This article was co-authored by Breanna Alexander, Associate, Sarah Kellerman, Managing Director of Staff and Amber Wolfe, Settlement Lead.

When a loved one passes away, dealing with legal matters is the last thing anyone wants to worry about. But if that person was involved in a Mass Tort case—such as a lawsuit involving a dangerous drug, defective medical device, or toxic exposure—probate becomes an important step before any settlement money can be released.

Let's break it down.

What Is Probate?

Probate is the legal process that happens after someone passes away to make sure their affairs are handled properly. During probate, the court:

• Confirms whether there is a valid will
• Identifies and manages the person's assets
• Makes sure any debts and taxes are paid
• Distributes what's left to the person's heirs or beneficiaries

Even if someone passes away without a will, probate still happens. In that case, the court follows state laws to decide who receives their property.

If the person had a pending Mass Tort claim, that claim becomes part of their estate. Before any settlement money can be paid out, the estate must go through probate, and someone must be appointed to handle it.

Because probate laws vary greatly from state to state, it's important to work with a local probate attorney who understands the specific rules and requirements in your area. This ensures the process goes as smoothly and quickly as possible for your family. It is outside Wagstaff Law Firm's scope to represent clients in probate proceedings.

Last Will & Testament vs. Probate Documentation

Understanding the difference between these two is important for planning ahead and handling an estate:

• Last Will & Testament – A legal document created while a person is living that outlines how they want their assets distributed and who should care for any dependents after their death. It usually names an executor to manage the estate and ensures their wishes are followed.
• Probate Documentation – Official documents issued by the court after someone passes away — such as Letters Testamentary, Letters of Administration, Letters of Qualification, or Letters of Authority (terminology varies by state) — grant the named executor or personal representative legal authority to access assets, pay debts, and handle all legal matters related to the estate, including any settlements. Please note that being named as an executor does not necessarily mean that the individual is entitled to receive the entirety of the settlement funds. Their role is to carry out the wishes of the deceased as outlined in the will, or, if there is no will, according to state succession laws.

Why Probate Matters in Mass Tort Cases

Many people assume a lawsuit will automatically continue after someone dies—but that's not the case.

• The court requires an official estate representative (executor or administrator) to take over the case
• Without this appointment, the case can stall and delay compensation for the family
• In every settlement, the defendant requires a “valid” signature on the release form before they will pay out any funds.
• If the claimant has passed away, the person signing on their behalf must have legal authority issued by the probate court (such as Letters Testamentary or Letters of Administration).
• Some defendants are very strict and will not accept a signature from anyone unless proper probate documentation is on file. Without this authority, the release cannot be accepted, and settlement funds cannot be distributed.

What Makes a Probate Document Valid for Legal Authority

For a probate document to be accepted as proof of legal authority, it typically must include:

• Ajudge's signature and an official court seal or stamp
• An issuance date from the court
• No expiration date, or an expiration date that has not yet passed
• The name of a court-appointed executor/trix, administrator/trix, personal representative, or fiduciary
• In some cases, more than one person may be appointed to serve in this role

Having a complete and valid probate document is essential for moving forward with any settlement on behalf of a deceased claimant.

Wrongful Death vs. Personal Injury

Understanding the difference between these two types of claims is important in mass tort cases:

• Wrongful Death – The claimant (plaintiff) passed away due to a defective product, toxic exposure, harmful pharmaceutical, or other harmful action caused by the defendant.
  • At Wagstaff, a claimant is typically classified as Wrongful Death when the alleged injury matches the cause of death listed on the Death Certificate.
• Personal Injury – The claimant (plaintiff) suffered harm from a defective product, toxic exposure, harmful pharmaceutical, or other harmful action, but is still living at the time of the claim, or their alleged injury is not listed as a cause of death on the death certificate.

Reasons Why Probate May NOT be Necessary

Some types of property can transfer directly to others without going through probate, which can save time and stress for your loved ones. These include:

• Joint Ownership – Assets held in joint tenancy automatically pass to the surviving owner.
• Beneficiary Designations – Accounts with named beneficiaries (like life insurance or retirement accounts) go directly to those individuals.
• Trusts – Property placed in a trust is distributed according to the terms outlined in the trust and does not go through probate. However, for a trust to govern the distribution of settlement funds, the settlement must be explicitly identified as an asset within the trust. If the settlement is not listed as a trust asset, additional probate documentation will be required.
• Small Estates – Many states offer simplified probate or even exemptions for smaller estates. Each state sets its own dollar limit for what qualifies as a small estate, which can affect whether a simplified probate process is available.
• Transfer on Death (TOD) Deeds – Certain property can be passed directly to beneficiaries through TOD deeds.
• Community Property – In some states, community property laws allow a surviving spouse to inherit automatically.
• Payable on Death (POD) Accounts – Bank accounts with POD designations transfer directly to the named beneficiary.

How Probate Affects Families

Probate also determines how settlement money is divided:

• Debts must often be paid first
• If there's no will, the state decides how the money is split based on intestate succession laws
• This can lead to confusion, conflict, and frustration for grieving families

Having a lawyer who understands probate law in your state can help keep the process on track and prevent unnecessary delays.

Why It Matters for Living Clients Too

Probate isn't just something to think about after someone passes away. If you are currently involved in a Mass Tort case, planning ahead can protect your family. You can plan ahead by:

• Creating a will that clearly states who should receive your settlement
• Name a trusted person to handle your affairs
• Without a plan, state law (not your wishes) will decide who gets your settlement money
• To ensure that your family can access your medical records if you pass away before your claim is settled, it is important to complete the necessary paperwork at each medical facility where you receive care. These forms authorize a trusted person to access your records and help your family navigate the claims process smoothly in the event of your passing. Taking this step now can prevent delays and complications later.

Making the Process Smoother

While probate might sound complicated, its goal is simple: to make sure things are handled fairly and legally.

Whether you are pursuing a Mass Tort case yourself or managing the estate of someone who has passed, understanding probate is key. With the right attorney by your side, your case can move forward smoothly, and any settlement money can be protected for the people who need it most.