New York is different than many other states in that surviving spouses and children cannot file a wrongful death claim unless they are also designated as 'personal representatives' or 'executors' of the estate. Even though next of kin may be entitled to receive benefits from the estate, they cannot simply show up in court and file the lawsuit. Appointing a personal representative of the estate allows your family room to grieve while the estate is settled. It is especially important to work with an attorney as soon as possible. New York’s statute of limitations allows just two years from the date of death to pursue a wrongful death claim.