In Pennsylvania, the statute of limitations for filing a wrongful death claim is two years. You have two years from the date of death to file a lawsuit in the Court of Common Pleas, or in our Federal Courts. There are a couple of things you need to do though before you file a claim for wrongful death. You have to have an estate opened. You need a personal representative of the estate appointed under the will as an executor/executrix, or under an intestate statute, an administrator or an administratrix. You need to get the court to approve the establishment of the estate, and then the conduct of the lawsuit itself.