In a Virginia wrongful death case, appointing a personal representative is an essential step in initiating a lawsuit and seeking compensation for the loss of a loved one. The personal representative is responsible for managing the legal aspects of the case, including filing the claim and distributing any awarded damages to the beneficiaries. Understanding the process and requirements for appointing a personal representative can be vital for family members who wish to pursue justice and compensation following a wrongful death.
If you have lost a loved one due to the actions of another party, call Shapiro, Washburn & Sharp at 833-997-1774 for a free and confidential consultation. We will examine all circumstances to determine your best course of action for financial justice.
Who Can Be Appointed as a Personal Representative in a Virginia Wrongful Death Case?
In Virginia, the court usually appoints the personal representative of the estate in a wrongful death case. According to Virginia law, the personal representative is often the executor or administrator of the deceased person’s estate. If the decedent left a will, the person named as the executor in the will is usually appointed.
If no will exists, the court will appoint an administrator, typically a family member or close relative of the deceased. Virginia law prioritizes the appointment of spouses, children, or parents of the decedent, though other individuals may also be considered depending on the circumstances. The court will appoint someone who is deemed fit to represent the interests of the estate and the beneficiaries of the wrongful death claim.
How Is a Personal Representative Appointed If the Deceased Had a Will?
If the deceased person had a valid will, the process of appointing a personal representative in a wrongful death case is relatively straightforward. The will typically names an executor, who is the person responsible for managing the estate, including pursuing wrongful death claims. The appointed executor must file the will with the local probate court and petition the court for official appointment as the personal representative of the estate.
Once the court validates the will, the named executor is granted authority to act as the personal representative. This individual will then have the legal standing to file a wrongful death lawsuit on behalf of the deceased’s estate and family members.
What Happens If the Deceased Did Not Have a Will?
If the deceased person did not have a will, Virginia’s laws of intestacy will determine who can be appointed as the personal representative for the wrongful death case. In this case, the court will appoint an administrator to act on behalf of the deceased’s estate.
Typically, the decedent’s surviving spouse, adult children, or parents are first in line to be appointed as the administrator. If no immediate family members are available, other relatives or individuals with a legitimate interest in the estate may be considered.
The individual appointed as the administrator will then have the authority to pursue a wrongful death claim in court. It is important to note that even without a will, a personal representative must still be appointed by the court before a wrongful death lawsuit can proceed.
What Is the Role of The Personal Representative in a Virginia Wrongful Death Case?
Once appointed, the personal representative has several critical duties in a wrongful death case. Their primary responsibility is to file the wrongful death lawsuit on behalf of the decedent’s estate and its beneficiaries, which may include surviving family members such as the spouse, children, or parents.
The personal representative is also responsible for gathering evidence, managing the legal aspects of the case, and representing the interests of the estate in court.
If the case results in a monetary award, the personal representative is tasked with distributing the proceeds among the beneficiaries according to Virginia law. It is crucial that the personal representative acts in the best interests of the decedent’s estate and follows the legal process to ensure a fair outcome for all parties involved.
How Can Your Personal Injury Law Firm Help?
At Shapiro, Washburn & Sharp, we understand that no amount of money will ever make up for the loss of your family member, but we also know that a wrongful death claim is often the only way a family will ever receive any justice for their loved one’s death.
Call 833-997-1774 today to schedule a free and confidential case evaluation with one of our dedicated wrongful death lawyers and find out what legal recourse you may have.