Why is opening a probate estate necessary to pursue a wrongful death claim in Florida?

Under Fla. Stat. § 768.20, only the court-appointed personal representative of a decedent's estate possesses legal standing to file a wrongful death action in Florida. Even when surviving relatives are the ultimate beneficiaries of any settlement, probate court intervention is required. Establishing legal standing requires: 1. Filing a petition for administration in the appropriate Florida circuit court. 2. Submitting the will or establishing intestate priority. 3. Securing Letters of Administration from the probate judge authorizing legal action. The Altman Law Firm coordinates these necessary probate steps to ensure wrongful death claims are filed properly and timely.