Families who have lost a loved one due to negligence face two legal challenges: pursuing justice and managing an estate. In these instances, two distinct practice areas at Roman & Boock come into play — but their exact relationship depends on state law. 

Read on to discover how wrongful death and probate lawyers relate by state. 

The Role of Wrongful Death vs Probate Lawyers

Though both probate and wrongful death lawyers assist families after a loss, each plays a unique role in the broader legal process. 

A probate attorney administers assets within an estate after someone passes away, whether due to negligence or otherwise. An attorney at a probate law firm near you will generally: 

• Manage wills and trusts.
• Settle debts and taxes. 
• File necessary paperwork.
• Navigate estate court procedures.
• Oversee final asset distribution.

In contrast, a wrongful death attorney fights for compensation on behalf of families when a death occurs due to negligence. An attorney at a wrongful death law firm near you will generally:

• Investigate the circumstances of the death.
• Gather applicable evidence.
• Build a case for damages. 
• Negotiate with insurance companies.
• Represent the family in court. 
• Maximize compensation. 

Despite their differences, both roles are essential — the same individual’s death can trigger both processes simultaneously. 

The Relationship by State 

The relationship between wrongful death lawyers and probate lawyers depends on the state. For example, Roman & Boock practices in Missouri and Illinois, which have two different approaches to wrongful death and probate matters. 

Missouri 

In Missouri, state law sets a clear order for who can file a wrongful death claim. Under Missouri statute §537.080, beneficiaries are divided into three classes: 

• Class 1: The surviving spouse, children or parents have the first right to file a wrongful death lawsuit.
  
• Class 2: If no class 1 beneficiaries exist or they decline to file, the right passes to siblings or their descendants.
  
• Class 3: In the absence of both class 1 or class 2 beneficiaries, the court may appoint a plaintiff ad litem to pursue the claim. This representative is often a more distant relative, such as an aunt, uncle or cousin.

When multiple members of the same class want to pursue a case, they must create their own distribution plan. In the event that they cannot agree, the court will intervene with an impartial decision. 

Probate lawyers guide families through a separate legal process in Missouri. This means that the distribution of estate funds is independent of wrongful death recovery — following either the terms of the deceased’s will or Missouri’s intestacy laws.

Illinois 

In Illinois, probate and wrongful death cases are connected from beginning to end. In fact, Illinois law dictates that a probate case must be opened before a wrongful death lawsuit begins.

Through the probate process, the court appoints a personal representative for the estate. This representative is the only one with legal authority to file a wrongful death claim on behalf of the deceased and their beneficiaries. 

Any compensation recovered from a wrongful death claim ultimately flows back into the estate. Before beneficiaries receive their share, the probate court must ensure that outstanding debts are paid and an appropriate distribution plan is in place. 

Because these legal matters are interdependent, wrongful death and probate attorneys practicing in Illinois must work together to: 

• Share information and documentation. 
• Coordinate case timelines.
• Create a distribution plan for assets and compensation. 

The Advantage of Roman & Boock 

Whether your cases are connected or separate, working with a multidisciplinary law firm gives you an advantage. Roman & Boock brings probate and wrongful death lawyers under one roof to ensure no detail is overlooked and every legal step aligns. 

The wrongful death and probate lawyers at Roman & Boock will:

• Create open communication. 
• Inspire unified legal strategies. 
• Protect the rights of heirs.
• Ensure proper asset allocation.
• Speed up legal resolution.
• Fight for maximum compensation. 

Hiring a wrongful death and probate law firm near you will provide you with peace of mind during a difficult time. To start your case today, contact Roman & Boock online or call us at 314.754.1500.