Can a Personal Representative Be Sued in a Wrongful Death Case?

TL;DR

Yes, a personal representative can be sued in matters related to a wrongful death, but the context is critical. They can be sued in two distinct capacities. First, a personal representative is the named defendant when the deceased person’s estate is sued for causing a death. In this role, they are not personally liable; any damages are paid from the estate’s assets. Second, beneficiaries of the estate can sue the personal representative directly for breach of fiduciary duty if they mismanage the wrongful death claim, for example, by settling for too little, missing a filing deadline, or misusing the settlement funds. In this second scenario, the representative can be held personally liable for the financial harm they cause.

Key Highlights

A personal representative legally acts for a deceased person’s estate in court.
They are the defendant when the estate is sued for causing a wrongful death.
They can be sued by the estate’s beneficiaries for mismanaging a wrongful death claim.
This lawsuit against the representative is for a “breach of fiduciary duty.”
Mismanagement includes accepting a low settlement, missing deadlines, or conflicts of interest.
If found guilty of misconduct, a personal representative can be personally responsible for paying damages.

When a person’s death is caused by the negligence or misconduct of another, the law provides a path for justice through a wrongful death claim. These civil actions are not brought by the deceased person, but rather by their estate or surviving family members. Central to this process is a figure appointed by a probate court: the personal representative. This individual, also known as an executor or administrator, is given the legal authority to manage the deceased’s final affairs, including pursuing or defending legal claims on behalf of the estate.

The responsibilities placed upon a personal representative are significant. They are bound by a strict legal standard known as a fiduciary duty, which obligates them to act with complete loyalty and in the best financial interests of the estate’s beneficiaries. This duty governs every decision they make, from paying the deceased’s final bills to managing a complex wrongful death lawsuit. Whether they are initiating a claim against a responsible party or defending the estate from allegations, their actions are held to this high standard.

The question of whether a personal representative can be sued in a wrongful death case has a layered answer that depends entirely on who is filing the lawsuit and for what reason. The representative can indeed find themselves named as a defendant, but the circumstances dictate whether they are acting as a shield for the estate or are being held personally accountable for their own failures. Understanding these two very different legal situations is essential for both beneficiaries seeking to protect their inheritance and for the individuals tasked with this important role.

Understanding the Role of a Personal Representative in Wrongful death Claims

Before exploring the ways a personal representative can be sued, it is vital to understand their specific function within the legal framework of a wrongful death action. This person is the lynchpin of the entire process, acting as the legal voice for someone who can no longer speak for themselves.

What is a Personal Representative?

A personal representative is an individual or institution appointed by a probate court to administer a deceased person’s estate. The specific title can vary by state and circumstance:

Executor: If the deceased person (the decedent) left a valid will, they likely named an executor to carry out the will’s instructions. The court typically honors this choice and formally appoints the named person.
Administrator: If the decedent died without a will (a situation known as “intestate”), the court will appoint an administrator based on a legal order of priority, which usually starts with a surviving spouse, adult children, or other close relatives.

Regardless of the title, their legal authority and responsibilities are largely the same. They are empowered to gather the decedent’s assets, pay their debts and taxes, and distribute the remaining property to the rightful heirs or beneficiaries.

Appointment and Authority

A person does not simply become a personal representative by being named in a will. They must be formally appointed by a judge in the probate court of the county where the decedent lived. The court issues a document, often called “Letters Testamentary” (for an executor) or “Letters of Administration” (for an administrator), which serves as official proof of their legal authority to act on behalf of the estate. This document is what gives them the standing to file a lawsuit, open an estate bank account, or sell property.

Key Responsibilities in a Wrongful Death Action

When a wrongful death is involved, the personal representative’s duties expand significantly. They are responsible for making critical decisions that will directly impact the financial recovery for the surviving family members.

Investigating and Filing the Lawsuit: The representative is responsible for hiring a qualified wrongful death attorney to investigate the circumstances of the death and determine if a valid claim exists. They are the official plaintiff in the lawsuit, filing it “as the Personal Representative of the Estate of [Deceased’s Name].”
Gathering Evidence: They work closely with the legal team to gather necessary documents, such as medical records, financial statements showing the decedent’s income, and information about the beneficiaries.
Making Legal Decisions: While the attorney provides advice, the personal representative makes the final decisions on legal strategy, including whether to accept a settlement offer or proceed to trial.
Distributing the Proceeds: If the case is successful, any settlement or jury award is paid to the estate. The representative is then responsible for paying legal fees, reimbursing any medical or funeral expenses paid by the estate, and distributing the remaining funds to the beneficiaries according to state law or the terms of the will.

Throughout this entire process, every action they take is governed by their fiduciary duty to the beneficiaries.

Scenario 1: When the Personal Representative is Sued on Behalf of the Estate

The most common situation where a personal representative is named as a defendant in a lawsuit is when the deceased person is alleged to have caused someone else’s death. In this context, the representative is not being accused of personal wrongdoing. Instead, they are the legal stand-in for the estate, which is the actual party being sued.

The Estate as the Defendant

A deceased person cannot be sued directly. The law solves this problem by allowing the lawsuit to be filed against their estate. Since the estate is a legal entity and not a person, the personal representative is the one who is formally served with the lawsuit and named as the defendant. The legal documents might read something like, “Jane Smith, as Personal Representative of the Estate of John Smith, Defendant.”

This means Jane Smith is responsible for defending the lawsuit, but she is doing so in her official capacity, not as an individual. The claim is against the assets and resources of the deceased John Smith.

Examples of When This Occurs

This scenario can arise in any situation where the decedent’s actions may have led to a fatality.

Fatal Vehicle Collisions: If the decedent caused a car crash that resulted in the death of another driver or passenger, the family of that victim could sue the decedent’s estate for wrongful death. The decedent’s personal representative would defend the claim, typically using the decedent’s auto insurance policy as the primary source of funds for any settlement.
Medical Malpractice: If a doctor’s negligence caused a patient’s death, and the doctor subsequently passes away for unrelated reasons, the patient’s family can sue the doctor’s estate. The doctor’s personal representative would manage the defense, working with the doctor’s medical malpractice insurance carrier.
Premises Liability: Imagine a homeowner fails to repair a broken railing on their porch. A visitor leans against it, falls, and suffers a fatal injury. If the homeowner dies before a lawsuit is filed, the visitor’s family can sue the homeowner’s estate. The personal representative would use the homeowner’s insurance policy to defend the claim.

What is the Personal Representative’s Liability?

In this scenario, the personal representative has no personal financial liability for the alleged wrongful death. Their own assets, home, and savings are not at risk. Any judgment or settlement reached is paid from the assets of the deceased’s estate. These assets could include:

An applicable insurance policy (auto, homeowners, or professional liability).
Bank accounts, investments, and real estate owned by the decedent.
Other personal property.

The representative’s job is to manage the defense of the claim responsibly, using estate funds to hire an attorney (if not provided by an insurer) and to pay any resulting settlement. Their personal finances are kept entirely separate.

Scenario 2: When Beneficiaries Sue the Personal Representative Directly

The second scenario is completely different and far more serious for the personal representative. Here, the representative is not being sued as a stand-in for the estate. They are being sued by the estate’s beneficiaries for their own personal misconduct in managing the estate’s affairs, specifically the wrongful death claim. This type of lawsuit alleges a breach of their fundamental duties.

The Concept of Fiduciary Duty

A fiduciary duty is the highest standard of care recognized by the legal system. It requires the personal representative (the fiduciary) to act with unwavering loyalty and good faith in the best interests of the beneficiaries. They must put the beneficiaries’ interests ahead of their own and cannot engage in self-dealing or conflicts of interest. When a personal representative violates this duty, they can be held personally accountable for any financial harm that results.

Common Reasons for Lawsuits by Beneficiaries

Beneficiaries may sue a personal representative for a number of failures related to the handling of a wrongful death action. These lawsuits are typically filed in probate court as a petition for surcharge, removal, or damages.

Negligent Handling of the Claim: This can happen if the representative fails to act with reasonable care. For instance, if they miss the statute of limitations (the legal deadline for filing a lawsuit), the beneficiaries’ right to sue is permanently lost. The beneficiaries could then sue the representative for the amount they likely would have recovered.
Improper Settlement: A representative might accept a “lowball” settlement offer from an insurance company just to close the estate quickly. If the beneficiaries can prove that the claim was worth substantially more and the representative settled without proper diligence or against expert advice, they can be sued for the difference.
Misappropriation of Funds: This is one of the most serious breaches. If a representative uses settlement money for their own personal expenses, co-mingles it with their own funds, or simply steals it, they can be sued for the stolen amount and may also face criminal charges.
Conflict of Interest: Imagine the wrongful death was caused by a company in which the personal representative is a major shareholder. If they make decisions in the lawsuit that protect their company’s interests rather than maximizing the recovery for the beneficiaries, this is a clear conflict of interest and a breach of duty.
Failure to Distribute Proceeds Correctly: After a settlement is received, the representative must distribute the money according to the law. This involves paying creditors, attorneys, and then dividing the remainder among the beneficiaries as specified in the will or by state intestacy laws. If they favor one beneficiary over another or fail to distribute the funds at all, they can be sued.

Personal Liability in These Cases

Unlike the first scenario, when a personal representative is sued by beneficiaries for a breach of fiduciary duty, their personal assets are at risk. If the court finds that their misconduct caused financial damage to the estate, it can issue a judgment against them personally. This means they may have to use their own money, sell their own property, or have their wages garnished to make the beneficiaries whole. This personal liability is what makes the role of a personal representative one that should never be taken lightly.

Distinguishing Between a Wrongful Death Claim and a Breach of Duty Claim

To fully grasp the legal landscape, it is helpful to directly compare the two types of lawsuits. They are fundamentally different actions with different parties, goals, and outcomes.

The Underlying Cause of Action

Wrongful Death Claim: The legal basis for this lawsuit is the tort (a civil wrong) committed by the person or entity that caused the death. The focus is on proving that the defendant’s negligence, recklessness, or intentional act led to the fatality. The goal is to obtain financial compensation for the survivors’ losses.
Breach of Duty Claim: The legal basis here is the failure of the personal representative to uphold their fiduciary responsibilities. The focus is not on the original death, but on the representative’s mismanagement of the legal claim or its proceeds. The goal is to recover the financial losses caused by that mismanagement.

Who are the Parties Involved?

The roles of plaintiff and defendant clearly illustrate the difference:

Wrongful Death Claim:
- Plaintiff: The personal representative, acting on behalf of the estate and its beneficiaries.
- Defendant: The person, company, or entity that allegedly caused the death (the tortfeasor).
Breach of Duty Claim:
- Plaintiff: The beneficiaries or heirs of the estate.
- Defendant: The personal representative.

Damages and Remedies

The financial outcomes sought are also distinct:

Wrongful Death Claim: Damages are intended to compensate for losses stemming from the death. These can include:
- Loss of financial support and future earnings.
- Loss of companionship, guidance, and consortium.
- Medical expenses incurred before death.
- Funeral and burial costs. These damages are paid by the tortfeasor or their insurance company.
Breach of Duty Claim: Remedies are designed to correct the representative’s wrongdoing and restore the estate. These can include:
- Surcharge: A court order forcing the representative to personally pay back the estate for the money lost due to their negligence or misconduct.
- Removal: The probate judge can remove the representative from their position and appoint someone else to finish administering the estate.
- Forfeiture of Fees: The court can rule that the representative is not entitled to any compensation for their services.

How Personal Representatives Can Protect Themselves from Liability

Serving as a personal representative is a demanding job fraught with potential legal pitfalls. However, individuals who take on this role can take concrete steps to protect themselves from personal liability and ensure they are fulfilling their duties properly.

The Importance of Professional Guidance

The single most important step a personal representative can take is to hire experienced professionals. It is a mistake to try to handle a wrongful death claim or complex estate administration alone.

Hire an Experienced Probate Attorney: A probate lawyer guides the representative through the entire court process, ensuring all legal deadlines are met, documents are filed correctly, and all actions comply with state law. Their guidance is the best defense against procedural errors that could lead to liability.
Hire a Skilled Wrongful Death Attorney: For the claim itself, the representative should retain a law firm with a proven track record in wrongful death litigation. This ensures the case is properly investigated, valued, and pursued, protecting the representative from claims that they mishandled the lawsuit or settled for too little. The cost of these attorneys is paid from the estate, not from the representative’s pocket.

Best Practices for Fiduciary Responsibility

Beyond hiring professionals, the representative must adhere to a strict code of conduct in all their dealings.

Communicate Transparently: Keep all beneficiaries reasonably informed about the status of the wrongful death claim and the estate administration. Provide periodic updates on settlement negotiations, major legal filings, and financial matters. A lack of communication is a common source of suspicion and conflict.
Maintain Meticulous Records: Keep detailed and accurate records of every financial transaction. Open a separate bank account for the estate and never co-mingle estate funds with personal funds. This transparency is crucial for demonstrating that all money has been handled properly.
Avoid Conflicts of Interest: A representative must be completely objective. If a potential conflict arises, it must be disclosed to the beneficiaries and the court immediately. In many cases, it is best to seek the court’s instruction on how to proceed to avoid any appearance of impropriety.
Act with Diligence: Do not let matters languish. Address issues promptly, respond to attorney requests, and pay close attention to all deadlines, especially the statute of limitations for filing the wrongful death lawsuit.
Seek Court Approval for Major Decisions: For significant actions, such as agreeing to a settlement amount, selling major estate property, or paying large debts, the representative can file a petition with the probate court seeking approval. If the judge approves the action, it provides a strong layer of legal protection against future claims from beneficiaries.

The Legal Process for Suing a Personal Representative

For beneficiaries who believe a personal representative has mismanaged a wrongful death claim and harmed the estate, there is a legal process to hold them accountable. This action takes place within the probate court that is overseeing the estate.

Initiating a Lawsuit for Breach of Fiduciary Duty

The first step for a concerned beneficiary is to consult with an attorney who specializes in probate litigation or estate disputes. This is a specialized area of law, and expert guidance is necessary. If the attorney agrees that a valid claim exists, they will typically take the following steps:

File a Petition: The arizona wrongful death attorney will file a formal petition with the probate court. This document will outline the specific actions or inactions of the personal representative that constitute a breach of fiduciary duty.
State the Desired Remedy: The petition will ask the court for specific relief, such as an order to surcharge the representative, remove them from their position, or compel them to provide a full accounting of the estate’s finances.
Serve the Representative: The personal representative must be formally served with the petition, giving them notice of the allegations and an opportunity to respond.

Proving the Case: What Evidence is Needed?

The burden of proof is on the beneficiaries to show that the representative breached their duty and that this breach caused a financial loss to the estate. Evidence is key to a successful case and can include:

Documentation: Copies of the wrongful death settlement agreement, attorney correspondence, and court filings.
Financial Records: Bank statements, canceled checks, and other financial documents that show misappropriation or mismanagement of funds.
Communications: Emails, text messages, or letters between the representative and beneficiaries that demonstrate a lack of transparency or misleading information.
Expert Testimony: In a case involving an inadequate settlement, the beneficiaries’ attorney might hire another wrongful death lawyer to serve as an expert witness. This expert can testify that, based on the facts of the case, a reasonably competent representative would have secured a much higher settlement.

Potential Outcomes and Remedies for Beneficiaries

If the court agrees with the beneficiaries, it has broad power to remedy the situation. The judge can order one or more of the following:

Surcharge: The most common remedy, where the representative is ordered to personally repay the estate for the losses they caused.
Removal and Replacement: The judge can immediately remove the dishonest or incompetent representative and appoint a new one, often a professional fiduciary or attorney, to take over.
Denial of Compensation: The court can strip the representative of any fee they would have been entitled to for their services.
Attorney’s Fees: The judge may order the representative to personally pay the beneficiaries’ legal fees for having to bring the action.
Punitive Damages: In cases involving intentional misconduct, such as fraud or theft, the court may award punitive damages to punish the representative and deter future misconduct.

Conclusion

The role of a personal representative in a wrongful death case is complex and carries immense responsibility. The question of whether they can be sued is answered with a definitive “yes,” but the answer unfolds into two very different legal realities. On one hand, they serve as the estate’s legal representative, defending claims brought against the deceased without risking their personal assets. This is a procedural role, shielding them from personal financial harm.

On the other hand, they are fiduciaries held to the highest legal standard of loyalty and care. When they fail in this duty through negligence, self-dealing, or incompetence, they expose themselves to direct lawsuits from the very beneficiaries they are supposed to protect. In these breach of duty cases, the shield is gone, and their personal liability is very real. A court can order them to personally compensate the estate for losses, remove them from their position, and deny them any payment for their service.

For personal representatives, the path to avoiding liability is paved with diligence, transparency, and professional guidance. Proactively hiring experienced probate and wrongful death attorneys is not a sign of weakness but a mark of a prudent fiduciary. For beneficiaries, understanding their right to hold a representative accountable is a powerful tool to protect their inheritance and ensure justice is served. If you are a beneficiary who suspects mismanagement, or a personal representative facing the challenges of administering an estate, seeking immediate counsel from a qualified attorney is the most critical step you can take to safeguard your legal rights and financial future. Contact us for free consultation today.