Distributing Wrongful Death Proceeds in Idaho
Disclaimer: This article is for educational purposes only and does not constitute legal advice. I am not a lawyer.
Detailed Answer
Under Idaho’s Wrongful Death Act (Idaho Code Title 5, Chapter 3), a personal representative may pursue a claim for damages when a person’s death results from another’s wrongful act or negligence. Once the claim resolves by settlement or judgment, follow these steps to distribute proceeds:
- Appoint a Personal Representative. A court approves someone—often an heir or executor—to act under Idaho Code § 5-310. The representative files the claim, negotiates, and collects damages.
- Pay Authorized Expenses. Before distribution, deduct court costs, attorney fees and funeral expenses. Idaho Code § 5-311 permits reasonable deductions for expenses associated with bringing the action.
- Identify Legal Heirs. Idaho law directs distribution according to intestate succession under Idaho Code Title 15, Chapter 2. Idaho Code § 15-2-1001 (section 15-2-1001) ranks heirs in this order: surviving spouse, descendants (children or grandchildren), parents, siblings, grandparents, and others.
- Allocate Net Proceeds. Apply the following common scenarios:
- If only a surviving spouse exists, they receive 100%.
- If a spouse and one child survive, each receives 50%.
- If a spouse and multiple children survive, the spouse receives one-third and the children share two-thirds equally.
- If no spouse or descendants survive, parents share equally.
- If no parents, siblings share equally, and so on.
- Document and Close. Prepare a written accounting of distributions. File closing documents with the court to discharge the personal representative’s duties.
Helpful Hints
- Review the full Wrongful Death Act at Idaho Code Title 5, Chapter 3.
- Consult intestate succession rules in Idaho Code Title 15, Chapter 2.
- Keep detailed records of every expense and distribution.
- Consider hiring an estate or probate attorney if the heirship is contested or the estate is large.
- Obtain court approval for final distribution to avoid personal liability.