Approval of

Wrongful Death

Settlement

Wrongful death refers to causes of action which allege that the victim died as a result of the negligent conduct or misdeeds of another.

These claims commonly arise as a result of auto accidents, personal injury accidents, professional malpractice, workplace accidents, mesothelioma, dangerous or defective products, or other negligent or the intentional actions of others.

While this type of claim is not tried in the Probate Court, the approval of the settlement and then the allocation and distribution of the proceeds of the claim or litigation is within this Court’s jurisdiction for a decedent who died a resident of Shelby County.  The application to settle a claim for wrongful death and the apportionment of the proceeds are two distinct matters for which the Court may require separate hearings.  

Signed Waivers and Consents to the proposed distribution must be filed from all interested parties, or a hearing and service of notice upon those not waiving will be required.

Attorney fees for the completion of the probate proceeding required in connection with the approval of the settlement of a wrongful death claim shall be paid from the allowed contingent attorney fee.

Items necessary to file an Application to Approve a Wrongful Death Settlement:

  • Full Adminisration Estate must already be established;
    • See the Court’s Full Administration Checklist found below;
    • Application to Approve Settlement is filed within the pending estate case (not a separate action);
  • Complete the items outlined in the Approval of Wrongful Death Settlement Checklist found below;
  • The Application cost will be charged to the estate case; a separate deposit is not required.

Standard Probate Forms

For all Standard Probate Forms  click here.

For Checklists and Forms exclusive to Shelby County Probate Court, see the forms section below.

COURT FORMS

Approval of Wrongful Death Settlement Checklist

Full Administration Estate Checklist

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