When a decedent passes away as a result of negligence, omission, or a tortious action of another, the personal representative may bring a wrongful death action on behalf of the distributees pursuant to EPTL §5-4.1. The personal representative, whether it be an Executor or Administrator, is granted the power to bring the wrongful death proceeding through Letters Testamentary or Letters of Administration issued by the Surrogate's Court. However, after the power is given through Letters, the wrongful death action is brought in Supreme Court, where only the Executor or Administrator is before the court and other interested parties, such as creditors, are not. The Supreme Court oversees discovery, negotiates settlement, or conducts a trial. Once settled, the Surrogate's Court reviews the settlement, approves or disproves the settlement, and orders its distribution. This is the usual procedure, but there are various situations which provide for different results.