Wrongful Death Settlement Distribution Laws by State
Created by FindLaw's team of legal writers and editors | Last reviewed December 03, 2018
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
The death of a family member can be devastating, and even more so if the death occurred wrongfully as the result of the negligence of a another person. The laws of each state allow surviving family members to file a lawsuit and recover monetary damages due to the wrongful death of a loved one. Read on to learn more about wrongful death distribution laws.
Understanding Wrongful Death Lawsuits
A wrongful death lawsuit can be brought by a victim's family following a death due to the wrongful or negligent act of another. The victim's family can seek monetary damages for funeral and burial expenses, medical expenses, pain and suffering, loss of wages and future earning capacity, pain and suffering, and the family's loss of companionship. Many of these sorts of cases end in a settlement, rather than a trial. With a settlement, all parties agree to resolve the case for a certain monetary pay-out, and everyone agrees to forego their rights to have a trial.
Each state has its own wrongful death statutes. Some states limit who can file a wrongful death lawsuit on behalf of the decedent—a legal term for the person who died. Many states require that the personal representative of the decedent's estate file the lawsuit. A personal representative, sometimes known as an executor, is a party appointed to manage the estate. Sometimes a will specifies a particular personal representative, otherwise the court can appoint one.
Other states allow certain relatives of the decedent to file a wrongful death claim, and to benefit from the monetary settlement of these types of cases. Typically, these are the decedent's surviving spouse, children, parents, siblings, and other "heirs," which are defined as people entitled to inherit from the decedent pursuant to probate laws.
Some state also limit how a wrongful death settlement or jury award can be distributed amongst beneficiaries. Some state indicate that a surviving spouse or children are entitled to receive a certain amount or percentage. Other states require that a settlement be distributed consistent with that state's laws of intestacy, which means dying without a will.
State Laws: Wrongful Death Settlement Distribution
The table below details the laws regarding wrongful death settlement distribution for each of the states.
Who Can Bring a Wrongful Death Lawsuit |
Distribution of Settlement |
State Statutes |
|
Alabama |
Must be filed by the personal representative of the decedent's estate |
Settlements are distributed to the decedent's heirs in accordance with Alabama's laws for intestate succession |
Alabama Wrongful Death Act, Ala. Code §6-5-410 Alabama Probate Code, Ala. Code §43-8-40 et. seq. |
Alaska |
Must be filed by the decedent's personal representative |
The surviving family members decide how to distribute a settlement, if they are unable to do so the court will enter a binding decision as to distribution |
Alaska Statute, AS 09.55.580 |
Arizona |
The decedent's surviving spouse, child, parent, or personal representative of deceased person |
Compensation must be distributed to surviving family members "in proportion to their damages" |
Arizona Wrongful Death Act, AZ REV ST §§12-611, 12-612, 12-613 |
Arkansas |
The decedent's estate, as well as surviving spouse, children, parents, or siblings |
Only the decedent's estate can recover for funeral and burial costs, medical bills, pain and suffering, and lost wages during the decedent's lifetime; the decedent's family can recover only for the loss of companionship, emotional, and financial support |
|
California |
The decedent's surviving spouse, domestic partner, children, stepchildren, and grandchildren |
Discretion is given to family members to distribute the settlement, but if unable to do so equitably the court will make a distribution based on the economic needs of the parties |
|
Colorado |
Subject to certain exceptions, in the first year after death only the surviving spouse can file; in the second year after the decedent's death, surviving children can also file |
If a spouse alone files a claim, surviving children are nonetheless entitled to a share consistent with Colorado descent and distribution statutes; likewise if children of the decedent file the claim, a surviving spouse is entitled to a statutory share |
|
Connecticut |
Must be filed by the executor or administrator of the decedent's estate |
Recovery will distributed according to the terms of the decedent's will; if there is no will then settlement will be distributed pursuant to Connecticut intestacy laws |
|
Delaware |
The spouse, parent, child, or siblings of the decedent, or a person related to the decedent by blood or marriage |
Statute authorizes the distribution of an award to beneficiaries in a way that is proportionate to resulting injury |
Delaware Code Title 10 §3724 |
District of Columbia |
The decedent's personal representative must file on behalf of surviving spouse, or if none, on behalf of children, parents, or siblings of the decedent |
Damages are paid to the estate, who distributes payments proportionally based on the loss suffered; if there is no will damages are distributed based on an intestacy statute |
|
Florida |
A personal representative has a duty to bring an action on the behalf of the decedent's surviving spouse, minor children, and parents |
Allocation of a settlement must be distributed in a fair and equitable manner, and the court has the authority to approve distribution |
|
Georgia |
A surviving spouse must bring a claim on behalf of the decedent and any surviving children; if no surviving spouse or children a claim can be brought by surviving parents or a personal representative |
A surviving spouse cannot receive less than one-third of recovery, regardless of how many children there are |
|
Hawaii |
The decedent's personal representative, surviving spouse, "reciprocal beneficiary," surviving children, parent, or anyone who was financially dependent on the decedent |
The court is responsible for allocating the distribution of any settlement |
Hawaii Revised Statutes Division 4. Courts and Judicial Proceedings § 663-3 |
Idaho |
The decedent's personal representative, heirs, spouse, children, stepchildren, parents, or any other dependent blood relatives |
There are no legal limitations on the distribution of settlement |
|
Illinois |
Must be filed by the decedent's personal representative |
Damages are distributed to the surviving spouse and/or next of kin according to their level of dependency on the decedent |
|
Indiana |
Must be filed by the decedent's personal representative |
Damages may be awarded to decedent's spouse, children, or other dependents; if more than one eligible person exists the court will determine how to divide a settlement amount |
Indiana Code §34-23-1-1 |
Iowa |
The administrator of the decedent's estate, the spouse and surviving minor children, adult children, or parents of the decedent |
Any wrongful death recovery is distributed as if personal property belonging to the estate; if the settlement includes damages for loss of services and support, the damages will be apportioned by the court as it deems equitable |
Iowa Code Title XV. § 633.336 |
Kansas |
Must be brought by the decedent's estate for the benefit of the "heirs at law" |
The estate is first compensated for bringing the lawsuit, thereafter damages are distributed to the decedent's heirs by the court; the parties can agree to a distribution of a settlement, but it must be approved by the court |
Kansas Statutes Chapter 60 § 60-1901 |
Kentucky |
Must be brought by the decedent's personal representative |
Funeral expenses and administration costs are paid first, thereafter: |
Kentucky Revised Statutes Title XXXVI §411.130 |
Louisiana |
Surviving spouse or children, parents, or siblings of the decedent |
The law places no limitation on how wrongful death settlements are distributed between family members |
|
Maine |
Must be brought by the decedent's personal representative |
A surviving spouse receives all of the award if there are no minor children; if there are minor children the spouse receives 1/2 of the award and the minor children receive the other 1/2 divided equally between them |
|
Maryland |
Primary beneficiaries, including a surviving spouse, parent or child can file a wrongful death suit on behalf of themselves; a secondary beneficiary like a sibling, cousin, niece, nephew, or other relative can file a claim on behalf of the decedent's estate |
Damages can be distributed to the beneficiaries in shares proportional to the injury caused by the wrongful death |
Maryland Code, Courts and Judicial Proceedings § 3-904 |
Massachusetts |
Must be filed by the executor or administrator of the estate |
If the decedent is survived by a spouse and no children, the entire settlement is distributed to the spouse; if there is one surviving child, the spouse receives 1/2 of the settlement and the child receives 1/2; if there is more than one surviving child the spouse receives 1/3 and the surviving children divide 2/3 between them |
Massachusetts General Laws Part III Ch. 229, § 2 |
Michigan |
Must be brought by the decedent's personal representative |
The personal representative must file a motion to distribute the proceeds of the settlement, and the court will distribute the settlement to the extent beneficiaries have suffered damages; recovery for pain and suffering is paid back into the decedent's estate |
Michigan Compiled Laws, Chapter 600 § 600.2922 |
Minnesota |
The surviving spouse and children of the decedent, or the parents, grandparents, or siblings of the decedent |
The court is responsible for determining the proportionate loss of each person entitled to recovery and ordering distribution accordingly |
Minnesota Statutes §573.02 |
Mississippi |
A claim can be brought by the decedent's personal representative, surviving spouse, parent, child, or siblings |
If a surviving spouse brings an action, damages are divided equally between the spouse and children; if there are no spouse or children, damages are divided between surviving parents and siblings |
Mississippi Code Title 11 §11-7-13 |
Missouri |
The surviving spouse, children, or lineal descendants of the decedent have the first opportunity to file; if no such people exist a brother or sister of the decedent or their descendants can bring a claim |
The court must first approve any settlement, and is responsible for apportioning the settlement in proportion to loss suffered |
Missouri Revised Statutes Title XXXVI §537.080 |
Montana |
Must be filed by the decedent's personal representative |
The law places no limitations on the distribution of wrongful death settlements |
Montana Title 27 §27-1-513 |
Nebraska |
Must be filed by the decedent's personal representative |
Settlement is to be distributed between the surviving spouse and "next of kin" in the proportion of pecuniary loss suffered |
Nebraska Revised Statutes Chapter 30§ 30-809 |
Nevada |
Can be brought by the decedent's personal representative, surviving spouse, children, or parents |
Each heir is entitled to present evidence of his or her own specific losses, and be awarded a proportionate portion of damages |
Nevada Revised Statutes Title 3 §41.085 |
New Hampshire |
Any person "interested in the estate of the deceased" can file a wrongful death claim |
The court determines the amount of damages distributed to a surviving spouse or children |
New Hampshire Rev. Statutes Title LVI §556:12 |
New Jersey |
Must be filed by the decedent's personal representative |
A surviving spouse and one or more surviving descendant can take equally; other dependents can be apportioned part of the settlement under the court's authority |
|
New Mexico |
Must be filed by the decedent's personal representative |
The proceeds of a settlement are distributed as follows: |
New Mexico Statutes §41-2-1 |
New York |
Must be filed by the decedent's personal representative |
Proceeds are distributed as follows: |
New York Consolidated Laws, Estates, Powers and Trusts Law EPT § 5-4.1 |
North Carolina |
Must be filed by the decedent's personal representative |
Proceeds are distributed as follows: |
North Carolina General Statutes §28A-18-2 |
North Dakota |
A wrongful death action can be brought by a surviving spouse, children, parent, grandparent, or by the decedent's personal representative |
The court is responsible for apportioning damages among the decedent's family members, and to do so the court may make any investigation it deems necessary |
North Dakota Century Code §32-21-01 |
Ohio |
Must be filed by the decedent's personal representative |
Settlement is distributed to beneficiaries in proportion to their injury and loss |
Ohio Revised Code Title XXI §2125.01 |
Oklahoma |
Must be filed by the decedent's personal representative |
The court is responsible for distributing a settlement among surviving relatives |
Oklahoma Statutes §12-1053 |
Oregon |
Must be filed by the decedent's personal representative |
The personal representative is first reimbursed for costs, expenses and fees, thereafter the personal representative pays all reimbursements for medical care, the remainder of the damages are distributed to beneficiaries pursuant to the laws of intestate succession or as agreed by the beneficiaries |
Oregon Revised Statutes §30.020 |
Pennsylvania |
Must be filed by the decedent's personal representative |
Any portion of the settlement for pain and suffering is paid to the decedent's estate, and the remainder is distributed to the decedent's beneficiaries in the proportion they would have taken under the intestacy laws |
|
Rhode Island |
Must be filed by the executor or administrator of the decedent's estate |
The settlement is distributed as follows: |
Rhode Island General Laws §10-7-1 |
South Carolina |
Must be filed by the executor or administrator of the decedent's estate |
The parties to the action can agree on a distribution, but any settlement must be approved by the court following a hearing |
South Carolina Code of Laws §15-51-10 |
South Dakota |
Must be filed by the decedent's personal representative |
Either the court must approve the settlement or all competent beneficiaries over 18 must agree to the division in the settlement |
South Dakota Codified Laws §21-5-5 |
Tennessee |
The initial right to file belongs to the surviving spouse; if there is no spouse, the right next belongs to the following parties, in order: |
Distribution of the net proceeds of a settlement are completed pursuant to the laws of intestacy |
Tennessee Code §20-5-106 |
Texas |
The surviving spouse, children, and parents of the decedent can file wrongful death claims individually, or together in a group claim |
If all beneficiaries are adults and are agreeable, they can determine a distribution of the settlement |
Texas CIV PRAC & REM Code §71.00 |
Utah |
Can be filed by the decedent's heirs or personal representative |
Settlements are distributed to heirs proportionately based on the amount of financial support the decedent offered, and the individual loss suffered by the heir |
Utah Code §78B-3-106 |
Vermont |
Must be filed by the decedent's personal representative |
Proceeds from a settlement are distributed to a surviving spouse, children, or next of kin in proportion as follows: |
Vermont Statutes Title 14 §1491 |
Virginia |
Can be filed by one or more statutory beneficiary, including the decedent's surviving spouse, children, grandchildren, parents, siblings, other relatives who lived with the decedent, or anyone else entitled to inherit from the decedent's estate |
The court must approve any settlement, and if the parties cannot agree on a distribution of the proceeds the court may determine an equitable distribution |
Virginia Code §8.01-50 |
Washington |
Can be filed by the decedent's personal representative, surviving spouse, or children |
The court must review the reasonableness of any settlement and the distribution to the decedent's heirs |
Washington Revised Code §4.20.010 |
West Virginia |
Must be filed by the decedent's personal representative |
The court has the discretion to equitably distribute a settlement amongst the decedent's heirs |
West Virginia Code §55-7-5 |
Wisconsin |
Can be brought by the decedent's personal representative or a surviving spouse, children, or parent |
The court may set aside a portion of the settlement for the benefit of minor children, but this cannot exceed 1/2 of the settlement; if there are no children the entire settlement goes to the surviving spouse; if there is no spouse the settlement goes to the decedent's lineal heirs, or to surviving siblings |
Wisconsin Statutes §895.04 |
Wyoming |
Must be filed by the decedent's personal representative |
Each person who may benefit under a wrongful death action may prove his or her measure of damages to the court, and the court will distribute a settlement accordingly |
Wyoming Statutes §1-38-101 |
Questions About Wrongful Death Settlement Distributions in Your State? Ask a Lawyer
If you've lost a loved one due to the negligence of another person, you may have a case for wrongful death. As summarized in the chart above, the state laws that apply to wrongful death lawsuits vary widely, and each state limits the amount of time that you have to file your suit. Contact a local personal injury attorney today to make sure your legal rights are preserved.
Was this helpful?
Next Steps
Contact a qualified personal injury attorney to make sure your rights are protected.