Quick answer

No. Under California law, wrongful death proceeds generally do not pass according to the decedent’s Last Will and Testament. Instead, wrongful death recoveries belong to the decedent’s statutory heirs (or their representatives) under California wrongful death law. A separate type of claim called a “survival” action can belong to the decedent’s estate and therefore may be governed by the will or intestacy rules.

Detailed Answer — How wrongful death and related claims are distributed in California

1) Two different claims after a death caused by someone else

In California you commonly see two separate civil claims when someone dies because of another person’s wrongful act:

Wrongful death claim — This claim exists for the benefit of the decedent’s heirs (for loss of financial support, loss of companionship, and related damages). The wrongful death action is brought for the heirs, and any recovery is held for their benefit. See California Code of Civil Procedure § 377.60 for who may bring the action and the purpose of the recovery: CCP § 377.60.
Survival action — This is a separate claim that represents the decedent’s own cause of action that survived death (for example, pain and suffering the decedent experienced before death, medical expenses incurred before death). Survival actions are part of the decedent’s estate and are handled through the estate/personal representative, so proceeds can be distributed according to the will or by intestate succession if there is no valid will.

2) Why the will usually does not control wrongful death proceeds

A Last Will and Testament controls the distribution of assets that are part of the deceased person’s probate estate. A wrongful death claim, by statute, exists for the benefit of certain heirs and is not an asset of the decedent’s probate estate in the same way. Therefore, heirs’ rights to wrongful death damages are statutory and cannot generally be altered by the decedent’s will.

3) How distributions actually work in practice

If a wrongful death lawsuit or settlement occurs:

The plaintiff will often be the personal representative or the heirs themselves acting under CCP § 377.60. The court or settlement documents should specify how the recovery is allocated between wrongful death and survival claims.
Amounts allocated to the wrongful death claim are distributed to the heirs identified by statute (not by the will). If an heir is a minor or incapacitated, the court rules or a guardian/conservator process may control receipt or management of the funds.
Amounts allocated to the survival action are treated as assets of the decedent’s estate and are distributed according to the will or, if there is no valid will, under California’s intestacy rules (Probate Code). For general information about the California Probate Code see: California Probate Code (PRC).

4) Example (hypothetical facts)

Imagine Jane Doe is killed in a car crash caused by another driver. Jane had a will leaving everything to her friend Alex, but her spouse and child survive her.

If the family sues and recovers $1,000,000, the recovery may be split: $700,000 for wrongful death (loss of support and companionship) and $300,000 for the decedent’s pre-death pain and suffering (survival).
The $700,000 wrongful death share is distributed to Jane’s statutory heirs (spouse and child) according to wrongful death distribution rules — the will cannot redirect those proceeds to Alex.
The $300,000 survival share becomes part of Jane’s estate and, unless otherwise provided by law, could pass under her will to Alex or under intestate succession if the will is invalid.

5) Statute of limitations and timing

California has time limits to file wrongful death and related claims. For many wrongful death claims based on personal injury that caused death, the general two-year statute of limitations applies (see California Code of Civil Procedure § 335.1): CCP § 335.1. Always check the exact deadlines that apply to your facts — different causes of action or special circumstances can change the timing.

Bottom line

Wrongful death proceeds in California are statutory and generally pass to the decedent’s heirs under the wrongful death statutes, not under the decedent’s will. By contrast, survival-action recoveries belong to the estate and are subject to the will or intestacy rules. Because settlements often combine both types of claims, proper allocation and careful handling are important to protect heirs’ and the estate’s rights.

Disclaimer

This information is educational and does not constitute legal advice. It is not a substitute for consulting a licensed California attorney about your specific situation.

Helpful Hints

If someone dies because of another’s actions, act quickly — preserve evidence and speak to an attorney about deadlines (statute of limitations).
Ask any settlement document to state explicitly how damages are allocated between wrongful death and survival claims.
If you are an heir or the personal representative, understand who legally owns each portion of a recovery before signing a release.
If minors are heirs, set up appropriate trusts or court-approved mechanisms to hold and use funds for their benefit.
Talk to both a wrongful death plaintiff attorney and a probate attorney when recovery includes survival damages — coordination prevents distribution disputes later.
Use the California statutes linked above to verify statutory language: see CCP § 377.60 (wrongful death) and CCP § 335.1 (statute of limitations), and consult the California Probate Code for estate distribution rules.
If you need help finding counsel, contact your local bar association or a legal referral service in California.