Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can you sue a deceased person’s family members personally in New York?
Generally no. Family members are not personally liable for a relative’s wrongful acts simply because of the relationship. Under New York law, liability follows the wrongdoer, not the family. The proper defendant is the deceased person’s estate, not the heirs or surviving relatives.
What is a survival action under NY EPTL §11-3.2?
A survival action allows the injured party to pursue the same claim they would have brought against the deceased defendant, now directed at the estate. Under EPTL §11-3.2, personal injury claims survive the tortfeasor’s death in New York and are brought against the estate’s administrator or executor.
What is the deadline to sue a deceased person’s estate in New York?
The standard statute of limitations still applies to the underlying claim — typically three years for personal injury in NY. However, if the death opens a probate proceeding, you may also need to file a creditor’s claim in Surrogate’s Court within the time set by the estate administrator or face being barred from recovery.
When can family members actually be held liable for a deceased person’s actions in NY?
Family members can be held personally liable only if they were independently negligent — for example, a spouse who co-owned a vehicle involved in an accident, or a family member who negligently entrusted property to the deceased. Mere familial relationship does not transfer liability under New York law.