How to Distribute Wrongful Death Proceeds to Rightful Heirs in California
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under California law, wrongful death proceeds pass through a personal representative appointed by the court or named in a will. The representative collects proceeds from settlement or judgment, pays expenses and fees, then distributes the net sum to heirs. Distribution follows statutory priority under California Code of Civil Procedure § 377.60–377.62:
- Surviving Spouse or Domestic Partner: If the decedent leaves a spouse or registered domestic partner but no children or issue of children, the spouse takes the entire amount. (CCP § 377.60 link.)
- Surviving Children or Issue: If there is a spouse and one or more children, the proceeds split equally between the spouse (one-half) and the children (the other half), per stirpes. If no spouse survives, the entire amount goes to children or their descendants. (CCP § 377.61 link.)
- No Spouse or Children: If no spouse, domestic partner or issue survive, proceeds go to parents equally or to the surviving parent. If no parents, siblings or their issue inherit. (CCP § 377.62 link.)
Steps to follow:
- Confirm the personal representative has letters testamentary or administration.
- Gather documentation: death certificate, court order, beneficiary forms.
- Calculate net proceeds after attorney fees, costs and funeral expenses.
- Identify all heirs and their shares per CCP § 377.60–377.62.
- Prepare and circulate a proposed distribution plan for court approval or obtain beneficiary consent.
- Obtain a court order or receipt releases from heirs before distribution.
- Issue payments and file a final inventory and accounting with the court, if required.
Helpful Hints
- Review the decedent’s will; it may name a preferred distribution method or representative.
- Keep clear records of all expenses to avoid disputes over net proceeds.
- Notify all potential heirs even if they waive their right to proceed smoothly.
- If an heir is a minor, establish a blocked account or use a guardian to receive their share.
- Consider mediation to resolve contested heirship before court involvement.