Personal Representative

A personal representative is the person legally authorized to act on behalf of someone who has died, or their estate. Courts appoint this person, sometimes called an executor or administrator, to manage the estate, including bringing lawsuits the deceased could have filed. In asbestos cases, the personal representative is usually the one who files a wrongful death or survival claim.

Origin

The role descends from English probate law, where executors and administrators managed a deceased person's estate. "Personal representative" is the modern umbrella term used in most state probate codes and wrongful death statutes.

Significance in Asbestos Context

When a person with mesothelioma or another asbestos disease dies, their legal claims don't necessarily die with them. A personal representative, often a spouse or adult child named in a will or appointed by the probate court, steps in to pursue survival and wrongful death claims. Formal appointment is a required step before the case can move forward, so families should start probate early. The appointment paperwork, called letters testamentary or letters of administration, is what proves the authority to sue.

Example Sentence

After her husband passed, she was appointed personal representative of his estate so she could continue his mesothelioma lawsuit.

Related Terms

Wrongful Death Claim, Survival Action, Estate, Probate, Statute of Limitations

Notes

• If a loved one has died, ask the attorney whether probate must be opened before the claim can proceed.
• Locate the will and any estate documents; they often name the intended representative.
• Act promptly, since wrongful death claims have filing deadlines that run from the date of death.