Families grieving the death of a loved one due to someone else’s negligence often have urgent questions in the immediate aftermath of a tragedy. One of the most common is who is legally permitted to file a wrongful death lawsuit in Michigan. Many assume that a spouse, child, or parent may file a claim right away. Michigan law, however, follows a specific legal structure that determines who may file a wrongful death action and how the case must proceed.

An important distinction should be made early in the process: the individual who files a wrongful death lawsuit is not necessarily the person who receives compensation. Michigan law separates the authority to file the claim from the right to share in any financial recovery. Failing to understand this distinction can result in delays, confusion, or disputes that complicate an already difficult situation.

Understanding how Michigan structures wrongful death claims helps families move forward with clarity while avoiding unnecessary legal complications during a time of grief.

Michigan Law Requires the Claim to Be Filed by the Estate

Under Michigan law, any wrongful death claim must be brought through the estate of the deceased person. Regardless of how many family members are affected by the loss, only one legal party may pursue the claim: the estate, acting through a court-appointed personal representative. Individual family members do not file separate wrongful death lawsuits in Michigan.

Michigan’s wrongful death statute intentionally centers the claim within the estate to promote order, consistency, and fairness throughout the legal process. By requiring a single filing entity—rather than allowing competing lawsuits or individual claims—the law avoids confusion over who controls the case and prevents disputes that could delay or complicate the proceedings.

Although the lawsuit is filed in the name of the estate, it is not brought solely for the estate’s benefit. Instead, the estate serves as the legal vehicle through which eligible family members pursue compensation for their individual losses. Any recovery is later distributed among qualifying beneficiaries, rather than being automatically awarded to the person who files the lawsuit.

Court oversight plays a critical role in this structure. Probate court involvement helps ensure that all eligible beneficiaries are properly identified, that the claim proceeds lawfully and ethically, and that any settlement or verdict is distributed fairly and transparently. This framework is a core component of Michigan wrongful death law and is explained in greater detail in our guide on Understanding Michigan Wrongful Death Claims.

The Role of the Personal Representative

Personal Representative’s Duties: How They Serve the Estate

In Michigan wrongful death cases, the personal representative plays a critical role in initiating and managing the legal claim on behalf of the deceased person’s estate. However, many families misunderstand what this role entails and, just as importantly, what authority it does not carry. Clarifying these responsibilities early helps prevent confusion, miscommunication, and unrealistic expectations among surviving family members.

Although the personal representative files and oversees the lawsuit, they do so under court supervision and within clearly defined legal boundaries. Understanding who the personal representative represents—and how that role functions—helps families navigate the process with greater clarity during an already difficult time.

Who Appoints the Personal Representative?

A personal representative is formally appointed by the probate court when an estate is opened. In some cases, the deceased may have named a personal representative in a valid will. If no will exists, the probate court appoints a qualified individual based on statutory priority and suitability.

In wrongful death cases, courts most commonly appoint:

• A surviving spouse
• An adult child
• A parent of the deceased

The court evaluates whether the proposed individual is capable of serving as a fiduciary and acting in the best interests of the estate and all eligible beneficiaries.

What Are the Duties of a Personal Representative?

Once appointed, a personal representative is authorized to:

• File the wrongful death lawsuit on behalf of the estate
• Work directly with legal counsel to pursue the claim
• Act as the legal representative of the estate throughout litigation

The personal representative ensures that the claim proceeds in compliance with Michigan law and applicable court rules.

What the Personal Representative Does Not Decide

A personal representative does not decide who receives compensation or how much each beneficiary is paid. Any settlement or verdict must be reviewed and approved by the probate court, which determines distribution in accordance with the law and the losses suffered by each eligible beneficiary. For a detailed explanation of how compensation is allocated among family members, see our guide on who receives compensation in a Michigan wrongful death case.

This court-supervised structure protects all parties involved and helps reduce disputes during an emotionally challenging period.

Can a Spouse, Child, or Parent File a Wrongful Death Lawsuit in Michigan?

An often-held belief in Michigan wrongful death cases is that a spouse, child, or parent may file a lawsuit directly in their own name. Under Michigan law, however, that is not how the process works. Any wrongful death claim must be filed through the deceased person’s estate, acting by and through a court-appointed personal representative. While close relatives are often involved as beneficiaries or may serve in that capacity, the legal authority to file the lawsuit rests with the estate, not with individual family members solely because of their relationship to the deceased.

That said, certain family members are more commonly appointed to serve as personal representative, depending on the circumstances:

• Spouse — When a surviving spouse exists, they are often the first person considered for appointment, particularly if named in a will.
• Adult Children — If there is no surviving spouse, one or more adult children may be appointed by the probate court to act on behalf of the estate.
• Parents — In more limited situations, parents may be appointed, such as when the deceased was unmarried and had no children.
• Siblings — In certain cases, siblings may be appointed by the probate court, particularly when there is no surviving spouse, child, or parent.

It is important to understand that being appointed personal representative does not determine who receives compensation or the amount any beneficiary may recover. Appointment grants authority to file and manage the lawsuit, but all compensation decisions remain subject to court oversight and are based on each eligible beneficiary’s losses under Michigan law.

What If There Is No Will or No Immediate Family?

Michigan law recognizes wrongful death claims even when there is no will or immediate family, as long as an estate is opened and a personal representative is appointed through probate.

When faced with such circumstances, Michigan probate courts turn to Michigan’s statutory priority rules to decide who may serve as personal representative for an estate. Depending on the specifics, this could include extended family members such as siblings or grandparents, or any other eligible individuals under Michigan probate law to serve as personal representatives; alternatively, a neutral third party may be appointed if no suitable family members can serve.

No matter who is appointed, the process remains consistent: a lawsuit filed by an estate, conducted under court supervision, and any recovery distributed only upon probate court approval. It ensures consistency among eligible beneficiaries while protecting individuals from competing claims—especially when dealing with complex family dynamics or nontraditional family structures.

Why Michigan Uses This Filing Structure

Michigan’s wrongful death filing structure is intended to bring order and fairness into an emotionally charged legal process. By mandating that only an estate file a lawsuit, Michigan law prevents multiple family members from making separate or competing claims arising from a single death, which would otherwise lead to conflicting lawsuits, inconsistent outcomes, and delays that would undermine any case brought before the court.

Centralizing claims through an estate can also help alleviate family disputes. The filing authority should be clearly established and monitored by the court so that disagreements over who controls the case don’t disrupt the legal process and decisions are guided by statute rather than emotion or internal family dynamics.

Importantly, this structure ensures that all eligible beneficiaries are treated fairly, that compensation decisions reflect actual losses, and that the integrity of the wrongful death process is preserved from its inception to completion.

Common Mistakes Families Make About Who Can File

Families facing a wrongful death often make understandable—but avoidable—mistakes about who has the legal authority to file a lawsuit in Michigan. These misunderstandings can delay a case or create unnecessary complications early in the process.

Assuming an immediate family member can automatically file

Many spouses, children, or parents believe they can file a wrongful death lawsuit in their own name. Under Michigan law, filing authority belongs to the estate—not individual family members—regardless of how close the relationship may be.

Delaying the opening of the estate

Because the wrongful death claim must be filed through the estate, waiting too long to open probate can slow investigations, allow evidence to be lost, and create problems with legal deadlines.

Confusing filing authority with compensation rights

Being appointed personal representative does not mean a person will receive more compensation. Filing authority and financial recovery are separate legal issues, and compensation is determined by the court based on each beneficiary’s loss.

Attempting to proceed without probate court involvement

Wrongful death claims cannot bypass probate court. Court oversight is required to ensure the case proceeds lawfully and that all eligible beneficiaries are treated fairly.

Michigan law also requires certain family members to receive formal notice early in the process, and missing these early steps can affect a person’s ability to participate later.

Talk With a Michigan Wrongful Death Attorney Before Filing

Questions about who should file a wrongful death lawsuit often arise during one of the most difficult moments a family will ever face. Because Michigan’s filing requirements are court-controlled and time-sensitive, early delays or missteps can create complications that are otherwise avoidable. Opening the estate, appointing the proper personal representative, and complying with probate requirements must all occur in the proper order for a claim to move forward.

Speaking with an attorney early can help protect your family’s rights and prevent confusion about filing authority versus compensation rights—two issues Michigan law treats very differently.

For a broader explanation of the legal framework governing these cases—including filing requirements, damages, and timelines—we encourage you to review our resources on wrongful death law in Michigan and how Michigan wrongful death claims work, which provide important context beyond the initial filing process.

For decades, the Law Office of John T. Alexander has helped Michigan families navigate wrongful death claims with clarity, care, and respect. If you have questions or would like to understand your options before taking the next step, contact our law office to speak with an attorney.

📞 Call 248-290-5600 for a free consultation
📍 Serving families throughout Michigan from our Bingham Farms law firm

There is no obligation and no attorney’s fee unless compensation is recovered.