Detailed Answer
Short answer: Generally, no — under Alabama law wrongful death proceeds are a statutory recovery for the benefit of the decedent’s survivors and are not distributed simply according to the decedent’s will. However, a related survival action (if any) is part of the decedent’s estate and can be distributed according to the will or by intestacy rules.
Alabama law draws an important distinction between two separate causes of action that can arise when someone dies because of another’s negligence or wrongful act:
- Wrongful death action: This is a statutory claim created for the benefit of surviving family members (spouse, children, etc.). The claim exists because the legislature permits the survivors to recover for their losses caused by the decedent’s death.
- Survival action: This preserves for the decedent’s estate any claim the decedent had before death (for example, pain and suffering the decedent experienced before death). A survival claim is treated as an asset of the estate.
Because wrongful death is a statutory right that benefits survivors, its proceeds do not automatically follow the decedent’s testamentary plan. Instead, Alabama’s wrongful death provisions set out who the recovery is intended to benefit and how it is to be pursued and distributed. See the Code of Alabama, Title 6 (Actions and Suits), Chapter 5 (Wrongful Death and Survival). For the legislative text and chapter organization, see the Code of Alabama: Code of Alabama (1975) — Table of Contents.
Practical consequences:
- If a decedent left a last will that gives all property to a friend, but the decedent’s spouse and children survive, the wrongful death recovery typically goes to the persons the wrongful death statute protects (surviving spouse and children) rather than to the friend under the will.
- If the decedent’s estate separately pursues a survival action, recovery from that survival action becomes part of the estate and will be administered under probate rules — that means the will (or intestacy rules if no valid will exists) will control distribution of those funds.
- If there are no statutory survivors (for example, no spouse or children), how a wrongful death recovery is handled can be more complicated and may require court guidance on who is entitled to recover or whether the recovery becomes part of the estate.
Because specific procedures, entitled beneficiaries, and distribution rules vary depending on the facts, the identity of survivors, and whether the claim is characterized as wrongful death or a survival claim, it is important to analyze each claim separately and review the applicable Alabama statutes and case law. Start with Title 6, Chapter 5 of the Code of Alabama for the statutory framework: Code of Alabama (1975) — Chapter Index.
Key distinctions — What to watch for
- Who sues: A wrongful death action is usually brought by the personal representative on behalf of the statutory beneficiaries; the survival action is for the decedent’s estate itself.
- Who benefits: Wrongful death damages generally go to surviving family members as determined by statute (not necessarily to whoever the decedent named in a will). Survival action proceeds belong to the estate and are distributed under the will or by intestacy.
- Timing and probate: Survival action recoveries typically pass through probate administration. Wrongful death recoveries may require separate distribution steps set by statute or court order.
Helpful Hints
- If someone you love died because of another’s conduct, identify whether you have (a) a wrongful death claim and/or (b) a survival claim. Each has different legal effects.
- Do not assume the decedent’s will controls every recovery. Ask whether the recovery is characterized as wrongful death (benefit to survivors) or survival (asset of the estate).
- Contact the personal representative (executor) of the estate; they often bring or must approve the claims and will be involved in collection and distribution.
- Collect documentation: death certificate, medical records, proof of relationship (marriage certificate, birth certificates), and copies of any will and probate filings. These help determine who qualifies under Alabama law.
- Statute review: start with the Code of Alabama, Title 6, Chapter 5 (Wrongful Death and Survival). You can find the Code of Alabama online here: https://www.legislature.state.al.us/.
- Time limits apply. Alabama law imposes statutes of limitations for wrongful death and survival claims. Missing a deadline can permanently bar recovery.
- Consider hiring a lawyer experienced in wrongful death and probate in Alabama. They can explain whether proceeds will pass under the will or by statute, file claims correctly, and help with distribution issues.
Disclaimer: This article provides general information about Alabama law and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed attorney in Alabama.