Who Can File a Wrongful Death Claim in Minnesota

By the FigureMyTax Editorial Team · How we calculate

Minnesota doesn't let family members sue in their own names. A trustee does it for all of them, and the court decides how the money is divided.

A court-appointed trustee

Under Minn. Stat. 573.02, subdivision 3, the surviving spouse or one of the next of kin petitions in writing, and the court appoints a suitable and competent person as trustee. The trustee files a consent and oath, and before receiving any money must file a bond as security. The trustee doesn't have to be a relative.

Who is paid

The recovery is for the exclusive benefit of the surviving spouse and next of kin, in proportion to the pecuniary loss each suffered. The court determines each person's proportion and orders distribution. Funeral expenses and any court-allowed demand for the decedent's support come out first.

Pecuniary loss includes more than wages

Pecuniary loss in Minnesota covers lost income and household services, but also the loss of the decedent's advice, comfort, assistance, protection and guidance. It does not include grief as such, which is why the loss is measured person by person.

A pending lawsuit continues

If the decedent had already sued over the injury and the case wasn't finished, the trustee can continue it, recovering all damages for the spouse and next of kin. And since the 2023 amendment, the death action itself recovers the decedent's own damages from the injury before death.

This is general information, not legal advice. Next-of-kin status and the trustee's duties are fact-specific. Confirm who qualifies in your situation with a licensed Minnesota attorney.