Short answer: You can try to enforce a valid oral agreement about splitting wrongful death money, but enforcement depends on who legally controls the claim, whether the agreement is legally enforceable, the available evidence, and applicable time limits. If parties cannot resolve the dispute, the usual next steps are negotiation or mediation, a breach-of-contract lawsuit, or a probate court petition to determine distribution or for an accounting.

Detailed answer

1. Who has the legal right to the wrongful death recovery?

Under California law, the wrongful-death recovery is meant to compensate certain survivors (surviving spouse, domestic partner, children, issue of deceased children, and if none of those, then parents). The statute identifying who may recover is California Code of Civil Procedure section 377.60: CCP §377.60. That statute controls who can bring or share in a wrongful death action. A personal representative or assignee may also get involved for distribution or settlement, depending on the circumstances.

2. Are oral agreements to divide proceeds enforceable?

Oral agreements can be enforceable in California, but courts evaluate them like any contract. Key questions include whether there was a clear mutual agreement on essential terms (who gets what share), whether the agreement is barred by the Statute of Frauds, and whether there is enough admissible evidence to prove the agreement.

California’s Statute of Frauds (Civil Code section 1624) requires some types of agreements to be in writing (for example, certain transfers of real estate or contracts that cannot be performed within one year). See Cal. Civ. Code §1624. An agreement merely dividing money from a tort recovery will not automatically fall into those categories, but facts can vary, so written agreements are always safer.

3. What kinds of evidence will a court consider?

To enforce an oral agreement, gather everything that corroborates the deal:

• Contemporaneous emails or text messages confirming the conversation.
• Witness testimony from people who heard the agreement or were present at the negotiation.
• Partial performance — for example, a party already received and transferred funds consistent with the oral deal.
• Bank records showing payments or distributions consistent with the agreement.
• Settlement documents, releases, or a recorded court order showing who received funds.

Note: California is generally a two-party consent state for recording confidential communications. Secret recordings may be inadmissible or create criminal exposure. See California Penal Code section 632 for restrictions: Pen. Code §632.

4. Practical enforcement and dispute routes

Common steps to enforce or dispute the oral agreement include:

1. Demand letter and negotiation. Send a clear written demand explaining the claimed agreement, the requested distribution, and a deadline to respond. This sometimes resolves the dispute without court intervention.
2. Mediation or settlement conference. Many probate and civil matters settle in mediation. Mediation is faster and less expensive than litigation.
3. Breach of contract lawsuit. If negotiations fail, a party can sue for breach of contract. For an oral contract, the statute of limitations is typically shorter: California’s limitation for actions on an oral contract is two years. See Code of Civil Procedure section 339: CCP §339.
4. Probate court petition. If the wrongful death proceeds were paid into an estate, or if a personal representative controls distribution, interested persons can petition probate court for instructions, an accounting, or an order dividing the funds. Probate courts have tools to resolve disputes among beneficiaries and to approve or reject compromises affecting the estate.
5. Equitable claims. If the written proof of an oral deal is weak, you may pursue related equitable remedies (constructive trust, unjust enrichment, or accounting) depending on the facts and whether parties were unjustly enriched by receiving funds contrary to an agreement.

5. Time limits that matter

Two time limitations commonly affect these disputes:

• Wrongful-death claim limitations: A wrongful-death action has its own statute of limitations (often two years from the date of death for many wrongful death claims). See Code of Civil Procedure section 335.1: CCP §335.1. If the underlying claim was already settled, that statute is less directly relevant than any deadlines to challenge the settlement itself.
• Contract limitation: A claim on an oral contract is commonly subject to a two‑year limitation (CCP §339). If you wait too long to sue, the court can dismiss your claim as time-barred.

6. Special issues to watch for

• If a court or the personal representative approved a settlement and distributed funds, it becomes harder to unwind that distribution.
• If parties signed a release in exchange for settlement money, that release may bar later claims—carefully review any release language and who signed it.
• If someone accepted funds and agreed orally to share them, but then refused to pay, courts may enforce that oral promise if evidence exists (or apply equitable remedies).
• Recording conversations without required consent can be illegal and may make evidence inadmissible.

7. Likely outcomes and remedies

Potential remedies include money damages (to force a party to pay the promised share), a constructive trust (to force funds to be held for the rightful recipients), or an accounting and court-ordered distribution. Courts decide based on the evidence, the governing law, and equitable considerations.

8. What to do first — step-by-step checklist

1. Identify who has legal control of the claim or funds (personal representative vs. beneficiaries).
2. Collect all written communications, witnesses, bank records, and any partial performance evidence.
3. Send a clear written demand laying out the oral agreement and requesting compliance.
4. Consider mediation or a settlement conference to avoid costly litigation.
5. If unresolved, consult an attorney promptly to preserve rights and meet limitations periods. Your attorney can advise whether to litigate in civil court or file a probate petition.

Helpful Hints

• Get everything in writing. Written settlement agreements prevent most disputes.
• Act quickly—statutes of limitation for oral contracts are short. Don’t wait until the deadline is near.
• Preserve evidence now: emails, texts, witnesses, bank records, settlement documents, and any proof of payment or partial compliance.
• Be cautious with recordings. California generally requires all-party consent to record confidential communications. See Pen. Code §632.
• If funds are held by a personal representative or in probate, seek court guidance or a petition for instructions to get a definitive distribution order.
• Try mediation before suing. It is faster and less expensive than litigation and often preserves relationships among family members.
• Consult a lawyer experienced in wrongful death, probate, and contract disputes. They can advise which forum (civil court or probate court) best fits your case.