A Death Somebody Caused
Minn. Stat. 573.02 — a court-appointed trustee sues, within three years after the death
In Minnesota, when death is caused by the wrongful act or omission of any person or corporation, a trustee appointed by the court may maintain an action if the decedent could have sued for the injury had the decedent lived.
A trustee, appointed on petition. On written petition by the surviving spouse or one of the next of kin, the court appoints a suitable and competent person as trustee to bring or continue the action. The trustee files a consent and oath, and a bond before receiving any money.
What is recovered, and for whom. The amount the jury finds fair and just for the decedent's damages before death and the pecuniary loss from the death, for the exclusive benefit of the surviving spouse and next of kin in proportion to each one's pecuniary loss. Funeral expenses are paid first.
Three years, within six. Most actions may be commenced within three years after the date of death, but within six years after the act or omission. A death caused by an intentional act constituting murder may be sued over at any time.
| The question | The statute's answer |
|---|---|
| The questionWho files | The statute's answerA trustee the court appoints on petition of the spouse or next of kin |
| The questionFor whom | The statute's answerThe surviving spouse and next of kin, in proportion to pecuniary loss |
| The questionHow long | The statute's answerThree years after the death and within six years of the act, with no limit for murder |
Medical malpractice timing, punitive damages and claims where death came from an unrelated cause are not all on this page. Whether a particular death gives rise to an action, and who should bring it, are questions for a licensed Minnesota attorney.
Sources for this section (1)
- Minn. Stat. 573.02 — Action for death by wrongful act; survival of actions
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Minnesota attorney.