In many situations, yes. Before a wrongful death lawsuit can move forward, someone generally must be appointed as the personal representative of the deceased person’s estate. This appointment typically occurs through the probate process in North Carolina.
Once appointed, the personal representative acts on behalf of the deceased person’s estate when filing the wrongful death action. Although the lawsuit involves the estate, any compensation recovered through a successful claim is generally distributed according to North Carolina’s wrongful death statutes and intestate succession laws instead of becoming part of the probate estate available to creditors.