To be sure, the wrongful death and estate laws that exist in the state of Georgia are different from the laws of other states. In many other jurisdictions in the country, to be eligible to file a wrongful death claim, the person must be the executor, personal representative, or administrator of the loved one’s estate. No such requirement exists in Georgia, primarily because the estate claim and wrongful death claim that a surviving family member may bring after a loved one’s death are totally separate claims.
Also, in many Georgia wrongful death claims, it is the surviving spouse, parents, or children of the decedent who end up filing the claim. On the other hand, the estate administrator (who is usually the surviving spouse or some other close family member) is typically the individual who winds up filing the estate claim.
Also, in the state of Georgia, an estate administrator who is not a relative of the decedent may only file a claim for wrongful death if the decedent did not have a spouse, parents, or children who survived them at the time of death. Under these circumstances, the unrelated estate administrator must file the claim for wrongful death. Furthermore, the decedent’s “next of kin” will receive any damages recovered as part of the wrongful death claim (such as by way of a monetary settlement or jury verdict).
