Do I have to open an estate to sue an insurance company regarding a personal injury case where the defendant has died?

Question Details: I'm getting ready to file complaint and I discovered defendant died, not related to the accident. There is no estate and his 2 adult children only survivors and he died intestate have no reason to open one. Were only going after the limits of his auto insurance policy so do I have to open an estate or can I just serve the complaint to the insurance company?

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