Wrongful Death Settlement Distribution Laws by State

May 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.

May 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

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

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 loss of companionship, emotional, and financial support.

Arkansas Code §12-62-102

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.

Cal. Code of Civ. Proc. §§377.60, 377.61

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.

Colorado Wrongful Death Act

May be filed by the executor or administrator of the decedent's estate

Recovery will be distributed according to the terms of the decedent's will. If there is no will, settlement will be distributed pursuant to Connecticut intestacy laws.

Con. Gen. Stat. §52-555

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

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, which distributes payments proportionally based on the loss suffered. If there is no will, damages are distributed based on an intestacy statute.

District of Columbia Code §§16-2701, 16-2703

A personal representative may bring an action on 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.

Florida Wrongful Death Act

A surviving spouse may 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.

Georgia Code Title 51. Torts § 51-4-2

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

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.

Idaho Statutes Title 5 § 5-311

May 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.

Illinois Wrongful Death Act

May 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

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

May 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

May be brought by the decedent's personal representative

Funeral expenses and administration costs are paid first. Thereafter, if the decedent leaves a surviving spouse and no children, the spouse receives the remainder. If the decedent leaves a surviving spouse and children, the spouse receives 1/2, and the surviving children receive 1/2. If the decedent leaves children but no surviving spouse, the remainder goes to the child or children. If the decedent leaves no children or spouse, the parents of the decedent take. If the decedent leaves no spouse, parents, or children, the settlement passes to the estate.

Kentucky Revised Statutes Title XXXVI §411.130

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.

Louisiana Civil Code Tit. V, Art. 2315.2

May 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.

Maine Revised Statutes Title 18-C § 2-807

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

May 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

May 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

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

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 no spouse or children, damages are divided between surviving parents and siblings.

Mississippi Code Title 11 §11-7-13

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

May 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

May 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§ 30-810

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

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

May be filed by the decedent's personal representative

A surviving spouse and one or more surviving descendants can take equally. Other dependents can be apportioned part of the settlement under the court's authority.

New Jersey Wrongful Death Act

May be filed by the decedent's personal representative

If there is a surviving spouse and no children, the spouse takes everything. If there are surviving children or grandchildren, the spouse takes 1/2, and the children and grandchildren share the remaining 1/2. If there is no surviving spouse, the children or grandchildren divide the settlement. If the decedent is a child, the mother and father share equally. If no surviving spouse, parents, or children, surviving brothers and sisters can share the settlement.

New Mexico Statutes §41-2-1

May be filed by the decedent's personal representative

If there is a surviving spouse and no children, the entire amount goes to the spouse. If there are children, the spouse receives $50,000 and 1/2 of the balance, and the other 1/2 is divided equally among the children. If there are children but no spouse, the children divide the settlement equally. If no spouse or children, the entire settlement goes to surviving parents.

New York Consolidated Laws, Estates, Powers and Trusts Law EPT § 5-4.1

May be filed by the decedent's personal representative

If there is a surviving spouse and no children or surviving parents, the entire amount goes to the spouse. If there is a surviving spouse and also surviving parents, the first $50,000 goes to the spouse, and the remaining proceeds are divided equally between the surviving parents and the spouse. If there is one living child, the first $30,000 goes to the spouse, and the remaining proceeds are equally divided between the spouse and the child. If there is more than one surviving child, the first $30,000 goes to the spouse, 1/3 of the remaining settlement goes to the spouse, and the remaining 2/3 is divided between the children. If there is no surviving spouse, the settlement is divided between surviving children, parents, siblings, and other descendants.

North Carolina General Statutes §28A-18-2

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

May 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

May be filed by the decedent's personal representative

The court is responsible for distributing a settlement among surviving relatives.

Oklahoma Statutes §12-1053

May 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

May 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.

Pennsylvania Wrongful Death Act

May be filed by the executor or administrator of the decedent's estate

Proceeds go 1/2 to surviving spouse, 1/2 to surviving children. If no children, the whole shall go to the surviving spouse. If no spouse or children, the whole shall go to the next of kin in proportion as described by the laws of intestacy.

Rhode Island General Laws §10-7-1

May 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

May 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

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: surviving children or next of kin, personal representative of the decedent's estate, surviving parents of the decedent, administrator of the decedent's estate.

Distribution of the net proceeds of a settlement is completed pursuant to the laws of intestacy.

Tennessee Code §20-5-106

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

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

May 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: If only a surviving spouse remains, the settlement will be for the spouse's sole benefit; the decedent's surviving parents take the entire settlement if there is no spouse or children.

Vermont Statutes Title 14 §1491

Can be filed by one or more statutory beneficiaries, 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

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

May be filed by the decedent's personal representative

The court has the discretion to equitably distribute a settlement among the decedent's heirs.

West Virginia Code §55-7-5

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

May 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