If a suit for wrongful death is to be brought on behalf of an estate, an Administrator Ad Prosequendum must be named. The action may be brought (1) in the Surrogate’s Court of the county where the intestate resided, or (2) if he/she lived outside the state, the Surrogate’s Court in which the accident resulting in the death occurred.

It is necessary at the outset to ascertain certain information in order to do an administration ad prosequendum. ( See Information Sheet For Administration)

1. Check the death certificate to determine which Surrogate’s Court has jurisdiction.

2. List all next-of-kin with names, addresses and ages, if minors. If there are any deceased next-of-kin then their issues must be named.

3. List name and address of the defendant in the suit.

If a Will exists, the named executor/trix must bring the action.

The applicant will appear before the Surrogate to execute an Application for Administration Ad Prosequendum which must indicate the name and address of the defendant in the suit and an Authorization To Accept Service of Process. This is accompanied by any Renunciations from persons in superior or equal degree of kinship or, in lieu thereof, proofs of notice filed by the individual making application. The applicant signs the Qualification and a Judgment is entered pursuant to which Letters of Administration Ad Prosequendum are issued. The letters are granted for a limited purpose, no certificates are issued and no bond is required.

Once Letters of Administration Ad Prosequendum are issued, the civil litigation may be pursued. Any recovery which is obtained must be paid to the estate and must be administered accordingly. If Letters of Administration had been issued prior to settlement, the administrator must return to the Surrogate to make application for the amendment of the estate value and post bond if required. If a general administration had not been done previously, an application for Letters of Administration and a bond must be filed.