Can a sibling be the personal representative?
The only person who can file a wrongful death lawsuit under North Carolina law is the personal representative of the victim’s estate. This person is typically either named in the deceased’s will or appointed by the court. If a sibling serves as the personal representative, they may file a claim, but the nature of their relationship to the victim itself does not entitle them to do so.
While a sibling cannot bring the claim unless they are the personal representative, they may still benefit from the outcome if they are a legal heir. Any compensation recovered in a wrongful death lawsuit is distributed according to North Carolina’s intestate succession laws. If the victim had no surviving spouse, children, or parents, siblings may be among the next in line to receive a share of the recovery. If the decedent had no will, the NCGS § 29-13, the intestacy statute, will govern the distribution of the proceeds.
