Administrator ad prosequendum

What is an administrator ad prosequendum?

An administrator ad prosequendum is a representative appointed by a New Jersey court for the specific purpose of prosecuting a wrongful death action.

The Latin phrase means for the purpose of prosecuting, which describes the role precisely. The appointment exists to bring the lawsuit rather than to administer an estate generally.

It solves a practical problem. A death may leave a spouse, several children and other dependents, and permitting each to sue separately would fragment the claim.

One representative therefore brings the action, and any recovery is distributed among those entitled.

It is one of the more unfamiliar terms families encounter, and it appears early in the process.

How does it differ from a general administrator?

Two roles frequently exist alongside each other.

Understanding which claim is which avoids confusion when documents arrive naming different capacities.

• An administrator ad prosequendum brings the wrongful death claim
• A general administrator or executor handles the estate
• The survival action is brought by the estate representative
• The same person frequently serves in both capacities
• Wrongful death proceeds pass to survivors rather than through the estate

Who is appointed?

Usually a close family member, most often a surviving spouse or an adult child, though the court makes the determination.

Where family members disagree about who should serve, the court resolves it, which is one of several reasons early legal involvement helps in these matters.

The appointment is obtained through a surrogate's office application, and it must be in place before the wrongful death action can properly proceed.

Applications are generally straightforward where the family agrees.

Why does the distinction matter?

Because the two claims direct money differently. Wrongful death proceeds go to statutory beneficiaries, while survival action proceeds pass through the estate under a will or intestacy.

Those can be different people, and families are frequently surprised by that when the recovery is allocated.

Allocating a settlement between the two claims therefore has real consequences, and it is a question worth addressing before terms are finalized rather than afterward.

Courts scrutinize allocation where minors are among the beneficiaries.

Common questions

Who can serve in this role?

Usually a close family member, appointed by the court. Where relatives disagree, the court decides.

Do I need one to bring a wrongful death claim?

Yes. The appointment must be in place for the action to proceed properly, and it is obtained through the surrogate's office.

Can the same person handle both claims?

Frequently yes, serving as administrator ad prosequendum for the wrongful death claim and as estate representative for the survival action.