ArticlesIn Alabama, only one person can file a wrongful death lawsuit: the personal representative of your loved one’s estate. Not the spouse as spouse, not the children as children, not the parents as parents, the personal representative, appointed by a probate court, filing on behalf of everyone who will share in the recovery. There is exactly one exception, for the parents of a minor child. Here is who qualifies, how the appointment works, and what happens when a family disagrees.
Who Can File in Alabama: At a Glance
- The rule: Only the estate’s personal representative may file (Ala. Code § 6-5-410)
- The exception: Parents may file directly within 6 months of a minor child’s death
- With a will: The named executor serves as personal representative
- Without a will: The probate court appoints an administrator, usually the spouse or an adult child
- Important: Filing does not mean a bigger share; the recovery divides among heirs by statute
The “Personal Representative” Rule
Alabama’s wrongful death statute gives the cause of action to the personal representative alone. The representative sues in a representative capacity: the case belongs, in practice, to the heirs, and the recovery passes directly to them under Alabama’s distribution statute, outside the estate and beyond the reach of the deceased’s creditors. Grief gives no one standing; the appointment does. That is why the probate step comes first in our guide to how to file a wrongful death lawsuit.
If Your Loved One Died With a Will
The will names an executor, and once the probate court issues letters testamentary, that executor is the personal representative with authority to bring the wrongful death claim. If the named executor is unable or unwilling to serve, the court appoints a successor, and the family’s case proceeds the same way.
If Your Loved One Died Without a Will
The probate court appoints an administrator, following a statutory priority that generally starts with the surviving spouse, then next of kin. The appointment usually takes a few weeks, we prepare the petition and advance the filing costs, and once letters of administration issue, the administrator can bring the claim. No will does not mean no case; it just means one extra form.
The Minor-Child Exception
When the person killed was a minor, Alabama law allows the child’s parents to file the wrongful death claim themselves within six months of the death, no estate, no probate appointment. If six months pass without a parent filing, the claim reverts to the personal-representative rule. For grieving parents, this exception removes a procedural burden at the worst moment of their lives, but the six-month window makes early legal advice essential.
What If the Family Disagrees About Who Should File?
It happens more than anyone admits: siblings at odds, second spouses and adult children with different lawyers, estranged parents. The probate court resolves who serves as personal representative using the statutory priority, and the answer matters less than families fear, because whoever files, the recovery still divides among the heirs according to Alabama’s distribution statute. The representative gets the responsibility, not a bigger share. When these disputes threaten the two-year deadline, courts can act quickly, and so do we.
Frequently Asked Questions
Can a sibling or parent file a wrongful death lawsuit in Alabama?
Only by becoming the personal representative of the estate, or, for a minor child’s death, as a parent filing within six months. Family relationship alone does not create standing; the probate appointment does.
Does the person who files get a larger share of the money?
No. The recovery is distributed among the heirs under Alabama’s intestate succession laws regardless of who served as personal representative. Filing is a role, not a reward.
How long does it take to be appointed personal representative?
Usually a few weeks in Alabama probate courts once the petition is filed. We prepare the paperwork and advance the costs, and the appointment runs alongside our investigation so no time is lost against the two-year deadline.
Not Sure Who Should File? Ask Us, For Free.
The Alabama wrongful death lawyers at Fob James Law Firm sort out the appointment, handle the probate step, and pursue the case on contingency, and our guides to how these lawsuits work and the filing deadlines cover the rest. Call (205) 407-6009 or contact us online.
Fob James, IV
Fob James obtained a B.S., in software engineering from Auburn University and then continued his education by getting his J.D. from Vanderbilt University School of Law. After working for a large national firm for several years, Fob found that his passion was fighting for individuals who have been seriously injured or wronged by others. Fob believes that the jury is the great equalizer to the power and influence that large corporations have in society. Many of Fob’s cases are high profile and have been featured in, among others: Bloomberg News, PlanAdvisor, AL.com, PlanSponsor, InsuranceJournal, and BusinessInsider. For his work in obtaining numerous multi-million dollar outcomes for his clients, Fob has been recognized by: National Trial Lawyers Top 100, SuperLawyers Rising Star (2020-2025), Birmingham Business Journal Who’s Who in Law (2023-2025), and TrustAnalytica – Top Personal Injury Lawyers in Alabama.