Detailed Answer
Under Georgia law, proceeds recovered in a wrongful death action do not automatically pass according to the decedent’s Last Will and Testament. Georgia treats a wrongful death lawsuit as a statutory cause of action created for the benefit of particular survivors or distributees. A wrongful death recovery is apportioned to those beneficiaries identified by the wrongful death statute rather than distributed according to whatever the decedent wrote in a will.
Key legal points:
- Who brings the claim: In Georgia, the decedent’s personal representative normally brings the wrongful death action on behalf of the estate and for the benefit of certain survivors. See O.C.G.A. Title 51, Chapter 4 (wrongful death statutes). For the statute text, see: O.C.G.A. Title 51, Chapter 4.
- Who benefits: The wrongful death statute specifies which persons receive the money from a wrongful death recovery (for example, spouse and children, or if none, parents, etc.). Because the statute identifies the intended recipients, the recovery follows that statutory distribution rather than the decedent’s will.
- Difference from survival claims: A survival action (a claim the deceased could have brought before death for the person’s own loss, such as pre-death pain and suffering or medical expenses) generally becomes an asset of the decedent’s estate. Those proceeds typically pass according to the decedent’s will or, if there is no valid will, by Georgia’s intestacy rules. For Georgia intestacy rules, see: O.C.G.A. Title 53, Chapter 2.
- Settlements and court approval: Settlements of wrongful death cases are often approved by a court before distribution to ensure the settlement is fair and the statutory beneficiaries are protected. The court supervises distribution under the wrongful death statute.
Short illustrative hypotheticals:
- Spouse vs. will: If a decedent’s will leaves everything to a friend but the decedent’s spouse and children survive, a wrongful death recovery will be distributed to the spouse and children according to the wrongful death statute — the will does not override that distribution.
- Survival claim vs. wrongful death: Suppose the decedent suffered severe medical expenses and pain before death and the family sues. Damages for medical bills and pain that accrued before death may be part of a survival claim and thus become estate assets (passing under the will or intestacy). Damages awarded specifically for the survivors’ loss of support and companionship are wrongful death damages and are distributed under the wrongful death statute.
Practical legal references:
- Wrongful death statutory framework: O.C.G.A. Title 51, Chapter 4 — see https://www.legis.ga.gov/ga-laws/ocga/51/4.
- Georgia intestacy (how estates pass without a will): O.C.G.A. Title 53, Chapter 2 — see https://www.legis.ga.gov/ga-laws/ocga/53/2.
If you want to know precisely how a particular recovery would be split, you typically need to look at three things: (1) whether the claim is a wrongful death claim or a survival claim (or both), (2) who the statutory distributees are under the wrongful death statute, and (3) whether a settlement or court judgment specifies allocation between wrongful death and survival elements.
Helpful Hints
- Identify the plaintiff: Confirm whether the personal representative has filed the wrongful death claim. The personal representative acts for the estate in wrongful death suits.
- Separate claims: Ask whether the case includes both wrongful death and survival claims. Those categories affect who gets which parts of a recovery.
- Keep financial records: Collect evidence of the decedent’s financial support to survivors (pay stubs, tax returns, household expenses). This helps prove pecuniary loss for wrongful death distribution.
- Review any settlement carefully: Settlement documents should state how proceeds are allocated (wrongful death vs. survival) and how distributions will be made to survivors. Don’t sign without understanding allocation and distribution terms.
- Consult an attorney early: A Georgia wrongful death attorney can explain how state statutes apply to your facts, negotiate allocation between claims, and protect statutory beneficiaries’ rights. If you represent beneficiaries, contact an attorney to make sure your share is properly considered before settlement approval.
- Check court approval: Courts often approve wrongful death settlements. Ask your attorney whether the court reviewed and approved the settlement and distribution plan.
- Understand timelines: Statutes of limitation and probate timelines affect when claims must be filed and when distributions occur. Act promptly to preserve rights.
Next Steps
If you are involved in a wrongful death matter in Georgia: locate the personal representative, collect documentation of financial contributions and losses, and consult a Georgia attorney experienced in wrongful death and probate to review settlement terms and explain distribution rules under O.C.G.A. Title 51, Chapter 4 and Title 53, Chapter 2.
Disclaimer: This article provides general information about Georgia law and does not constitute legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Georgia attorney.