Detailed answer — how wrongful death proceeds are handled in Idaho

Short answer: Generally no. In Idaho, a wrongful death claim is a statutory cause of action brought for the benefit of the decedent’s surviving family members. Those wrongful-death damages are governed by Idaho’s wrongful death law and usually do not pass through the decedent’s Last Will and Testament. However, there are important exceptions and related rules you should understand.

Two different claims — why it matters

There are two separate legal sources of recovery when someone dies because of another’s wrongful act:

• Wrongful death action — a statutory claim brought for the benefit of certain survivors (for loss of support, loss of companionship, and related damages). The recovery is meant to compensate the survivors and is distributed under the wrongful-death statute.
• Survival action (estate claim) — a claim the decedent could have brought for the decedent’s own losses before death (for example, medical expenses, lost earnings incurred before death, pain and suffering prior to death). Those recovery amounts are part of the decedent’s estate and generally pass according to the decedent’s will or through intestate succession if there is no will.

Who brings a wrongful death claim in Idaho?

Under Idaho law, the personal representative (executor or administrator) of the decedent’s estate typically brings the wrongful death action on behalf of the statutory beneficiaries. Recovery is then distributed to those beneficiaries as the statute directs. Because the claim exists for the benefit of living survivors, the distribution follows the statute rather than the decedent’s will.

Who receives wrongful death proceeds?

Idaho’s wrongful death statute identifies who may benefit from a wrongful death recovery (usually the spouse, children, and in some cases parents or other dependents). If qualified survivors exist, the statute governs allocation among them. If no statutory beneficiaries exist, courts may direct that recovery passes to the estate, and then the will (or intestacy law) will determine who gets those funds.

Examples (hypothetical facts)

Example 1: The decedent had a surviving spouse and children. The personal representative sues and recovers $500,000 in wrongful-death damages. Under Idaho’s wrongful death rules, that $500,000 is distributed to the statutory survivors (spouse and children) as provided by statute — it does not become property of the estate to be distributed under a will that leaves everything to the decedent’s sister.

Example 2: The decedent had no surviving spouse, no children, and no parents. The personal representative recovers wrongful-death damages. Because there are no statutory beneficiaries, the court may direct that recovery goes to the estate. In that limited situation, the decedent’s will (or intestate succession rules) controls who ultimately receives the money.

Attorney fees, liens, and settlement allocation

Contingent attorney fees, medical liens, funeral bills, and costs are normally paid from the recovery before distribution to beneficiaries. Courts may decide how to allocate a settlement between wrongful-death damages (benefitting survivors) and survival/estate damages (belonging to the estate). That allocation affects what passes under a will.

Timing and deadlines

Wrongful death claims are subject to statute-of-limitations rules. In practice, you must act promptly. If you are a potential beneficiary or the personal representative, consult a lawyer as soon as possible to avoid losing the right to sue.

Relevant statute (where to read the law)

Idaho’s wrongful death statutes set out who may sue, who benefits, and how damages are distributed. You can read Idaho’s statutes and chapter information at the Idaho Legislature website: https://legislature.idaho.gov/statutesrules/. The wrongful death provisions are located in the Idaho Code chapter that governs actions for wrongful death; the survival-of-action provisions and probate rules are in nearby probate and civil procedure chapters.

Bottom line

Wrongful-death proceeds in Idaho primarily benefit statutory survivors and are distributed according to wrongful-death law, not the decedent’s will. Survival-action recoveries (for the decedent’s own pre-death losses) become part of the estate and do pass by will or by intestacy. If there are no statutory wrongful-death beneficiaries, wrongful-death recovery may instead become part of the estate and thus be governed by the will.

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Idaho attorney.

Helpful hints — what to do next

• Contact the personal representative or executor immediately if you believe you are an eligible surviving beneficiary.
• Talk to an Idaho attorney who handles wrongful death and probate to sort out whether a claim is wrongful death, survival, or both.
• Gather key documents: death certificate, marriage certificate, birth certificates of children, the decedent’s will, medical bills, and accident reports.
• Keep records of funeral expenses, lost income, and bills; these may affect survival or estate claims.
• Ask how a settlement will be allocated between wrongful death and survival claims and how attorney fees and liens will be handled.
• Be mindful of deadlines; statutes of limitations can bar claims if you wait too long.
• If you are a will beneficiary but not a statutory wrongful-death beneficiary, understand that you may not receive wrongful-death proceeds unless there are no statutory survivors.