After losing a loved one because of someone else’s wrongful conduct, the last thing your family should have to sort out is who has the right to bring the case. In New Jersey, the person who files a wrongful death lawsuit is not always the same person who ultimately receives compensation.
That distinction can affect how the case begins and who must act on behalf of the family. Below, Beninato & Matrafajlo Attorneys at Law, LLC explains who can file an East Brunswick wrongful death claim, who may receive compensation, and how a lawyer can guide the family through the process.
Under N.J.S.A. § 2A:31-2, a wrongful death lawsuit cannot be filed by just any relative. It must be brought by the estate representative authorized to act under New Jersey law.
If the deceased person died without a will, the action is generally brought by an administrator or administrator ad prosequendum. If there is a probated will, the executor named in the will generally brings the action. If no executor is available to serve, the court may appoint another estate representative to bring the case.
You therefore do not automatically have authority to sue because you are the surviving spouse, an adult child, a parent, or another relative. You may be entitled to benefit from the recovery while someone else serves as the named plaintiff.
An administrator ad prosequendum is a person appointed to bring a wrongful death case when there is no executor acting under a probated will. Under N.J.S.A. § 3B:10-11, the Surrogate’s Court or Superior Court can make that appointment. The role gives the person authority to pursue the lawsuit, but it does not make that person the sole beneficiary of any recovery.
When the deceased person left a probated will, N.J.S.A. § 2A:31-2 generally allows the executor named in the will to bring the wrongful death lawsuit. If that executor cannot or does not serve, the court may appoint another estate representative to file the case.
The will can determine who has authority to bring the lawsuit, but it does not necessarily determine who receives the wrongful death recovery. Those are separate questions under New Jersey law. If there is a dispute over who should represent the estate, the court may need to resolve that issue before the wrongful death case can proceed.
N.J.S.A. § 2A:31-2 can prevent a wrongful death case from being dismissed simply because the person who filed had not yet been formally appointed to represent the estate. If that person was otherwise qualified to serve, the court may allow the appointment to be completed and the lawsuit to continue from its original filing date.
The person who files the wrongful death lawsuit does not necessarily receive the compensation personally. Under N.J.S.A. § 2A:31-4, the recovery goes to family members entitled to inherit under New Jersey law. Depending on the family, that may include a surviving spouse, civil union partner, domestic partner, children or other descendants, parents, or other relatives.
The amount each person receives can depend on the family structure and how much each beneficiary relied on the deceased person for financial support. When there is a spouse and descendant that survive the decedent, N.J.S.A. § 2A:31-4 provides for equal proportions for purposes of the wrongful death recovery.
If an administrator ad prosequendum brings the wrongful death case, N.J.S.A. § 2A:31-6 does not allow that person to personally receive the settlement or judgment. The money must instead be paid to the estate’s general administrator, who receives it for distribution to the people entitled to the recovery and must have the required bond in place to protect them.
For an East Brunswick family, questions include whether the deceased person had a valid will, whether it has been probated, whether an estate representative has been appointed, and which relatives qualify as beneficiaries. Those facts help determine who has legal authority to bring the action.
If you lost a loved one because of wrongful conduct in East Brunswick, Beninato & Matrafajlo Attorneys at Law, LLC can determine who has authority to bring the case, identify the family members entitled to compensation, and fight to hold the responsible party accountable for the losses caused by the death. The firm has recovered more than $100 million for New Jersey injury victims and was named a Top 10 Personal Injury Law Firm for 2026 by Attorney and Practice Magazine. Managing member Dan T. Matrafajlo was also selected to America’s Top 100 High Stakes Litigators for 2025. Call (732) 795-5679 or reach out to us online for a consultation with an East Brunswick wrongful death lawyer.