Probate Court Approval: A Key Step in Wrongful Death Settlements

After a wrongful death settlement is reached—whether through litigation or negotiation—there’s one final and critical step: probate court approval.

In Michigan, any wrongful death recovery must go through the decedent’s probate estate. This means the appointed personal representative must file a petition with the court asking for approval of the settlement terms. That petition must include details such as:

• Who is entitled to compensation
• Their relationship to the deceased
• Expenses related to medical care, burial, or funeral arrangements
• Attorney fees associated with the claim

The court will notify all interested parties and allow time for objections. If none are filed and the petition meets all legal standards, the court will approve the settlement and allow the personal representative to distribute the funds.

Learn more on how to navigate wrongful death claims here.

The process can be daunting, especially in a time of grief. Let the Ann Arbor probate litigation lawyers at Pear Sperling Eggan & Daniels, P.C. guide you through the process with skill, compassion, and respect for your family’s loss.

What Happens to a Wrongful Death Claim During Probate?

Losing a loved one due to someone else's negligence is a devastating experience. In addition to the emotional toll, many families are surprised to learn that any wrongful death claim must be handled through the deceased’s probate estate—regardless of whether the individual had a Will or a Trust.

The first step is to open a probate estate in the appropriate court, usually where the person lived at the time of death. A personal representative is then appointed to handle all legal matters on behalf of the estate, including pursuing or settling a wrongful death claim.

Even when a settlement is reached outside of court, the probate court must approve the terms before any compensation can be distributed. This includes submitting a petition detailing who is entitled to compensation, their relationship to the deceased, and related expenses like funeral costs or medical bills.

Learn more on how to navigate wrongful death claims here.

Navigating these legal steps while grieving can feel overwhelming. That’s why our Ann Arbor probate litigation lawyers at Pear Sperling Eggan & Daniels, P.C. are here to help. We provide compassionate, knowledgeable support to families throughout every stage of a wrongful death claim.