Detailed answer — who receives wrongful death money in New Jersey?

In New Jersey, wrongful death claims and estate (survival) claims are separate legal categories. That separation determines whether money from a death-related lawsuit or settlement is distributed according to the decedent’s will or according to statute.

1) Wrongful death claims (damages for survivors)

Damages recovered for wrongful death — typically compensation for loss of support, loss of guidance, loss of companionship, and similar damages suffered by the decedent’s survivors — are governed by New Jersey’s Wrongful Death Act (N.J.S.A. 2A:31-1 et seq.). These proceeds are intended for the decedent’s surviving family members (heirs), not for the decedent’s estate. In practical terms, wrongful death proceeds do not pass under the decedent’s Last Will and Testament. Instead, the statute specifies who is entitled to share in those damages.

See the Wrongful Death Act: N.J.S.A. 2A:31-1 et seq. (New Jersey Legislature).

2) Survival actions and damages that belong to the estate

Separate from wrongful death is the survival action. A survival claim seeks recovery for the decedent’s own losses that existed at the time of death (for example, the decedent’s pre-death pain and suffering, medical expenses incurred before death). These recovery amounts belong to the decedent’s estate. Because they are estate assets, they are distributed through probate and therefore do pass according to the decedent’s will (if there is one) or by intestacy rules if there is no valid will.

See the survival-of-action provisions (often cited together with wrongful death statutes): N.J.S.A. 2A:15‑3 and related provisions (New Jersey Legislature).

3) Who sues and who receives money?

Either the personal representative (executor/administrator) of the decedent’s estate or a party authorized under the Wrongful Death Act will bring the action. The wrongful death statute controls distribution of the wrongful death recovery among the surviving spouse, children, and other next of kin. The personal representative handles survival-action recoveries for the estate and then follows the will or intestacy to distribute those funds.

4) Practical result

• If a jury award or settlement expressly compensates survivors for loss of support and companionship, that portion will typically be paid to the survivors under the distribution rules in the Wrongful Death Act — not to whoever the decedent named in the will.
• If the award or settlement compensates the decedent’s own losses (pain and suffering, lost wages the decedent would have earned before death, medical bills incurred before death), that portion is part of the estate and will be distributed under the will or by intestacy.
• Because settlements can combine different types of damages, settlement documents should state how funds are allocated between wrongful death (survivor) claims and survival (estate) claims. That allocation matters for distribution, tax, and lien issues.

Key New Jersey statutory references

Primary statutory authority is the New Jersey Wrongful Death Act. For the exact statutory language and procedural details consult the New Jersey Legislature site:

• N.J.S.A. 2A:31-1 et seq. (Wrongful Death Act) — New Jersey Legislature
• N.J.S.A. 2A:15-3 and related survival-action provisions — New Jersey Legislature

These provisions explain who may bring an action, what damages are recoverable, and how wrongful death recoveries are allocated among survivors.

Helpful hints — what you should do and watch for

• Contact the decedent’s personal representative (executor/administrator) right away. That person typically controls estate claims and may need to start or approve litigation.
• Preserve evidence: keep accident reports, medical records, bills, photographs, and witness names. These support both survival and wrongful death claims.
• When negotiating a settlement, insist on a written allocation showing what portion of the money resolves wrongful death (survivors) claims and what portion resolves survival (estate) claims. That allocation determines who receives each portion.
• Check for liens. Medical providers, Medicare/Medicaid, or insurers may have subrogation or lien rights against portions of a recovery. That can reduce the amount distributed to survivors or the estate.
• Be aware of timing. New Jersey law imposes time limits to file claims. Speak with counsel quickly so you do not miss deadlines.
• If minors inherit, the court may require a guardian or blocked account to manage their share. The court handles distribution safeguards for minor beneficiaries.
• Talk to a New Jersey lawyer experienced in wrongful death and probate. The overlap between estate administration and survivor claims makes early legal advice valuable.