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Glossary

Personal representative

The executor named in a will, or an administrator a court appoints, who manages a deceased person's estate. In some states this person files the wrongful death claim.

Last reviewed By the Editorial team 2 min read

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. A claim brought by family members or the estate when someone dies because of another person's wrongful act. Glossary claim covers the family's losses, and a Survival action. A claim the person who died could have brought if they had lived, such as for their medical bills and lost pay before death. It is usually brought for the estate. Glossary 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 explains each step.

Example#

Questions people ask

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

  1. Cornell LII Wex, Personal representative — executors and administrators
  2. New York State Senate, Estates, Powers and Trusts Law § 5-4.1 — who brings a New York wrongful death claim
  3. Texas Legislature, Civil Practice and Remedies Code chapter 71 — who brings a Texas wrongful death claim

Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.

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