Can an Estate Sue Someone in New York?

New York provides two legal pathways. EPTL §5-4.1 governs wrongful death claims, allowing the estate’s personal representative to sue for losses suffered by the decedent’s distributees (spouse, children, dependents). EPTL §11-3.2 governs survival actions, which continue causes of action the deceased person had while alive — such as personal injury or property damage claims.

Only the personal representative of the estate — an executor named in the will or an administrator appointed by the Surrogate’s Court — has legal standing to bring suit on behalf of the estate in New York. Family members cannot sue individually under the wrongful death statute; the claim must be filed by the representative for the benefit of distributees.

Wrongful death claims under EPTL §5-4.1 must be filed within two years of the date of death. Survival actions under EPTL §11-3.2 are generally subject to the same statute of limitations that would have applied to the underlying claim during the decedent’s lifetime. Missing either deadline typically bars the claim permanently.

In a wrongful death action, the estate can seek damages for the distributees’ pecuniary losses — lost financial support, loss of services, and funeral expenses. A survival action can recover damages the deceased person suffered before death, including pain and suffering and medical expenses incurred prior to death. The two claims are often filed together to maximize recovery.