Detailed answer — How Maryland treats wrongful death recoveries and a decedent’s will
Under Maryland law, proceeds recovered for wrongful death do not simply “follow” the decedent’s Last Will and Testament. Maryland separates two different claims that can arise when a person is killed by another’s wrongful act:
- Wrongful death damages: These are damages for the losses suffered by the survivors (for example, loss of support, loss of companionship, and certain financial losses). A wrongful death action is brought by the decedent’s personal representative for the benefit of the surviving spouse, children, or other statutory beneficiaries. The Maryland wrongful death statute governs who benefits and how damages are apportioned. See Md. Code, Courts & Judicial Proceedings § 3-904: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=CJ§ion=3-904.
- Survival action damages: These are claims that the decedent could have pursued during life (for example, compensation for pain and suffering before death, lost earnings the decedent would have collected, and medical expenses incurred before death). Survival action recoveries are treated as assets of the decedent’s estate and therefore move through the estate administration process. They pass according to the decedent’s will if the will is valid, or under Maryland’s intestacy rules if there is no valid will.
Because Maryland separates wrongful death and survival claims, the effect of a will depends on which recovery you are discussing:
- If the recovery is for wrongful death under the wrongful death statute, the money is for the benefit of the decedent’s statutory survivors and is allocated under the wrongful death rules — not simply given out according to the decedent’s will.
- If the recovery is for items that survived the decedent (a survival action), those proceeds are estate assets and will pass under the will (or by intestacy if there is no valid will).
Practical example (hypothetical): A person dies in a car crash. The personal representative sues. The lawsuit seeks:
- $200,000 for the deceased’s pre-death pain and medical bills (a survival claim).
- $800,000 for the family’s loss of support and companionship (a wrongful death claim).
If the case settles for $1,000,000, the court and parties will normally need to allocate how much of the settlement corresponds to survival damages versus wrongful death damages. The $200,000 survival portion becomes part of the estate and would pass per the will; the $800,000 wrongful death portion is distributed under Maryland’s wrongful death procedures and statutes to the survivors identified by statute, regardless of the decedent’s will.
Who actually receives wrongful death money in Maryland?
Maryland law requires the personal representative to bring the wrongful death action for the benefit of the surviving spouse and next-of-kin, and the court or jury will determine damages that are to be apportioned among survivors according to justice and the statute. Md. Code, Courts & Judicial Proceedings § 3-904 explains the wrongful death recovery framework and how damages are to be applied for the benefit of surviving persons. Md. Code, Cts. & Jud. Proc. § 3-904.
Other practical points under Maryland law
- The personal representative controls filing and settlement of the wrongful death and survival claims. A settlement typically requires the personal representative’s authority; sometimes the court must approve the settlement to protect the heirs and beneficiaries.
- Allocation matters: Settlement agreements should document how much is paid for survival damages and how much for wrongful death damages. That allocation affects who ultimately receives the funds.
- Creditors and estate administration: Survival-action proceeds, as estate property, may be used to satisfy estate debts before distribution to beneficiaries. Wrongful death distributions are intended to compensate survivors and are handled under the wrongful death statute; creditors’ claims against the estate generally do not consume wrongful death awards the same way they consume estate assets, but specific circumstances can vary.
- Minor children and guardianships: If wrongful death funds will be paid to minor heirs or beneficiaries, the court may require a guardianship, conservatorship, or structured settlement to protect those minors’ interests.
When a will matters and when it does not
Summary:
- Will matters for survival-action proceeds (they are estate assets).
- Will does not determine distribution of wrongful death damages — those are governed by the wrongful death statute and the court’s apportionment for the survivors.
If a dispute arises about who should receive wrongful death proceeds, the matter may require litigation or court oversight. Courts look to the wrongful death statute, the facts about family relationships, and the decedent’s losses when deciding distribution.
Helpful hints — Practical steps for Maryland families
- Act quickly: wrongful death and survival claims have firm timelines. Contact an attorney promptly to preserve claims.
- Identify the personal representative: The personal representative (executor/administrator) files and settles claims. If one is not yet appointed, get probate started.
- Get documented allocations in any settlement: Make the settlement agreement explicit about what portion is survival versus wrongful death to avoid later fights over whether the will controls.
- Gather key documents: death certificate, will and codicils, marriage certificate, birth certificates for children, social security numbers, medical bills, and paystubs showing support/loss of income.
- Consider court approval when minors or vulnerable adults are beneficiaries: Courts often protect minor beneficiaries by requiring special handling of proceeds.
- Ask about creditor exposure: If survival proceeds are part of the estate, they may be exposed to estate creditors. Ask an attorney how to protect wrongful death funds intended for survivors.
- Talk to a Maryland wrongful death attorney before agreeing to a settlement: An experienced Maryland attorney can help allocate proceeds properly and explain how the will and Maryland statutes interact.
Helpful Maryland statute references: Maryland’s wrongful death statute — Md. Code, Courts & Judicial Proceedings § 3-904 — describes who may bring a claim and how damages are applied for the benefit of survivors. See: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=CJ§ion=3-904. For general court guidance on wrongful death procedures you can also consult the Maryland Courts’ legal help materials: https://www.mdcourts.gov/sites/default/files/import/legalhelp/wrongfuldeath.pdf.