How Arizona law treats wrongful death proceeds versus a decedents will

Short answer: Under Arizona law, wrongful death proceeds generally do not pass under the decedents Last Will and Testament. Instead, wrongful death claims and any money paid for the survivors losses are governed by Arizonas wrongful death statutes and are distributed to the decedents statutory beneficiaries. By contrast, a separate survival action (damages the decedent could have claimed while alive) becomes part of the estate and is distributed according to the will or the probate intestacy rules.

Detailed answer

Two different claims: wrongful death vs. survival action

Arizona recognizes two distinct claims that can arise when someone dies because of anothers conduct:

Wrongful death claim: This seeks compensation for the losses suffered by survivors (for example, loss of support, companionship, or consortium). Those damages are intended to compensate statutory beneficiaries and are distributed under the wrongful death statutes.
Survival action: This seeks recovery of damages the decedent suffered before death (pain and suffering, medical expenses, lost wages). Survival action proceeds, if recovered, become an asset of the decedents estate and are handled in probate.

Because the two claims serve different purposes, they follow different distribution rules under Arizona law. For an overview of the Arizona statutory framework on civil actions (including wrongful death) and probate (wills and estate distribution), see the Arizona Revised Statutes, Title 12 (Civil Procedure) and Title 14 (Trusts, Estates and Protective Proceedings):
ARS Title 12 and ARS Title 14.

Who brings the claim and who receives the money?

In Arizona a personal representative (executor or administrator) commonly brings the wrongful death and/or survival action on behalf of the estate and the survivors. The wrongful death proceeds are then distributed to the persons entitled under the wrongful death statute (typically the surviving spouse, children, next of kin or other statutory beneficiaries). The survival action proceeds become estate property and are distributed according to the will or, if there is no valid will, under Arizonas intestacy rules.

Why the decedents will usually does not control wrongful death proceeds

A Last Will and Testament controls the distribution of estate assets. Because wrongful death damages compensate surviving persons rather than the decedents estate, those damages are not estate property for distribution by the will. Allowing a decedent to direct wrongful death funds by will would defeat the statutory scheme that protects survivors rights to compensation.

Practical consequences

If a settlement or verdict includes separate amounts for survival damages and wrongful death damages, the survival portion goes to the estate and follows the will or intestacy rules; the wrongful death portion goes directly to the statutory beneficiaries unless the statute or a court order provides otherwise.
When a settlement lumps recovery together without clear allocation, disputes can arise about how much is wrongful death versus survival. That allocation affects whether the funds pass via the will or directly to survivors.
Creditors and probate claims: survival proceeds that become estate assets are typically subject to valid creditor claims and probate administration. Wrongful death proceeds meant for survivors may have different exposure to creditors; consult counsel about liens or subrogation claims (for example, health insurers or governmental liens).

Hypothetical examples

Example 1: A decedent dies in a car crash. The personal representative recovers $500,000. The verdict or settlement states $150,000 for the decedents pain and suffering (survival) and $350,000 for the familys loss (wrongful death). Under Arizona rules, the $150,000 becomes part of the estate and is distributed by the will or intestacy. The $350,000 is distributed to the statutory wrongful death beneficiaries.

Example 2: The plaintiff settles for $200,000 with no allocation. The lack of allocation can cause a dispute. Courts or parties may need to decide how much is for survival vs. wrongful death. If the settlement negotiation specifically allocates amounts, that allocation will generally control distribution; if not, expect litigation or negotiation to resolve it.

Helpful links

Helpful hints

Do not assume a will controls wrongful death money. Ask whether the claim is wrongful death, survival, or both.
If there is a settlement offer, try to get the parties to allocate amounts to “survival” versus “wrongful death” in writing. Clear allocation avoids later disputes about distribution and probate exposure.
Identify the personal representative early. That person typically has authority to bring the claim on behalf of the estate and the survivors.
Keep estate and beneficiary interests separate in settlement documents. Clarify who signs releases and what rights each release affects.
Consider creditor claims and possible subrogation (e.g., medical liens or government liens). Survival proceeds that become part of the estate may be available to creditors in probate.
If minors or incapacitated beneficiaries exist, consider structured settlements or court-approved protective arrangements to manage funds for them.
Consult an attorney experienced in Arizona wrongful death and probate matters before signing any settlement or release.

What to do next

Gather key documents: the decedents will (if any), death certificate, medical records, bills, and any correspondence about the claim. Contact an attorney who practices wrongful death and probate in Arizona to review how proceeds should be allocated and distributed given your facts.

Disclaimer: This article explains general principles of Arizona law and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Arizona attorney.