Can You File a Wrongful Death Claim Without a Will?

If someone you love passed away due to another person’s negligence—and they didn’t leave a will—you may be wondering: Can we still file a wrongful death lawsuit? The answer is yes. New Jersey law allows family members to pursue a claim, even if the deceased didn’t formally name an executor.

But there’s a process. Someone must be legally appointed by the court to act on behalf of the estate before a claim can be filed. That person is known as the administrator. If you’re trying to understand who can file, how it works without a will, and what happens next, this guide is for you.

At Rosengard Law Group, we help families handle wrongful death claims from start to finish—including when there’s no will in place. Here’s what to know.

Who Has the Right to File a Wrongful Death Lawsuit in NJ?

When There Is a Will (Executor)

If the deceased had a will, that document typically names an executor—the person responsible for managing the estate and filing any legal claims, including a wrongful death lawsuit. This person files on behalf of the surviving family members who are eligible to receive compensation.

When There Is No Will (Administrator)

If there’s no will, no executor has been named. In this case, the court must appoint an administrator to take legal action. This person plays the same role as an executor—they handle estate matters and have the legal authority to file a wrongful death claim.

The court issues what’s known as Letters of Administration to make the appointment official. Only after that happens can the wrongful death lawsuit be filed on behalf of the family.

How the Court Appoints an Administrator

If your loved one died without a will in New Jersey, the first legal step is to ask the court to appoint an administrator. This person is given the authority to handle the estate and file a wrongful death lawsuit on behalf of the family.

Filing for Administration Rights

To become the administrator, you’ll need to apply through the Surrogate’s Court in the county where the deceased lived. The process is generally straightforward but does require proper documentation. You’ll typically need:

• The death certificate
• Identification documents
• A list of immediate family members
• A completed application form for administration

Once approved, the court will issue Letters of Administration, giving you legal authority to act on behalf of the estate—including the power to file a wrongful death claim.

Priority Rules for Appointment

New Jersey follows an order of priority when choosing who may serve as administrator if there are multiple surviving relatives. Preference is typically given in the following order:

• Surviving spouse or civil union partner
• Adult children
• Parents of the deceased
• Siblings or other close relatives

If there is disagreement among family members, the court may either choose the most appropriate person or appoint co-administrators. Disputes can delay the process—so it’s best to work cooperatively or consult a New Jersey wrongful death lawyer early on.

What If Multiple Family Members Want to File?

When a loved one dies without a will, it’s common for more than one family member to feel they should take the lead in filing the wrongful death claim. This can lead to confusion—or even disputes—over who has the legal right to move forward.

Resolving Disputes Over Control of the Case

If two or more relatives want to be the administrator, the Surrogate’s Court will consider:

• Each person’s relationship to the deceased
• Whether they have equal legal standing (e.g., multiple adult children)
• Who is best suited to manage the legal process fairly and responsibly

The court may appoint a single administrator or name co-administrators who must work together. In some cases, the court may require a neutral third party to serve. If there’s a conflict, Rosengard Law Group can help facilitate agreement or petition the court on your behalf.

Who Actually Receives the Compensation?

It’s important to understand that the administrator doesn’t “own” the settlement. Their role is to file the lawsuit and handle the legal process—but the money goes to the surviving family members who were legally entitled to receive it.

In the absence of a will, New Jersey’s intestate succession laws determine who gets compensated and how much. That might include a surviving spouse, children, parents, or other dependents. The administrator is simply responsible for ensuring that the funds are distributed properly once the case is resolved.

Step-by-Step: How to Proceed With a Wrongful Death Claim Without a Will

If your loved one died without a will, here’s exactly how to move forward with a wrongful death claim in New Jersey. The process is manageable when you have the right legal guidance—and it starts with becoming the estate’s legal representative.

Step 1 – Apply to Become Administrator

Go to the county Surrogate’s Court where your loved one lived. File a petition for Letters of Administration and provide the necessary documents, including the death certificate. If multiple relatives are involved, be prepared to show why you’re the best person to serve—or work with them to agree on co-administration.

Step 2 – Hire an Attorney to File the Claim

Once you’re appointed administrator, you have the legal authority to hire a wrongful death attorney. At Rosengard Law Group, we begin immediately with a full investigation, identifying liable parties and preserving evidence.

Step 3 – Build and File the Wrongful Death Lawsuit

Your attorney will draft a complaint, file it with the court, and serve it to the responsible party. This begins the formal litigation process, including discovery, negotiations, and potentially a trial if a fair settlement isn’t reached.

Step 4 – Settle or Litigate and Distribute Funds

Once the case is resolved—either through settlement or trial—the administrator works with the attorney to distribute the proceeds. New Jersey intestate succession laws determine who receives compensation and how it’s divided. If needed, we coordinate with the Surrogate’s Court to finalize distribution properly.

How Rosengard Law Group Helps Families Without a Will

Dealing with the death of a loved one is hard enough. When there’s no will in place, things can feel even more overwhelming. That’s why we guide you through every step—from the moment you call us to the moment compensation is distributed.

We Guide You Through the Court Process

We help you apply for Letters of Administration, file in the correct Surrogate’s Court, and gather any documents needed to move your case forward. If multiple family members are involved, we assist with communication, legal filings, or petitions to resolve disputes fairly.

We Protect Everyone’s Rights

Wrongful death cases without a will can get complicated—especially when large settlements are involved. We make sure your loved one’s estate is handled with respect, and that compensation goes to the rightful beneficiaries according to New Jersey law. Our team stays transparent, fair, and focused on your family’s best interests from start to finish.

If you’re unsure how to begin—or just need help understanding your options—contact Rosengard Law Group. We’ll give you clear answers, and we won’t charge you a dime unless we win your case.

FAQs – Filing a Wrongful Death Claim Without a Will

Can you sue for wrongful death if the person didn’t have a will?

Yes. You do not need a will to file a wrongful death lawsuit in New Jersey. The court can appoint an administrator to represent the estate and pursue the claim on behalf of eligible family members.

Who gets to file the lawsuit without a will?

The person appointed by the Surrogate’s Court as the estate administrator has the legal right to file the lawsuit. This is usually a surviving spouse, adult child, or parent.

What if two family members both want to file?

The Surrogate’s Court decides who should be appointed as administrator. If both parties are eligible, the court may choose one or allow co-administrators. Disagreements can be resolved through legal filings or mediation.

Does the administrator get to keep the money?

No. The administrator controls the legal process but does not keep the compensation. The funds are distributed to the eligible surviving family members, based on New Jersey intestate succession laws.

How is the settlement divided without a will?

If there is no will, New Jersey law determines who gets what. Typically, surviving spouses and children have first priority. If there are no immediate family members, parents, siblings, or other dependents may receive a share of the settlement.

Final Thoughts – No Will? You Still Have Legal Options

If your loved one passed away without a will, you can still pursue justice through a wrongful death lawsuit in New Jersey. It may take an extra step to get started, but the law is on your side—and so are we.

At Rosengard Law Group, we help families navigate the legal system with clarity and confidence. Whether you’re applying to be an administrator or facing delays due to family disputes, we’ll guide you through the entire process and protect your rights every step of the way.

Need more background on how the appointment process works? Visit the official New Jersey Surrogate’s Court Guide for probate and administration information.

Then contact Rosengard Law Group to schedule your free consultation. We’ll help you take the next step—quickly, legally, and without confusion. No will? No problem. We’ll get it done the right way.