29.6 Who May Not Be a Plaintiff or Beneficiary

• Jurisdiction: Arizona

29.6 Who May Not Be a Plaintiff or Beneficiary. The Wrongful Death Act expressly limits potential plaintiffs in and beneficiaries of a wrongful death claim to certain close family relations: children, parents or guardians, or spouses of the decedent.⁴⁷ The only other party who could ever be a plaintiff in the wrongful death action is the personal representative of the decedent’s estate. Thus, brothers, sisters, cousins, aunts, uncles, nephews, nieces, grandparents, grandchildren, ex-spouses, best friends, or any other person may not be either a plaintiff or beneficiary of a wrongful death claim, no matter how close their relationship to the decedent. This can cause awkward situations for plaintiff’s attorneys because often the person who approaches the attorney for representation may not actually be permitted to be the client or share in any...