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Florida Wrongful Death Actions brought forth by the Personal Representative in another state

January 5, 2018

Wrongful Death Actions brought forth by the Personal Representative

 

A frequent issue our firm deals with are Wrongful Death Actions brought forth by the Personal Representative when the decedent died in Florida.   In this situation, as long as the foreign personal representative has received letters of administration in the US or any of its territories, they may initiate a wrongful death action in Florida courts without having to first be appointed personal representative of the decedent’s Florida ancillary estate under the Florida Probate Code.  This can be complicated, and we highly advise you to seek out a Florida attorney with experience in this area.  Please contact us for a free evaluation. 


It is also important to note that this process is a little different if the personal representative of the decedent’s estate was appointed by a court in a foreign nation.  In this situation, a personal representative of the ancillary estate must be appointed in a Florida court under Florida law to initiate an action in Florida courts for the Wrong Death action. 

 

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