Administration includes appointing a representative, inventorying assets, resolving creditor claims, and distributing to heirs or beneficiaries. Litigation recoveries flow through the estate for survival claims but frequently pass directly to beneficiaries for wrongful death.
Creditor claim periods are short.
Alternative Names:
Probate Administration|Administration of Estate
Why it Matters?
Survival and wrongful death proceeds are treated differently, since survival damages belong to the estate and are subject to creditor claims and estate taxes while wrongful death proceeds typically pass directly to statutory beneficiaries free of those obligations. That distinction affects allocation negotiations, since plaintiffs prefer wrongful death characterization and creditors including medical lienholders prefer survival characterization.
Frequently Confused with
Related terms
Frequently asked questions
Why does the survival and wrongful death distinction matter?
Who prefers which characterization?
