Loune-Djenia Askew, Esq
Aug 8, 2025
In Florida, however, you can’t just file or continue a lawsuit on their behalf right away — you first need to open a probate estate.
When a loved one passes away, their family may still have the right to pursue compensation if they were injured before their death or if their death was caused by someone else’s negligence. In Florida, however, you can’t just file or continue a lawsuit on their behalf right away — you first need to open a probate estate.
Why Probate Is Required
Under Florida law, only a court-appointed personal representative has the legal standing to bring or continue a personal injury or wrongful death claim on behalf of the deceased’s estate. This is true whether the claim was already in progress before the person passed or will be filed after their death.
Through probate, the court:
Appoints a personal representative to act for the estate.
Allows the lawsuit to move forward or continue in court.
Oversees settlement or distribution of any proceeds from the case.
When Filing Probate Becomes Crucial
Opening a probate estate is especially important in cases where:
The deceased has no surviving spouse or adult children to immediately take action.
There is no will naming an executor or personal representative.
The recovery from the lawsuit may impact creditors or involve Medicaid recovery claims.
Protecting Your Right to Recovery
If you wait too long to open probate, you risk delaying or even jeopardizing the claim. Florida also has strict deadlines for filing lawsuits, so acting quickly is key. An attorney experienced in both probate and personal injury law can guide you through the process, ensuring the estate is properly opened and the claim is filed within the required timeframes.
Bottom line: Probate isn’t just a legal formality — it’s the step that gives you the authority to fight for justice and secure any compensation your loved one’s estate is entitled to.
For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.
Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.