What Is the Role of an Estate Representative in an Illinois Wrongful Death Case?

 Posted on October 07, 2025 in Wrongful Death

If you lost a loved one because of someone else’s negligence, you have the right to compensation through a wrongful death claim. However, not just anyone can file it. The person who does must be the estate representative. This is someone who speaks for the deceased person and their family in court. This person makes sure the lawsuit is handled properly and that any money recovered is shared fairly. Our Chicago, IL wrongful death lawyers guide estate representatives and families through the process with care and experience.

Who Can Serve as an Estate Representative in Illinois?

The estate representative is sometimes called the personal representative or executor. They are usually named in the person’s will. If there is no will, the probate court picks someone to fill that role. According to Section 9-1 of the Illinois Probate Act, the court often chooses a surviving spouse, adult child, or another close relative.

The person entrusted with this role must handle the financial and legal matters of the estate, including filing a wrongful death claim. They must also act honestly and in the best interests of all family members who could benefit.

Responsibilities of the Estate Representative in an Illinois Wrongful Death Claim

The estate representative has several jobs during a wrongful death case:

• Hiring an experienced wrongful death attorney to handle the claim

• Filing the lawsuit in court under the Illinois Wrongful Death Act

• Gathering key evidence like medical records, police reports, and witness statements

• Communicating with family members and keeping them updated on the case

• Working with insurance companies and attorneys during settlement talks

• Meeting the filing deadline under 735 ILCS 5/13-209

• Distributing settlement funds fairly and following all court orders

Being an estate representative is an important job. It requires organization, honesty, and a sense of fairness.

How Are Damages Distributed After a Settlement or Verdict in a Wrongful Death Case?

When a wrongful death case ends in a settlement or verdict, the money awarded is meant for the surviving spouse and close family members. The money is divided based on how much each person depended on the deceased and what kind of loss they suffered.

These damages can include coverage for funeral costs, lost income, emotional pain, and loss of companionship. The estate representative makes sure the money is distributed correctly and that the court’s orders are followed. If any disagreements come up, the court will review the situation and decide what is fair.

In addition to a wrongful death claim, the estate representative may also bring a survival action under 755 ILCS 5/27-6. This covers the losses the deceased person suffered before death, such as medical bills, lost wages, or pain and suffering. Unlike wrongful death damages, survival action damages go to the estate instead of the family. They are then distributed according to the will or Illinois inheritance laws. Many cases involve both types of claims, and the estate representative helps ensure each is handled properly.

Schedule a Free Consultation With a Chicago, IL Wrongful Death Attorney Today

With over 28 years of experience, Winters Salzetta O'Brien & Richardson, LLC has a team of skilled attorneys who work together on every case. Our partners stay involved from start to finish to give you personal attention and reliable guidance. Over the decades, we have earned a strong reputation for outstanding results in personal injury and wrongful death cases.

Our Chicago, IL wrongful death lawyers are ready to guide you with care and experience. Contact us today at 312-236-6324 to schedule a free consultation.