Probate Needed in Death of Minor?
I represent the parents of child killed in a car wreck. The liability carrier has tendered limits. Do I have to file a probate and have a parent appointed "Personal Representative" for the minor's estate?
Answer:You should not have to. The wrongful death action which you are settling is provided in 12 O.S. Sec. 1053. 12 O.S. Sec. 1054 provides: "In all cases where the residence of the party whose death has been caused as set forth in the preceding section of this articleis at the time of his death in any other state or territory, or when, being a resident of this state, no personal representative is or has been appointed, the action provided in the said section may be brought by the widow, or where there is no widow, by the next of kin of such deceased. The parents of the child will be the next-of-kin and can bring the action.
Posted on Thu, April 4, 2013
by Travis Law Office filed under