The representative is appointed by the probate court as executor under a will or administrator without one. Most wrongful death statutes require the representative to bring the action on beneficiaries' behalf.
Appointment is a prerequisite to standing.
Alternative Names:
Executor|Administrator of Estate
Why it Matters?
Absence of a qualified representative defeats standing, and a complaint filed before appointment may be dismissed or require substitution, which creates a limitations problem where the period expired in the interim. Confirming that appointment occurred and that letters remain current is a threshold defense check. Some states permit relation back of a later appointment while others do not.
Frequently Confused with
Related terms
Frequently asked questions
What happens if no representative was appointed?
Does later appointment cure the defect?
