Detailed Answer
When a person dies because of another party’s negligence or intentional act, North Carolina law allows the decedent’s personal representative to bring a wrongful death claim on behalf of the estate, heirs and dependents. The probate process ensures that the claim proceeds in an orderly fashion and that any recovery becomes part of the estate for proper distribution.
1. Appointment of the Personal Representative
The first step in probate is to appoint a personal representative. Under North Carolina’s probate statutes (Chapter 28A), the clerk of superior court issues Letters Testamentary (if there is a will) or Letters of Administration (if there is no will). These letters give the representative authority to manage estate matters, including filing a wrongful death lawsuit.
2. Filing the Wrongful Death Claim
North Carolina General Statute § 28A-18-2 requires that all wrongful death suits be brought in the name of the personal representative. The claimant must:
- File the complaint in the appropriate superior court within two years of the date of death (see N.C.G.S. § 1-53(4)).
- Attach a certified copy of the decedent’s death certificate and a certified copy of the representative’s letters to the initial court filing.
- If requested by the defendant, post a bond for costs or file an affidavit stating that the estate has no real property (bond requirements appear in N.C.G.S. § 28A-56).
3. Managing Proceeds and Distribution
Any recovery—through settlement or judgment—becomes part of the estate’s assets. The personal representative must account for all proceeds, pay valid debts and taxes, then distribute the net assets according to the will or, if there is no will, under North Carolina’s intestacy rules (N.C.G.S. Chapter 28A, Article 5).
Key Documents Needed to Support a Wrongful Death Claim
- Letters Testamentary or Letters of Administration: Prove the representative’s authority.
- Death Certificate: Establishes date and cause of death.
- Medical Records and Autopsy Report: Document injuries and medical treatment leading to death.
- Police or Investigation Report: Offers facts about the incident.
- Proof of Relationship and Dependency: Marriage license, birth certificates, tax records, or other documents showing heirs’ or dependents’ status.
- Expert Opinions: Medical or accident reconstruction reports to prove liability and damages.
- Financial Records: Wage statements, benefits statements, and household expense records to calculate pecuniary loss.
- Evidence of Funeral and Burial Expenses: Invoices showing the costs incurred by the estate.
- Bond or Affidavit: If the defendant demands security for costs, post bond or file an affidavit under N.C.G.S. § 28A-56.
Conclusion and Call to Action
Wrongful death claims must navigate probate protocols to ensure proper authority, evidence and distribution. Pierce Law Group’s attorneys understand these requirements and stand ready to guide families through every step. If you face a wrongful death matter, contact us for a consultation. Email intake@piercelaw.com or call (919) 341-7055.
