Why does a Florida wrongful death lawsuit require opening a formal probate estate?

A formal probate estate must be opened because Florida law strictly limits standing to pursue a wrongful death action. Under Fla. Stat. § 768.20, only the court-appointed personal representative of the decedent's estate holds legal authority to initiate litigation, negotiate with insurers, and sign settlement releases on behalf of all beneficiaries. Even when individual family members are the sole recipients of settlement proceeds, a probate judge must issue Letters of Administration appointing the representative before proceedings move forward. Jeffrey S. Altman and The Altman Law Firm work alongside probate practitioners to ensure the representative is established to advance the litigation.