Loune-Djenia Askew, Esq.
Sep 12, 2025
When a loved one passes away due to an accident or someone else’s negligence, their family may have the right to pursue a wrongful death or personal injury claim.
When a loved one passes away due to an accident or someone else’s negligence, their family may have the right to pursue a wrongful death or personal injury claim. But before any settlement money can be received, Florida law requires that a probate estate be opened. Families are often surprised by this step, but it’s a crucial part of the process.
Why Probate Is Necessary
Probate is the legal process that allows the court to recognize someone’s death, appoint a representative, and oversee the distribution of their assets and claims. In the case of wrongful death or personal injury:
Only the estate’s personal representative can file the claim.
Surviving family members cannot pursue the lawsuit directly. Instead, the court appoints a personal representative through probate, who acts on behalf of the estate and eligible survivors.
The settlement belongs to the estate first.
Any money recovered from the claim is considered an asset of the estate. Probate ensures these funds are properly collected, accounted for, and then distributed to the rightful beneficiaries.
Probate resolves debts and obligations.
Creditors may need to be notified and debts paid before settlement proceeds can be distributed. This prevents future disputes and ensures everything is handled legally.
It ensures fairness and compliance with Florida law.
Wrongful death settlements must follow strict rules about who receives what portion of the recovery. Probate provides the framework to divide the settlement according to statute, protecting the rights of spouses, children, or other dependents.
The Bottom Line
If you are pursuing a wrongful death or personal injury settlement in Florida, opening a probate estate isn’t just a formality—it’s a required step that allows the claim to move forward legally and ensures that any recovery is distributed fairly.
Working with an experienced probate and personal injury attorney can help families navigate this process smoothly, protect their rights, and focus on healing while the legal details are handled.
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.