Losing a loved one in an accident changes your life. When negligence causes the death, families often seek justice immediately. Many people assume a surviving spouse or parent has the automatic right to file a lawsuit. While true in many states, Washington law is different.
In 2022, 745 people died in traffic crashes across Washington. For surviving families, filing a lawsuit begins with a specific legal appointment.
Washington’s “Personal Representative” Rule
Under Washington Revised Code (RCW) 4.20.010, the Personal Representative (PR) of the estate must file the wrongful death claim for an adult. This person acts on behalf of the deceased.
Spouses, children, or parents generally cannot sign the initial complaint as the plaintiff unless they are also the appointed Personal Representative. Filing without this designation may result in the court dismissing the case.
Note: An exception exists for the death of a minor child. Under RCW 4.24.010, parents may often file a claim directly without the need for a probate appointment.
Who receives the settlement?
Many clients worry the Personal Representative keeps the settlement. This is incorrect. The PR manages the lawsuit, but state law (RCW 4.20.020) dictates who receives the compensation. These are “statutory beneficiaries.”
- Tier 1: Spouses, registered domestic partners, and children.
- Tier 2: Parents and siblings (Eligible only if there are no surviving Tier 1 beneficiaries).
Damages for lost financial support or emotional distress go to the beneficiaries, not the administrator.
How do you become the Personal Representative?
You become the PR in one of two ways:
- Through a will: If the deceased left a valid will, they likely named an executor. That person usually serves as the PR.
- By court appointment: If there is no will, you must petition the probate court to appoint you. Spouses and close relatives typically have priority.
You must complete this administrative step before filing a wrongful death action for an adult.