When it comes to its wrongful death and estate laws, the State of Georgia is unique from other jurisdictions. Under the laws of many jurisdictions throughout the United States, only personal representatives, administrators, and executors of the decedent’s estate are in a position to file a wrongful death claim. However, in the State of Georgia, this is certainly not the case. The primary reason why this is true is that in Georgia, wrongful death claims and estate claims are two independent legal actions.
Also, unlike other jurisdictions throughout the country, the estate administrator is typically the person who files the estate claim in Georgia. The administrator of the decedent’s estate, in most cases, is a close family member, such as the deceased individual’s surviving spouse. When it comes to wrongful death claims in Georgia, however, it is usually the children, parents, or spouse of the decedent who files the claim.
Finally, in Georgia, a non-relative estate administrator can only file a wrongful death claim on behalf of the decedent if there are no surviving parents, children, or spouse. If damages result from the wrongful death claim by way of a settlement or jury verdict, those damages are held for the benefit of the deceased individual’s next of kin.
