Losing a loved one is heartbreaking and when that loss was caused by someone else’s negligence, the pain is often accompanied by confusion and questions about your legal rights. In Michigan, not just anyone can file a wrongful death lawsuit. State law limits that right to the personal representative of the deceased person’s estate, but multiple family members may be entitled to receive compensation. If you’re wondering whether you can file a claim or be included in a settlement, this guide explains who qualifies, how the process works, and what to do if no will or executor exists.
Who Has the Legal Right to File a Wrongful Death Claim in Michigan?
Michigan law is very specific about who can file a wrongful death lawsuit. According to MCL 600.2922(2), only the personal representative of the deceased person’s estate has the legal authority to initiate the claim in court.
This person acts on behalf of the estate and the surviving family members. Even if multiple loved ones were affected by the death such as a spouse, children, or parents, they cannot file separate lawsuits. All claims for damages must be brought together in a single wrongful death action, handled by the estate’s representative.
If the deceased left a will, the personal representative is usually named in that document. If there is no will, or if the named individual cannot serve, the probate court will appoint someone, often a close family member to take on the role.
This structure ensures that:
- Only one coordinated lawsuit is filed
- All eligible beneficiaries are notified
- The court can oversee fair distribution of any settlement or award
Role of the Personal Representative in a Michigan Wrongful Death Lawsuit
The personal representative (PR) of the deceased person’s estate is the only individual legally allowed to file a wrongful death lawsuit in Michigan. This person acts as the official voice of the estate and is responsible for pursuing the claim, notifying surviving family members, and ensuring that any compensation is properly distributed.
If the deceased had a will, the PR is typically named in that document. If there is no will, a family member often a spouse, adult child, or parent may petition the probate court to be appointed.
Once appointed, the personal representative has several key responsibilities throughout the wrongful death process. Their role isn’t just administrative, they play a central part in how and when compensation reaches surviving family members.
The table below outlines the main duties of a personal representative in a Michigan wrongful death case:
| 🧑⚖️ Duty | 📄 Description | 💬 Purpose |
|---|---|---|
| File the Lawsuit | Initiates the wrongful death case in civil court | Seeks compensation on behalf of eligible family members |
| Notify Eligible Survivors | Sends legal notice to family members as required by MCL 600.2922(3) | Ensures all interested parties can participate in the case |
| Manage Evidence & Legal Process | Works with the attorney to gather evidence, negotiate, and prepare for trial | Builds the case and protects the estate’s legal interests |
| Distribute Settlement or Verdict | Allocates funds per court-approved distribution | Provides financial compensation to those entitled to damages |
| Report to Probate Court | May need to provide updates or documentation to the probate judge | Keeps the court informed and ensures lawful handling |
Who Receives Notice of the Wrongful Death Claim?
Under Michigan’s wrongful death statute (MCL 600.2922(3)), once a wrongful death lawsuit is filed, the personal representative is legally required to notify certain individuals who may have a right to compensation.
This step ensures that all potentially eligible family members have the opportunity to be included in the case even if they weren’t directly involved in filing it.
Who Must Receive Legal Notice Under Michigan Law
The personal representative must notify the following individuals after filing a wrongful death claim in Michigan:
- The deceased person’s spouse
- Children, including adult children
- Parents of the deceased
- Siblings
- Grandparents
- Anyone who was financially dependent on the deceased at the time of death
- Anyone entitled to inherit under the will or Michigan intestacy laws
This notice must be served within 30 days of filing the lawsuit or within a reasonable time thereafter, depending on the circumstances. Failing to provide notice can delay the case or result in disputes over the eventual distribution of damages.
If you received a notice, it does not guarantee compensation, but it does mean you may be eligible depending on your relationship to the deceased and the court’s decision.
Which Family Members May Receive Compensation?
While only the personal representative can file a wrongful death claim, multiple family members may be eligible to receive compensation from any settlement or jury award. The court evaluates each person’s relationship to the deceased, financial dependency, and overall involvement in the person’s life.
Compensation can cover a range of losses from emotional grief and loss of companionship to lost financial support and household services the deceased would have provided.
Michigan law gives priority to immediate family members, but others may be included depending on the facts of the case.
The table below outlines the categories of family members who may receive compensation in a Michigan wrongful death lawsuit:
| 👪 Family Member | ✅ Eligible for Compensation? | 💬 Notes |
|---|---|---|
| Spouse | ✅ Yes | Highest priority; often receives largest share |
| Children | ✅ Yes | Includes both minor and adult children |
| Parents | ✅ Yes | Especially if the deceased had no spouse or children |
| Siblings | ✅ Possibly | May receive a share if no closer relatives exist |
| Grandparents | ✅ Possibly | Considered if no spouse, children, or parents survive |
| Financial Dependents (non-family) | ✅ Possibly | Must prove actual dependency at time of death |
| Heirs Named in Will | ✅ Possibly | May be considered depending on estate distribution |
The probate court has final authority over how the settlement or verdict is divided. If the family cannot agree on how to split the compensation, the court will hold a hearing to determine a fair distribution.
Can a Minor or Distant Relative File a Wrongful Death Lawsuit?
In Michigan, only the personal representative of the estate can legally file a wrongful death lawsuit regardless of that person’s age or relationship to the deceased. This means that neither a minor child, a sibling, nor a distant relative can independently bring the case to court unless they are formally appointed as the estate’s representative through probate.
Even if someone is a rightful heir or emotionally close to the person who passed away, they still cannot initiate the claim unless they are authorized by the court to act as the estate’s representative.
That said, minors and distant relatives may still be eligible to receive compensation from a wrongful death settlement if:
They were financially dependent on the deceased, or
They are included in the estate’s legal distribution plan
If a minor is entitled to compensation, Michigan courts will often require a conservator or guardian to manage the funds until the child turns 18.
What Happens If There’s No Will or Named Representative?
If the deceased person didn’t leave a will or didn’t name someone to serve as personal representative, Michigan law allows eligible family members to petition the probate court to be appointed.
This is a critical step. No wrongful death lawsuit can be filed until someone is legally appointed to represent the estate. The court’s goal is to appoint someone trustworthy and close to the deceased, usually starting with a surviving spouse or adult child.
In cases of disagreement, multiple people may petition to be appointed, which can lead to delays or court hearings. If no one steps forward, the court may appoint a public administrator or third party to act as the estate’s representative.
The table below explains who may be appointed and how Michigan courts prioritize the process:
| 🧾 Potential Appointee | ✅ Can Be Appointed as PR? | ⚖️ How Courts View This Appointment |
|---|---|---|
| Surviving Spouse | ✅ Yes | Usually receives priority if willing and qualified |
| Adult Children | ✅ Yes | Considered if no spouse or if spouse declines |
| Parents | ✅ Yes | Often appointed if the deceased had no spouse or children |
| Siblings | ✅ Possibly | Considered when closer relatives are unavailable |
| Other Family Members | ✅ Possibly | Must show close relationship and good cause |
| Interested Party (non-family) | ✅ In rare cases | Requires court approval and justification |
| Public Administrator | ✅ Yes (as last resort) | Used when no family member steps forward or qualifies |
Once appointed, that person can then file the wrongful death lawsuit on behalf of the estate and notify all eligible family members.
Clark Insight: Helping Families Through the Probate & Legal Process
Filing a wrongful death lawsuit isn’t just about paperwork, it’s about navigating grief, probate court, legal deadlines, and tough decisions during one of the hardest moments in your life. Many families we work with have never dealt with the court system before. That’s why we handle these cases differently.
At The Clark Law Office, we walk clients through every step of the probate and legal process, from helping appoint a personal representative to making sure all eligible family members are treated fairly.
You won’t be handed off to a case manager or a call center. When you call us, you speak directly with Matthew R. Clark, the attorney who will personally handle your case from start to finish.
Whether you’re trying to figure out who can file or what your rights are as a surviving family member, we’re here to help you move forward with answers, support, and a plan.
Talk to a Michigan Wrongful Death Lawyer About Your Rights
If you’re unsure whether you have the right to file a wrongful death lawsuit or you’ve received a notice and don’t know what it means, the best next step is to talk to a lawyer who can explain your options in plain English.
At The Clark Law Office, we offer free, no-pressure consultations for families across Michigan. Whether you need help getting appointed as a personal representative, understanding your role in the case, or making sure your loved one’s story is heard, we’re ready to help.
We don’t pass your case off. We don’t rush decisions. And we don’t settle unless it’s right for your family. You’ll work directly with Matthew R. Clark, a wrongful death attorney who handles every case personally, not a case manager or junior associate.
Contact us today to find out how we can help you move forward after a tragic loss.
Questions About Filing a Wrongful Death Lawsuit
Who can legally file a wrongful death lawsuit in Michigan?
Only the personal representative of the deceased person’s estate can file the lawsuit. This individual is either named in the will or appointed by the probate court.
Can multiple family members file separate wrongful death claims?
No. Michigan law requires that all claims be combined into a single lawsuit filed by the estate’s representative. Family members can receive compensation but cannot file individual claims.
How do I become the personal representative if there’s no will?
You must file a petition with the local probate court. The court will decide who is best suited to represent the estate based on family relationship, interest in the case, and qualifications.
Do siblings or grandparents get compensation in wrongful death cases?
Possibly. If there’s no surviving spouse, child, or parent, siblings and grandparents may receive a share of the settlement — especially if they were financially dependent on the deceased.
Can a minor file a wrongful death claim in Michigan?
A minor cannot file the lawsuit directly. However, they may be entitled to compensation through the estate, and a conservator or guardian will be appointed to manage the funds.
What happens if no one steps up to file the claim?
If no family member is willing or able to act as the personal representative, the court may appoint a public administrator or other qualified individual to pursue the wrongful death case.