Detailed Answer
Short answer: Under Iowa law, wrongful-death proceeds generally do not pass under the decedent’s Last Will and Testament. Instead, Iowa’s wrongful-death statute creates a separate, statutory recovery for certain survivors; the statute determines who benefits and how damages are divided. See Iowa’s Wrongful Death Act (Iowa Code chapter 613A) for the controlling rules: https://www.legis.iowa.gov/.
How wrongful-death claims differ from the estate and the will
There are two different kinds of post-death tort claims to know about:
- Survival action: This claim is the decedent’s own cause of action that “survives” the decedent and becomes part of the estate. Survival damages (for the decedent’s pain and suffering, medical bills, lost earnings before death, etc.) typically belong to the estate and are distributed according to the will or, if there is no will, according to intestacy rules.
- Wrongful-death action: This is a statutory cause of action brought on behalf of the decedent’s survivors (often spouse, children, or dependent relatives). Wrongful-death damages compensate survivors for their pecuniary loss resulting from the death. These damages are governed by the wrongful-death statute and are allocated to the persons the statute identifies—not simply to whomever the decedent named in a will.
What Iowa law says
Iowa’s Wrongful Death Act creates a cause of action for death caused by another’s wrongful act, neglect, or default and specifies who may bring the action and who benefits from recovery. Because the wrongful-death right is statutory, the statute controls distribution of wrongful-death proceeds. In contrast, the decedent’s will controls distribution of estate assets and of survival-action proceeds that belong to the estate. For the exact statutory wording and requirements, review Iowa’s wrongful-death provisions at the Iowa Legislature website: https://www.legis.iowa.gov/ (search for “Chapter 613A” or “wrongful death”).
Practical examples (hypotheticals)
Example 1 — Surviving spouse vs. will beneficiary: A decedent leaves a will leaving everything to a charity. The decedent’s spouse later sues for wrongful death and recovers damages. Under Iowa law the spouse (or other beneficiaries named by statute) will normally be the intended beneficiary of the wrongful-death recovery; the charity named in the will does not automatically receive wrongful-death proceeds simply because it inherited the decedent’s estate under the will.
Example 2 — Survival claim vs wrongful death: If the decedent personally suffered medical expenses and lost earnings before death, those survival damages are part of the decedent’s estate and will pass under the will (or by intestacy). But the separate wrongful-death award for the family’s pecuniary loss will be governed and distributed under the wrongful-death statute.
Who can bring the suit and who receives the money
Iowa law specifies who may sue and who benefits from a recovery. Typically a personal representative (executor or administrator) files the action on behalf of statutory beneficiaries. The statute directs the allocation of the recovery among the surviving spouse, children, and possibly other dependents. That statutory allocation, not the decedent’s will, determines how wrongful-death damages are paid out.
Key consequences to keep in mind
- Do not assume a will override: A decedent’s will generally does not override the statutory rights of wrongful-death beneficiaries.
- Different pots of money: Estate assets (including survival-action awards) and wrongful-death awards are often treated differently for distribution and creditor purposes.
- Executor vs. beneficiaries: The personal representative often handles procedural tasks, but the statute controls who gets wrongful-death proceeds.
Where to read the statute
For the authoritative statutory text, search the Iowa Code on the Iowa Legislature website and review the chapter and sections titled for wrongful death (commonly found under Chapter 613A). The official website is: https://www.legis.iowa.gov/.
How to proceed if you’re involved
- Identify the type of claim: survival action (estate) vs wrongful death (statutory beneficiaries).
- Contact the personal representative: If you are a beneficiary or the executor, coordinate with the estate’s personal representative about claims and timing.
- Preserve evidence and medical records: Document the facts that caused the death and any economic losses to survivors.
- Talk to a lawyer who handles wrongful death in Iowa: A lawyer can explain whether damages will be estate property or statutory wrongful-death proceeds and can help protect your rights.
Helpful Hints
- Ask whether the claim is a survival action or a wrongful-death action — the difference affects who gets paid.
- Keep the estate’s executor/personal representative informed; that person often must start or join claims.
- Gather financial records showing the survivors’ pecuniary losses (income, household contributions, funeral expenses).
- Check the wrongful-death statute promptly — there are deadlines (statutes of limitation) for filing claims.
- Do not assume your loved one’s will controls all money after death; statutory claims can override testamentary gifts for wrongful death proceeds.
- If beneficiaries dispute distribution, consider mediation or legal counsel — courts will apply the statute to resolve disputes.