The wrongful death and estate laws in the state of Georgia are different from similar laws used by other jurisdictions throughout the United States. In a lot of other jurisdictions, only personal representatives, executors, and administrators of a decedent’s estate have the legal authority necessary to file a wrongful death claim.
However, in the state of Georgia, no such requirement exists. The reason for this is because in Georgia, wrongful death claims and estate claims are entirely different claims, and they are separate and apart from one another.
In the state of Georgia, the deceased loved one’s parents, surviving spouse, or children typically file the claim for wrongful death. In contrast, the administrator of the estate, who is usually a close family member of the decedent, such as a surviving spouse, typically files the estate claim.
When it comes to wrongful death claims in Georgia, the administrator of an estate who is not related to the deceased individual can file the claim only in cases where there is no surviving parent, spouse, or child of the decedent who is left. If the wrongful death claim received monetary compensation, “next of kin” of the decedent will be the recipients of the award.
