Q. My spouse died in a car accident.
I have hired a lawyer to sue the driver of the other car. There are no assets other than the lawsuit. Does a proceeding need to be filed in surrogate's court?
Yes. A probate proceeding or administration proceeding will be necessary. The Executor or Administrator can bring the action in the appropriate court. When a settlement is reached or a trial has been concluded, a proceeding should be brought in Surrogate’s Court to allocate and distribute the proceeds to the proper persons