Suffering a personal injury can be a challenging experience, often requiring significant recovery time, medical treatment, and legal action. When a personal injury victim passes away during or after this process, their estate may need to go through probate. Probate is the legal procedure of settling a deceased person’s estate, including paying debts and distributing assets to heirs.
If you’re an executor or family member handling probate for someone who suffered a personal injury, the process can become more complicated, particularly if there is an unresolved personal injury claim. Here’s how to navigate the probate process effectively in such circumstances.
Step 1: Understand The Role Of Probate In Personal Injury Cases
When a personal injury victim dies, their estate becomes the party responsible for pursuing or continuing any legal claims, including personal injury lawsuits. As a probate lawyer can explain, the probate court oversees the management and distribution of the estate’s assets, including any potential compensation from a personal injury settlement or judgment.
This means that if the deceased’s personal injury case is unresolved, it will continue under the estate’s name. Any compensation awarded becomes part of the estate and is distributed according to the deceased’s will or state intestacy laws if no will exists.
Step 2: Appoint The Executor Or Administrator
The first step in probate is appointing an executor or administrator.
- Executor: If the deceased left a valid will, the named executor will handle the estate.
- Administrator: If there is no will, the court will appoint an administrator to oversee probate.
This person will manage the estate, handle legal proceedings, and work with attorneys on the personal injury claim.
Step 3: Gather And Protect The Estate’s Assets
The executor or administrator must compile an inventory of the deceased’s assets, including:
- Real estate, bank accounts, and investments.
- Pending personal injury claims or settlements.
- Personal property and other valuables.
As our friends at W.B. Moore Law can attest, it’s crucial to preserve these assets and ensure they are not misused during the probate process.
Step 4: Work With A Personal Injury Lawyer
A key part of handling probate in this situation is collaborating with a personal injury lawyer. They will:
- Continue or initiate the personal injury claim on behalf of the estate.
- Negotiate settlements or represent the estate in court.
- Ensure any awarded compensation is properly distributed through probate.
An experienced lawyer can streamline the process and maximize the value of the claim for the estate and its beneficiaries.
Step 5: Settle Debts And Claims Against The Estate
Before assets can be distributed, the executor must ensure that all debts, including medical bills and legal fees related to the personal injury case, are paid. This step is critical for avoiding legal disputes down the line.
Step 6: Distribute Assets To Heirs
Once debts are settled and the personal injury case is resolved, any remaining assets, including settlement proceeds, are distributed according to the will or state laws.
Conclusion
Handling probate after a personal injury can be complex, especially when legal claims are involved. Executors should work closely with probate and personal injury lawyers to ensure the process is handled efficiently and in compliance with the law. By following these steps, you can honor the deceased’s wishes and provide financial stability to their loved ones.