How Long Do You Have to Sue an Estate?

When You Need to Sue an Estate

You’re entitled to compensation if you sustain an injury due to someone’s fault. Your quest for justice may hang by a thread if the at-fault party passes on before you obtain a settlement.

Although you cannot sue a deceased person, you can bring a lawsuit against their estate. The process of obtaining a settlement becomes complicated if the at-fault party had a split will or when a court probate is necessary.

Navigating the process is often easier when assisted by a trusted personal injury attorney who can provide legal counsel and understands the applicable timelines.

How Long Do You Have to File an Estate Claim?

You must file a claim against the deceased’s estate within six months of the first notice of published letters. After receiving the claim, the executor must review, approve, or deny it.

Even so, you may have an extended window if you do not receive a death notice. For instance, you may be eligible for a late claim if you miss a deadline because a family neglected to send death notices.

A personal injury attorney can provide legal support in checking probate court for due dates.

“I’ve dedicated my entire life to helping our clients receive full compensation for their injuries.”

Gary Burger

Personal Injury Attorney

How to Sue Against a Deceased Party’s Estate

Step 1: Obtain Death Notification

There are various ways to obtain information on the defendant’s death. Even so, you need paperwork to substantiate your claim. For instance, if you come across a death notification. Alternatively, you can obtain the information from probate proceeding documents to help file a timely claim.

Step 2: File a Claim

Present your claim in a probate court once you’ve obtained a death notification. Nonetheless, you must serve the claim to the estate representative.

Step 3: Argue Your Matter in Court

After filing the claim with a probate court, your attorney can present your case to the court officials. If you have a compelling case, you can obtain a judgment that awards you a settlement amount.

How a Personal Injury Attorney Can Help You When Suing a Deceased Estate

Filing a personal injury claim against the deceased’s estate involves understanding the applicable law. To obtain a positive outcome from the jury, you must prove your case through solid arguments supported by relevant evidence.

An experienced personal injury attorney can engage independent investigators or call an expert to the stand to prove fault or negligence. An attorney will also adhere to court rules and timelines, eliminating the possibility of losing a case on technicalities.

If you choose alternative dispute resolution, an attorney can draft a demand letter to the estate representative allowing mediation or arbitration.

Get Legal Help From an Experienced Personal Injury Attorney

You’ll endure a reduced quality of life if you sustain an injury due to someone’s fault. Therefore, you deserve representation from a highly skilled attorney with experience pursuing compensation for a deceased person’s estate.

Consider engaging an experienced lawyer from Burger Law with a track record of obtaining millions in settlement awards. Contact us online or at (314) 500-HURT for a free consultation.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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