Why Open an Estate for a Wrongful Death | Pylant Estate Law Huntsville

Why You Need to Open an Estate for a Wrongful Death Claim in Alabama

If You Want Justice, the First Step Is Probate

When a loved one dies unexpectedly due to someone else’s negligence or misconduct, families are often left reeling—not only from grief but from a sudden need to understand unfamiliar legal terrain. In Alabama, one of the first and most important legal steps in a wrongful death case is opening the deceased person’s estate. Without this step, no lawsuit can be filed, no damages can be awarded, and the chance at justice could be lost forever.

This may sound like a technicality, but it’s not. Opening an estate is a legal prerequisite to a wrongful death claim in Alabama. In fact, under Alabama law, only the personal representative of the deceased person’s estate has the authority to bring a wrongful death lawsuit. If you don't open the estate, you can’t move forward.

This page will walk you through exactly why opening an estate matters, how the process works, and how our probate law firm can help your family take this critical first step—with compassion, speed, and no upfront cost in many cases.

What Is an Estate, and Why Does It Matter for a Wrongful Death Lawsuit?

In legal terms, an "estate" is simply the legal entity that forms when a person passes away. It encompasses their remaining property, debts, and legal rights—including the right to pursue a wrongful death claim. When someone dies, their estate doesn’t automatically spring into action. A family member or interested party must open it in probate court and ask to be appointed as the personal representative (sometimes called an administrator or executor). This person—once officially appointed by the probate court—is the only individual who has the legal authority to bring a wrongful death lawsuit under Alabama law. In other words: No personal representative, no lawsuit. Even if the wrongful death case seems obvious—even if you have clear evidence and willing lawyers—nothing can happen until someone opens the estate.

Why Alabama Law Is Different—and Why That Affects You

Most states treat wrongful death as a claim that can be brought by surviving family members directly. But Alabama does not. Instead, Alabama’s wrongful death law is unique in several important ways:

Only the personal representative of the estate may bring the lawsuit.
Wrongful death damages are punitive, not compensatory. That means they’re designed to punish the wrongdoer, not reimburse the family for losses.
Any damages awarded bypass the estate and go directly to the heirs.
Creditors of the estate generally cannot access wrongful death proceeds.

So although the claim starts in probate court, any money recovered doesn’t get tied up in the estate—it goes straight to the legal heirs, protected from most debts and creditors. But again, none of this can happen until someone opens the estate

Who Can Serve as Personal Representative?

In Alabama, if the deceased had a will, the person named as executor will usually serve as the personal representative. If there’s no will, the court will appoint someone— typically a surviving spouse, adult child, or parent. If multiple people are eligible or disputes arise, the probate court may need to make a decision. As your probate lawyers, we’ll help:

Identify the appropriate county to file in
Determine who has priority under the law
Handle any waivers or consents needed from other family members
Prepare and file all necessary documents with the court

We aim to make the process smooth, fast, and respectful of family dynamics during analready painful time.

The Process of Opening an Estate in Alabama

Here’s how we help families open an estate for the purpose of pursuing a wrongful death claim:

Initial Consultation – We review your loved one’s situation, determine where probate should be filed, and assess whether a wrongful death claim may exist.
Prepare Probate Petition – We draft and file the legal documents required to open the estate in probate court.
Court Appointment – We help get the right person appointed as personal representative.
Coordinate with Injury Counsel – Once the estate is open, we work directly with trusted personal injury attorneys to move the wrongful death case forward.
Ongoing Probate Management – We ensure the probate case is kept in good standing and is ready to distribute funds appropriately if a settlement or verdict is reached.

This legal groundwork is essential and often time-sensitive. That’s why we act quickly— often filing probate within days of being hired.

What If There’s No Will?

Many families worry that the absence of a will will delay or derail their case. In most cases, it won’t. While a will can simplify certain steps, Alabama’s probate code includes procedures for appointing a personal representative even when there’s no will. We help families navigate this all the time. We’ll make sure:

Proper family members are notified
Any necessary consents are gathered
The court has what it needs to make an appointment

Even in contested situations, we can guide you through the options for resolution so the wrongful death claim doesn’t get stuck.

Why Time Is of the Essence

Wrongful death claims in Alabama are governed by a strict two-year statute of limitations—and in cases involving city, county, or state entities, notice deadlines can be as short as six months. That means every day matters.

Opening an estate doesn’t take long, but delaying it can jeopardize your ability to file the lawsuit at all. The court process itself can take several weeks depending on the county
and the backlog. Starting early gives your family the best chance to investigate the claim and prepare the case fully.

Even if you’re not sure whether a wrongful death occurred, it’s wise to talk to a lawyer immediately. We’ll help assess the facts and advise whether opening the estate is necessary.

Common Scenarios That May Lead to Wrongful Death

If your loved one died in a situation involving negligence or carelessness, it’s worth exploring whether a wrongful death claim could be brought. Some common situations include:

Fatal car or trucking accidents
Medical malpractice or hospital negligence
Nursing home abuse or neglect
Workplace injuries or industrial accidents
Dangerous property conditions (slip-and-falls, negligent security)
Defective products or unsafe prescription drugs

In each case, the first legal step is the same: open the estate so a personal representative can evaluate and, if appropriate, bring a claim.

How We Work With Personal Injury Attorneys

Our firm focuses on probate, estate administration, and the legal mechanics of wrongful death claims—not the courtroom side. That’s why we partner with a select group of
experienced personal injury attorneys across Alabama. We open the estate and ensure it’s legally sound and strategically prepared for litigation. Our injury partners handle the investigation, litigation, and negotiation. We stay involved throughout the process to ensure proper coordination. This model provides:

Faster case initiation
Reduced risk of probate-related delays
Smoother resolution and distribution of funds

In many cases, families pay nothing out-of-pocket for our probate services. We are typically compensated through a portion of the contingency fee shared with litigation counsel, subject to Alabama’s ethical rules.

Protecting Heirs and Preventing Probate Pitfalls

When wrongful death proceeds are awarded, they don’t go through the normal probate distribution process. Instead, they pass directly to the heirs as defined by Alabama
law—outside the reach of most creditors. Still, it’s critical that the probate case is handled properly to:

Avoid delays or disputes
Ensure proper notices and legal compliance
Distribute funds efficiently and legally

We help families navigate these waters, keeping the process on track and shielding you from unnecessary stress.

What’s the First Step?

Reach out to us for a free consultation. We’ll listen to your situation, determine whether a wrongful death claim is viable, and walk you through the probate process. We take care of the legal work so your family can focus on healing. If a wrongful death claim is appropriate, we’ll help you open the estate and connect with the right legal team to pursue justice.

We’re here to help. Call our office or fill out the form below to get started.
Wrongful Death Starts with Probate. Let Us Help You Take the First Step Toward Justice.