Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your situation.
Detailed Answer
Under Arizona law, distribution of wrongful death proceeds follows a statutory hierarchy set out in Arizona Revised Statutes (ARS). You must first obtain a final judgment or settlement and then distribute the net proceeds to the decedent’s survivors or personal representative.
1. Obtain a Final Judgment or Settlement
File a wrongful death action under ARS § 12-613 and secure a judgment or approved settlement. This legal step establishes the total amount available for distribution.
2. Identify the Eligible Beneficiaries
Arizona law limits beneficiaries to certain family members. Under ARS § 12-612, the order of priority is:
- Spouse (surviving husband or wife)
- Children of the decedent
- Parents of the decedent if there are no surviving spouse or children
- Siblings of the decedent if there are no surviving spouse, children, or parents
- Other next of kin as determined by intestate succession under Title 14
- If no heirs exist, proceeds go to the decedent’s personal representative
See the full text of the distribution statute: ARS § 12-612.
3. Calculate Each Beneficiary’s Share
Divide the net proceeds (after deducting expenses, attorneys’ fees, and costs) according to the statutory shares:
- If a surviving spouse and no children, the spouse takes 100%.
- If a spouse and one or more children, split equally between spouse and children.
- If no spouse but children, split equally among children (per stirpes if a child predeceased leaving descendants).
- If no spouse or children, follow the hierarchy above.
For details on intestate succession rules (when determining next of kin beyond siblings), review ARS § 14-2101.
4. Distribute Funds and Close the Estate
Once shares are calculated:
- Prepare a distribution schedule showing each recipient’s share.
- Obtain court approval if required by the wrongful death judgment or settlement order.
- Issue payments directly to beneficiaries or their guardians (for minors).
- File a final report with the court or clerk if the judgment requires it.
Helpful Hints
- Keep accurate records of all expenses, fees, and distributions.
- Confirm beneficiary relationships with birth certificates or other documentation.
- If an heir is a minor, appoint a guardian ad litem to receive funds on the child’s behalf.
- Consider deposit of unclaimed shares with the court under ARS § 14-3603.
- Consult a probate attorney when heirs live out of state or disputes arise.