When someone dies because of another’s negligence in Florida, a wrongful death claim may follow. But not every family member files their own case. Florida law puts one person in charge: the personal representative. At Padron & Lopez-Trigo, P.A., we understand that this role carries real responsibility. Understanding the personal representative wrongful death role helps families choose wisely and avoid delays.
Key Takeaways
- Understanding the personal representative wrongful death role helps families choose wisely and avoid delays.
- A personal representative is the person who manages a decedent’s estate.
- Under section 768.20 of the Florida Statutes, a wrongful death action is brought by the decedent’s personal representative.
- Often, the decedent’s will names a personal representative.
- In some situations, a court can remove or replace a personal representative.
What Is a Personal Representative?
A personal representative is the person who manages a decedent’s estate. In other states, this person may be called an executor or administrator. In Florida, the personal representative also has a key role in wrongful death cases.
Why Does Florida Require a Personal Representative?
Under section 768.20 of the Florida Statutes, a wrongful death action is brought by the decedent’s personal representative. The personal representative files for the benefit of the estate and all survivors. This keeps the claim in one case instead of many separate lawsuits.
How Is a Personal Representative Chosen?
Often, the decedent’s will names a personal representative. If there is no will, a Florida probate court appoints one. Florida law sets out who may serve and who has preference. A spouse or adult child is often chosen, but others may serve too.
The court must formally appoint the personal representative. Until that happens, the wrongful death case usually cannot move forward.
What Are the Personal Representative’s Duties?
In a wrongful death case, the personal representative generally:
- Files the lawsuit in the estate’s name
- Identifies all survivors and their relationship to the decedent
- Works with the lawyer on the case
- Represents the interests of the estate and all survivors
- Reviews and approves settlement proposals, often with court approval
- Helps make sure funds go to the right people
Under section 768.21, all potential beneficiaries, including the estate, must be identified in the complaint, and their relationships must be stated.
Does the Personal Representative Get All the Money?
No. The personal representative files the claim for everyone. Damages belong to the survivors and the estate based on Florida law. For example, a surviving spouse may recover for lost companionship, while minor children may recover for lost guidance. The estate may recover certain expenses.
What If Survivors Disagree?
Grief can bring tension. Survivors may disagree about the case or a settlement. The personal representative must act for all survivors. One person cannot come first. If disputes arise, the probate court can step in. Clear communication helps.
Can the Personal Representative Be Replaced?
In some situations, a court can remove or replace a personal representative. This might happen if the person cannot serve or does not carry out their duties. A lawyer can explain the process.
| Topic | Key point |
|---|---|
| Who files | The personal representative |
| How chosen | Named in the will or appointed by the court |
| Who benefits | The estate and all survivors |
| Complaint | Must list all beneficiaries and relationships |
| Settlements | Often need court approval |
| Disputes | The probate court can resolve |
How Does Probate Work With the Claim?
The wrongful death case and the probate case are linked. The probate court appoints the personal representative. Some settlement money may pass through the estate. Other parts go directly to survivors. Following both sets of rules matters.
Tips for Families Choosing a Personal Representative
- Choose someone organized and reliable.
- Pick someone who can work with all family members.
- Make sure they can attend court dates and meetings.
- Ask a lawyer about Florida’s eligibility rules.
A Simple Way to Think About the Role
The personal representative is like the team captain. They do not play for one person. They play for the whole family. They keep track of papers. They talk with the lawyer. They help make big choices. They follow the court’s rules. It is a big job. Choose someone ready for it.
A Short Checklist for New Personal Representatives
Get copies of the death certificate. Make a few. Find the will. Talk with family. Pick one person to lead. Ask the court to appoint that person. Get the letters of administration. Keep a list of all survivors. Keep their contact details. Save every bill. Save every insurance letter. Share updates with the family. Ask questions when unsure. Lean on your lawyer. You do not have to do it alone.
A Few Words of Comfort
This job can feel heavy. You are grieving. You are also leading. That is a lot. Take breaks. Ask family for help with small tasks. Let your lawyer handle court filings and insurer calls. Keep notes of each step. Ask for updates. You are not alone.
Questions to Ask a Lawyer
- How do I get appointed?
- What must I tell the family?
- How do I handle estate debts?
- What if someone disagrees with a settlement?
Common Mistakes to Avoid
- Waiting too long to open an estate
- Choosing someone who cannot serve
- Leaving out survivors in the complaint
- Settling without required approvals
Get Guidance Through Every Step
The personal representative wrongful death role is central to a Florida case. Padron & Lopez-Trigo, P.A. focuses on personal injury and wrongful death cases and can help families understand the process. Learn more about our wrongful death practice. If you have questions after losing a loved one or suffering an injury, call Padron & Lopez-Trigo, P.A. at (305) 686-5570 or contact us online for a free case evaluation.
This article is general information about Florida law and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and laws change. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
Frequently Asked Questions
Q: Who files a wrongful death lawsuit in Florida?
A: The decedent’s personal representative.
Q: How is a personal representative chosen?
A: Named in the will or appointed by a probate court.
Q: Does the personal representative keep the money?
A: No. Damages belong to survivors and the estate under Florida law.
Q: Must all survivors be listed?
A: Yes. All potential beneficiaries must be identified in the complaint.
Q: Can a personal representative be replaced?
A: In some situations, a court can replace them.