If your family is pursuing compensation under the Camp Lejeune Justice Act, you may be wondering whether the settlement process can proceed without going through probate. This is a common-and crucial-question when a wrongful death claim is involved. The short answer is: in most cases, no. The federal government requires that a legally authorized personal representative of the deceased's estate accept the settlement, and that generally means probate must be initiated.
At Heritage Law Office, we help families navigate these requirements to avoid costly delays and secure the funds they're entitled to. Call us at 414-253-8500 or contact us online for legal help with Camp Lejeune probate proceedings.
Why the Government Requires Probate Authority
When filing a wrongful death or survival action related to Camp Lejeune toxic exposure, settlement offers are made payable to the estate of the deceased-not to individual family members. Before those funds can be accepted or distributed:
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The estate must be opened in probate court.
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A personal representative (PR) must be legally appointed.
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The PR must have court-issued documentation-usually Letters Testamentary or Letters of Administration-showing they are authorized to act for the estate.
This process ensures that the settlement is properly managed, that creditors have a chance to present claims, and that beneficiaries receive their fair share under state law.
What If There Is a Will?
Even if the deceased left a valid will, that alone is not enough. A will simply nominates an executor-it does not give that person legal authority to act. That authority only comes after:
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The will is submitted to probate court.
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The nominated executor is appointed by the court.
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The court issues Letters Testamentary.
Only then can the executor sign documents, open an estate account, and receive settlement funds.
What If There Is No Will?
In that case, the estate is considered intestate, and someone (usually the surviving spouse or next-of-kin) must petition the probate court for Letters of Administration. Once granted, that person becomes the administrator of the estate, with the same legal powers as an executor.
Without probate, no one has the legal authority to accept or manage the settlement on behalf of the estate.
Why Small Estate Alternatives Usually Don't Work
Some families ask whether a small estate affidavit or summary administration might allow them to bypass probate. While these tools can work in certain situations, they rarely meet the federal government's standards for wrongful death settlements, especially when:
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The settlement exceeds the state's small estate threshold.
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Federal agencies require formal documentation from a probate court.
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There are multiple heirs or potential disputes.
The U.S. government will almost always demand formal probate and certified letters of authority.
Common Misconceptions About Probate and Camp Lejeune Settlements
It's not unusual for families to misunderstand the requirements. Here are a few misconceptions that cause delays:
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"I'm the spouse, so I can sign for the estate."→ Not without court authorization.
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"We have a will, so that's enough."→ Not until the will is probated and Letters Testamentary are issued.
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"It's just paperwork-we can send in a form."→ Federal settlements require formal legal proceedings.
Avoiding these pitfalls with help from an attorney can prevent your claim from being denied or stuck in limbo.
What Happens If You Try to Accept a Camp Lejeune Settlement Without Probate?
Attempting to accept a Camp Lejeune settlement without proper legal authority will almost certainly delay or invalidate your claim. Here's what typically happens:
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The U.S. government will request Letters Testamentary or Administration.
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No funds will be disbursed until a personal representative is officially appointed.
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The claim could be closed if required documents aren't provided by the deadline.
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You may need to reinitiate the process, potentially forfeiting priority in settlement distribution.
Even if the VA or DOJ sends a settlement offer, it's not final until the legally authorized representative signs the release and returns it with supporting court documents.
What Probate Documentation Is Required for a Camp Lejeune Claim?
At a minimum, the federal government usually requires:
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Certified copy of the death certificate
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Court-issued Letters Testamentary or Letters of Administration
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Proof of authority to sign on behalf of the estate
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Completed release forms and settlement documents
Additional documents may be requested if there are multiple heirs, disputed claims, or ancillary proceedings.
When Might Probate Not Be Required?
There are rare exceptions, such as:
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The decedent was alive when the claim was filed and signed the settlement personally.
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The estate qualifies under a very small estate statute and the agency expressly waives the requirement for letters (rare).
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The settlement is under a certain dollar amount and local law allows affidavit procedures that are accepted by federal entities (again, rare).
If you're unsure, assume probate will be required and consult a knowledgeable attorney to review your specific circumstances.
How an Attorney Helps You Avoid Delays and Denials
At Heritage Law Office, we assist clients with:
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Opening probate in the correct jurisdiction
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Securing Letters Testamentary or Administration quickly
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Filing all supporting court documents needed by the DOJ or Navy JAG
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Working in coordination with the Camp Lejeune settlement attorney
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Ensuring court requirements and federal settlement deadlines are met
Because Camp Lejeune claims are time-sensitive, proper legal representation makes a measurable difference in getting settlement funds released efficiently.
Contact an Attorney for Camp Lejeune Probate Assistance
If you're navigating a Camp Lejeune wrongful death claim, do not risk delay by skipping probate. Only the court-appointed personal representative can legally accept the settlement on behalf of the estate.
At Heritage Law Office, we assist families in opening probate estates, securing court authority, and guiding you through every step needed to satisfy federal requirements. Whether the estate has a will or not, we can help you move forward quickly and lawfully.
Call us today at 414-253-8500 or contact us online to schedule a consultation. We're here to help you honor your loved one's legacy and secure the compensation your family deserves.
Frequently Asked Questions (FAQs)
1. Can I accept a Camp Lejeune settlement as a spouse without probate?
No. Even if you are the surviving spouse, you must be legally appointed by a probate court as the estate's personal representative. The federal government requires court-issued documentation-such as Letters Testamentary or Letters of Administration-before releasing settlement funds.
2. Is a will enough to accept a Camp Lejeune settlement?
A will alone is not sufficient. While it may name an executor, that person has no legal authority until the will is filed with the probate court and the court officially appoints them. Only then will the executor receive Letters Testamentary.
3. What if my family wants to avoid probate altogether?
In Camp Lejeune claims, avoiding probate is rarely possible. The government needs assurance that the person accepting the settlement has the legal power to act on behalf of the estate. Small estate affidavits or informal agreements are usually not accepted in these federal claims.
4. Can a Camp Lejeune settlement be paid directly to heirs?
No. The settlement is made payable to the estate of the deceased, not to individual heirs. It must go through probate and be distributed according to the will or the state's intestacy laws.
5. How can a probate attorney help with my Camp Lejeune claim?
A probate attorney ensures the estate is properly opened, obtains the necessary court orders, and manages all filings required by federal agencies. This prevents delays, reduces errors, and positions your claim for timely approval and payout.