A wrongful death case can only be brought by the personal representative of the deceased person’s estate. Therefore, the first step is for the Probate Court to appoint a personal representative. Then a petition must be filed to probate the will. This is done in the probate office in the county of residence. nIf your loved one had a will at the time of death, an administrator would be appointed. If there was no will, an executor is appointed. Usually, a surviving family member or close relative of the deceased acts as the personal representative of the estate.