# Personal representative

> A personal representative is the executor or court-appointed administrator of an estate. See when this person brings a wrongful death claim after a crash.

Canonical page: https://accidentclaimfacts.com/glossary/personal-representative/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

A personal representative is the person who manages a deceased person's estate: the executor named in a will, or an administrator a court appoints when there is no will or no executor. In some states this person files the wrongful death claim.

## In a car accident claim

After a fatal crash, two kinds of claims may arise. A wrongful death claim covers the family's losses, and a survival action covers the claim the person had before they died, which usually belongs to the estate. Who brings them depends on the state.

In New York, only the personal representative of the estate may bring a wrongful death claim, for the benefit of the family members who inherit under state law, so opening the estate is often the first legal step. In Texas, the surviving spouse, children and parents bring the claim themselves; if none of them sues within 3 months of the death, the executor or administrator must bring it unless all of them ask otherwise. A court often has to approve a settlement, and the money is divided under state law, not kept by the representative. Our guide to [wrongful death](https://accidentclaimfacts.com/injuries/wrongful-death/) explains each step.

## Example

> **Example:** A man dies in a crash in New York without a will. His wife asks the Surrogate's Court to appoint her administrator of his estate. Once appointed, she brings the wrongful death claim for the family members entitled to share in it.

## Related terms

- [Wrongful death](https://accidentclaimfacts.com/glossary/wrongful-death/)
- [Survival action](https://accidentclaimfacts.com/glossary/survival-action/)
- [Guardian ad litem](https://accidentclaimfacts.com/glossary/guardian-ad-litem/)

## FAQ

### Is a personal representative the same as an executor?

An executor is one kind of personal representative: the person named in a will. If there is no will, or the named person cannot serve, a court appoints an administrator, who is also a personal representative.

### Does the personal representative keep the wrongful death money?

No. They bring the claim for the people the law names, such as a spouse and children, and the money is divided under state law or the court's order.

## Sources

- [Cornell LII Wex, Personal representative](https://www.law.cornell.edu/wex/personal_representative) — executors and administrators
- [New York State Senate, Estates, Powers and Trusts Law § 5-4.1](https://www.nysenate.gov/legislation/laws/EPT/5-4.1) — who brings a New York wrongful death claim
- [Texas Legislature, Civil Practice and Remedies Code chapter 71](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm) — who brings a Texas wrongful death claim