Detailed Answer — How Nevada treats wrongful death proceeds
Short answer: In Nevada, wrongful death proceeds generally do not pass according to the decedent’s Last Will and Testament. Instead, Nevada’s wrongful death statute creates a cause of action for the benefit of certain survivors; recovery is distributed under the wrongful-death law to those statutory beneficiaries. By contrast, certain claims that survive the decedent (called survival or estate claims) can become estate assets and therefore may be distributed according to a will or by intestacy.
What Nevada law says
Nevada’s wrongful death provisions are found in Chapter 41 of the Nevada Revised Statutes. The wrongful death statute specifies who may bring an action and how damages are intended to compensate surviving family members. See Nevada Revised Statutes, Chapter 41: https://www.leg.state.nv.us/NRS/NRS-041.html. In practice, that means recovery for wrongful death claims belongs to the persons the statute protects (typically the spouse, children, parents, and other statutory beneficiaries), not to the decedent’s estate under a will.
Wrongful death vs. survival (estate) claims — why the difference matters
Two distinct theories can arise after a person dies because of someone else’s negligence or wrongful act:
- Wrongful death claims — These are actions brought for the benefit of the decedent’s survivors to compensate for their losses (loss of financial support, loss of companionship, grief, funeral and burial expenses, etc.). Those proceeds are distributed according to the wrongful-death statute and to the statutory beneficiaries named there, not under the decedent’s will.
- Survival actions (estate claims) — These are claims the decedent could have brought while alive (for example, the decedent’s pre-death pain and suffering, medical expenses incurred before death, or loss of earnings up to the time of death). Proceeds from survival actions typically belong to the decedent’s estate. Estate property is distributed under the decedent’s will or, if there is no valid will, under Nevada’s intestacy rules.
Practical consequences
- If a personal representative (executor) settles or litigates a case, settlements will often allocate money between wrongful-death damages (for survivors) and survival/estate damages (for the estate). The allocation affects who ultimately receives which portion.
- You cannot rely solely on a will to direct distribution of wrongful-death recovery. Even if a will leaves everything to a particular person, the wrongful-death portion goes to the statutory beneficiaries under the wrongful-death statute.
- If a decedent has no surviving statutory beneficiaries eligible under the wrongful-death law, the statute provides for how recovery is handled; consult Chapter 41 of the NRS for specifics: https://www.leg.state.nv.us/NRS/NRS-041.html.
Who normally receives wrongful death proceeds in Nevada?
Under Nevada’s wrongful death scheme, recovery is intended for those who suffered losses because of the death, primarily close family members designated by statute. The exact list of eligible beneficiaries and the order of priority are governed by the wrongful-death statute. See: Nevada Revised Statutes, Chapter 41: https://www.leg.state.nv.us/NRS/NRS-041.html.
Steps you should take if you’re involved
- Preserve evidence and obtain medical and accident records.
- Identify whether you are pursuing a wrongful-death claim (for survivors) or a survival claim (for the estate), or both.
- If you are a personal representative, coordinate with family members about claims and possible allocations between wrongful death and survival damages.
- Talk with an attorney experienced with Nevada wrongful death and probate law quickly — these matters involve procedural rules and strict deadlines.
Helpful Hints
- Remember the difference: wrongful death proceeds benefit survivors (statutory beneficiaries); survival-action proceeds become estate assets and can pass by will.
- Check Nevada’s wrongful-death statute (Chapter 41 of the NRS) for who may bring the action and how damages are allocated: https://www.leg.state.nv.us/NRS/NRS-041.html.
- Settlement documents should clearly state how settlement funds are allocated between wrongful death and survival claims to prevent disputes later.
- If you are a potential beneficiary, ask for an accounting of how a settlement is divided; allocations can change who receives what.
- Statutes of limitation and procedural rules apply. Do not delay speaking with counsel; missing a deadline can bar recovery.
- If you are a personal representative, be careful: settling without protecting estate claims can reduce the estate’s assets and affect distribution under the will.
Disclaimer: This article is informational only and does not constitute legal advice. It summarizes general principles of Nevada law and should not replace consultation with a licensed Nevada attorney about your specific situation.