Can an heir hire separate counsel and intervene in a North Carolina wrongful death suit handled by the personal representative?
Detailed Answer
In North Carolina, only the personal representative may file and maintain a wrongful death action. Under N.C.G.S. § 28A-18-2, the personal representative holds exclusive authority to bring the claim for the benefit of the decedent’s heirs.
An heir cannot hire a separate attorney to act as a plaintiff in the wrongful death suit. The heir may, however, monitor the lawsuit by notifying the court or counsel of their interest. If the heir believes the personal representative fails to protect estate interests, the heir may petition the court to remove the personal representative for cause. The North Carolina Estates Code sets the ground for removal under N.C.G.S. § 28A-15-6. The court may then appoint a successor personal representative, who would assume control of the wrongful death action.
Occasionally, heirs hire attorneys to advise on estate administration topics. These attorneys work with the personal representative to protect the heirs’ interests in distributions. They cannot, though, assert independent claims in the wrongful death proceeding. Any request for an attorney’s substitution or appearance in the wrongful death case must come from the personal representative or from a court order changing representation.
Key Takeaways for Heirs
- Only the personal representative may bring a wrongful death claim (N.C.G.S. § 28A-18-2).
- Heirs cannot join as plaintiffs or hire separate counsel to prosecute the suit.
- Heirs may petition for removal of the personal representative if misconduct or neglect threatens estate interests (N.C.G.S. § 28A-15-6).
- Heirs can retain counsel to advise on estate administration, but counsel cannot independently prosecute the wrongful death claim.
- If you question a personal representative’s conduct, contact an attorney early to protect your rights.
Wrongful death actions trigger strict procedures. Estates need clear guidance from the outset to avoid delays. At Pierce Law Group, our attorneys have deep experience guiding families through North Carolina probate and wrongful death matters. We help heirs understand their rights. Call (919) 341-7055 or email intake@piercelaw.com today to discuss your situation.
