Suing on Behalf of the Estate?

When a person passes away, their legal claims and financial interests don’t vanish—they transfer to their estate. Because an estate cannot speak for itself in court, the executor (named in a will) or administrator (appointed by the court), steps in as the estate’s legal representative to protect the deceased’s legacy and assets, ensuring that what is rightfully owed to the estate is recovered and what is wrongfully claimed against it is defended.

The most widely known reason for an estate to pursue a lawsuit is wrongful death. Breach of contract and asset recovery are other reasons why a suit might be brought on behalf of a deceased person’s estate. 

Compensation for Harm Caused To The Deceased

As Will Newman explains at Unpredictible, “An executor may sue on behalf of the estate, seeking more money to distribute to beneficiaries. This often happens in personal injury cases, where the estate sues someone for causing the decedent harm.  But it may also arise in the event someone owed money to the decedent and the estate wants to collect that money so the beneficiaries may have it.” Examples of when the executor designated in a will, or administrator appointed by the court, might make claims on behalf of the estate of the deceased include:

• Wrongful Death Claims: If the deceased’s death was caused by the negligence, recklessness, or intentional act of another, the executor may file a wrongful death lawsuit to recover damages for the surviving family.
• Personal Injury/Medical Malpractice: Pursuing compensation for the pain, suffering, and medical bills the deceased experienced prior to their death.
• Breach of Contract: Enforcing agreements or recovering damages if a business deal, employment contract, or real estate sale was violated.
• Asset Recovery: Suing individuals or entities wrongfully holding property, money, or digital assets belonging to the deceased.

Accountability and Closure 

In the pursuit of accountability and closure, lawsuits on behalf of an estate may relate to economic losses, non-economic losses and punitive damages, as attorneys detail:

• Economic Losses: These cover tangible financial losses such as medical bills, funeral expenses, and lost income or benefits the deceased would have provided.
• Non-Economic Losses: These include intangible losses such as pain and suffering, loss of companionship, and emotional distress suffered by the surviving family members.
• Punitive Damages: In some cases, courts may award punitive damages to punish the at-fault party for egregious misconduct.

Pointing out that “By shouldering the legal responsibilities on behalf of the deceased’s estate,” executors and administrators can “help surviving family members secure the justice and compensation they deserve,” attorney Brandon J. Broderick notes that it is important to understand varying state laws and court procedures related to wrongful death claims:

• The laws governing wrongful death claims vary across jurisdictions, including who can serve as an executor or administrator and how damages are distributed. For instance, in New York, the personal representative must file the claim, and damages are distributed directly to beneficiaries based on their relationship to the deceased. In contrast, California allows both the estate’s representative and certain family members to initiate the claim.

• Once the court or settlement determines the compensation, the executor or administrator must distribute the funds according to the laws of the state and the specifics of the case.

• Family Disputes: Disagreements among surviving family members about the distribution of damages can complicate the executor or administrator’s role.

As attorneys at Walkers explain, “An executor has a fiduciary obligation to act in the best interests of the estate and the beneficiaries … .The executor should exercise care and skill in administering the estate and should take steps to preserve the assets of the estate. A breach of these duties can result in a legal action being brought against the executor by the beneficiaries of the estate.”

Because of the fiduciary obligations involved, executors and administrators must always avoid conflicts of interest as they settle the affairs of the estate. Given the seriousness of the role, probate courts frequently require a type of fiduciary bond known as an executor, administrator, or estate bond. The purpose of this bond is to guarantee that assets will be properly handled in accordance with the estate plan, as well as state laws and protocols. 

Colonial Surety Company makes it quick and easy to obtain estate bonds of all kinds, including executor bonds, and administrator bonds. A user-friendly online service allows you to quote and obtain a bond that is instantly available to download and e-file in court. Fiduciaries in every state can efficiently obtain their required bonds right here:

Executor, Administrator, or Estate Bonds Here

Estate Law Practice? Here’s Help…

All types of fiduciary and court bonds are just a few clicks away with The Partnership Account® for Attorneys from Colonial Surety Company. Once you’ve signed up, just:

• Log into your private dashboard
• Choose from our complete portfolio of fiduciary and court bonds
• Get a quote and send it to your client for completion, or go ahead and complete it on their behalf—the choice is yours.
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Available fiduciary bonds include: administrator, estate, executor, probate, personal representative, trustee, conservator, guardian and more. 

Court bonds include: appeal, supersedeas, TRO, replevin and many more. 

At Colonial Surety Company, we are national and direct bond writers. Our experienced team is here to help ensure you meet even the most detailed bonding requirements.

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Colonial Surety is rated “A Excellent” by A.M. Best Company, U.S. Treasury listed, and licensed for business everywhere in the USA. Our customers have awarded us a 4.8 Trustpilot score.Whenever and wherever you need a bond, trust Colonial: www.colonialsurety.com