Mayo

This case presents the novel question of whether the personal representative of a deceased minor may maintain an action for wrongful death on behalf of the decedent’s siblings where the parents survive the minor but later disclaim their interest in the minor’s estate. We will hold that the personal representative of a decedent may maintain an action for wrongful death only on behalf of the “heirs” as defined by the intestacy provisions of the Probate Code, and that such action cannot be maintained on behalf of persons who become substitute heirs by virtue of the true “heirs” disclaiming their interest in the estate of the decedent.

On April 12, 1982, Kenneth Harold White II, aged three years, was riding a “mini hot cycle” around the swimming pool in the backyard of his home, when the cycle overturned, and he was thrown into the pool. He died the following day. Plaintiff, Myzella Mayo, as special administrator of the estate of the minor, filed a complaint for wrongful death against K-Mart Corporation, Carolina Enterprises, Inc., and the decedent’s parents, Ruby and Kenneth White. The complaint alleges Ruby and Kenneth White “have duly renounced heirship and any interests…