Can I File a Wrongful Death Claim if the Deceased Had No Will?

In Florida, only the personal representative of the deceased’s estate can file a wrongful death claim, regardless of whether the deceased had a will or not. If the deceased did not have a will, the court will need to appoint one before you can proceed.

As our Fort Myers wrongful death lawyers explain, navigating the legal process of a wrongful death claim can be complex, especially if your loved one didn’t leave a will. Your claim may still be valid if there wasn’t a will, but you should speak with an attorney as soon as possible to get your case started.

Understanding Wrongful Death Claims in Florida

Wrongful death claims in Florida Law are legal actions brought against a party whose negligence or intentional act caused someone’s death. These claims aim to provide compensation to the deceased’s family members for their loss. 

In Florida, the personal representative of the deceased’s estate is the only party who can file a wrongful death claim. This rule applies whether or not the deceased left a will. The personal representative acts on behalf of the estate and the surviving family members.

If your loved one had a will, it likely named an executor who would serve as the personal representative. But what happens if there’s no will? Let’s explore this scenario further.

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What Happens When There’s No Will?

When someone dies without a will, they are said to have died “intestate.” In these cases, Florida law provides a process for appointing a personal representative. Typically, the court will appoint a close family member to serve in this role.

The order of priority for appointment as personal representative usually follows this pattern:

1. The deceased’s surviving spouse
   
2. A person selected by a majority of the deceased’s heirs
   
3. The heir nearest in degree (closest family relation)

It’s important to note that even if you’re not the personal representative, you may still be eligible to receive compensation for a wrongful death claim if you’re a surviving family member. The personal representative will be responsible for distributing claims per the court’s orders, should they win the case.

The Role of the Personal Representative

The personal representative has several important responsibilities in a wrongful death case:

• Filing the wrongful death lawsuit
  
• Representing the interests of the estate and surviving family members
  
• Working with attorneys to build the case
  
• Making decisions about settlement offers

While the personal representative files the claim, they do so on behalf of all eligible surviving family members. In Florida, this typically includes the deceased’s spouse, children, parents, and any blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support.

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How is Compensation Distributed?

Even though only the personal representative can file the claim, the compensation from a wrongful death case is distributed among eligible surviving family members. The distribution is based on several factors, including:

• The relationship to the deceased
  
• The degree of dependency on the deceased
  
• The age of surviving children

It’s crucial to work with an experienced wrongful death attorney who can help ensure that the compensation is fairly distributed among all eligible beneficiaries.

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What if There’s Disagreement About the Personal Representative?

Sometimes, family members may disagree about who should serve as the personal representative. This can happen especially in cases where there’s no will to provide guidance. If there’s a dispute, the court will make the final decision based on Florida law and the specific circumstances of the case.

In these situations, it’s particularly important to have legal representation. An experienced attorney can help mediate family disagreements and ensure that the focus remains on pursuing justice for your loved one.

Time Limits for Filing a Wrongful Death Claim if the Deceased Had No Will

It’s crucial to be aware of the time limits, or statute of limitations, for filing a wrongful death claim in Florida. Generally, the claim must be filed within two years of the date of death. This time frame applies regardless of whether there was a will or not.

Given this limited window, it’s important to start the process of appointing a personal representative as soon as possible if your loved one dies without a will. Delays in this process could potentially impact your ability to file a claim within the required timeframe.

Contact Viles & Beckman for Help with Your Wrongful Death Case

Losing a loved one is never easy, and dealing with legal matters during this time can feel overwhelming. If the deceased had no will, filing a wrongful claim can become much more challenging but not impossible.

At Viles & Beckman, we have the knowledge, experience, and compassion to guide you through the process of filing a wrongful death claim, even if your loved one didn’t leave a will.  Contact us today for a free consultation. We will help you understand your rights and options so you can focus on healing and honoring your loved one’s memory.

Call or text (239) 334-3933 or complete a Free Case Evaluation form