Wrongful Death
The probate court's role in a wrongful death situation is at the beginning and end of the process.
If a person dies as a result of the negligent conduct or wrongful acts of another, the responsible person can be sued in court for damages.
An estate must be opened for the deceased person. Then, a court appointed person, known as the Executor or Administrator of the estate, is legally authorized to commence a legal action against the wrongdoer for damages for the loss caused by the victim's death. This lawsuit would go foward in the general division of the Court of Common Pleas.
Once the legal action commenced by the executor or administrator in the general division has been determined, any money damages awarded to the family of the deceased person must be disbursed to the family members. This disbursement must be approved by the probate court via a wrongful death action.
Forms
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Please note: All downloadable forms on this website are in a PDF file format. You will need Acrobat Reader in order to view and print these forms. If you do not have Acrobat loaded on your computer, click on Adobe's icon below to download a free version of Acrobat Reader.
The information contained on this web site is not legal advice, nor should it substitute for the assistance of a qualified attorney. Good legal assistance can speed up the court process and prevent costly legal errors.
