Detailed Answer — How Rhode Island law treats wrongful death and survival proceeds

Short answer: Generally no. Under Rhode Island law, damages recovered in a wrongful death action belong to the decedent’s statutory beneficiaries (spouse, children, parents, or other next of kin specified by statute) and are not distributed according to the decedent’s will. By contrast, a separate survival action (claims the decedent could have brought while alive — for example, pain and suffering or lost earnings prior to death) belongs to the decedent’s estate and typically passes according to the decedent’s will or the rules of intestacy.

Why the difference matters: Rhode Island recognizes two related but distinct claims after a death caused by another’s misconduct.

1. Wrongful death action. This action exists to compensate surviving family members for their own losses resulting from the decedent’s death (loss of support, loss of companionship, and related harms). The damages recovered in a wrongful death suit are for the benefit of the statutory beneficiaries and not the general estate. See R.I. Gen. Laws, Ch. 10-7. For the statute that creates and governs wrongful death actions, see R.I. Gen. Laws § 10-7-1: https://webserver.rilin.state.ri.us/Statutes/TITLE10/10-7/10-7-1.HTM.
2. Survival action. A survival action lets the decedent’s own claims (such as conscious pain and suffering before death or the decedent’s lost earnings) survive and be prosecuted by the personal representative. Proceeds from a survival action go into the decedent’s estate and are distributed under the will or, if there is no valid will, under Rhode Island’s intestacy rules.

Practical outcome: If the decedent left a will that names beneficiaries, that will generally control property that was part of the decedent’s estate at death (including proceeds from a survival action). But wrongful death damages awarded for the statutory beneficiaries’ losses are distributed according to the wrongful death statute and do not pass under the will.

Key Rhode Island statutes to review:

• Wrongful death — R.I. Gen. Laws § 10-7-1: https://webserver.rilin.state.ri.us/Statutes/TITLE10/10-7/10-7-1.HTM
• Distribution and other provisions under the wrongful death chapter — see related sections in R.I. Gen. Laws, Title 10, Chapter 10-7: https://webserver.rilin.state.ri.us/Statutes/TITLE10/10-7/
• Statute of limitations for tort actions (useful for timing): R.I. Gen. Laws § 9-1-14 (commonly sets the time limits for injury actions): https://webserver.rilin.state.ri.us/Statutes/TITLE9/9-1/9-1-14.HTM

Because statutory language and case law can control specific distribution rules and who qualifies as a beneficiary, you should review the wrongful death chapter closely or consult counsel to understand how the statute applies to your facts.

Common Example (hypothetical facts)

Hypothetical: Alice dies in a car crash caused by another driver. Alice left a will leaving all assets to her sister. Alice also leaves a spouse and two children.

• A wrongful death claim brought for the family’s loss of support and companionship would produce damages for the spouse and children under Rhode Island wrongful death law. Those damages would not go to Alice’s sister under the will.

• If Alice had a survival claim for severe pain and suffering she endured before dying, any recovery on that claim would belong to Alice’s estate. The personal representative would collect it and then distribute it according to Alice’s will (which could mean Alice’s sister receives those funds).

Helpful Hints

• Distinguish the two claims: wrongful death (for survivors) vs survival (for the decedent’s estate). The answer to whether proceeds pass under a will depends on which claim produced the recovery.
• Act promptly: statutes of limitations can bar claims. Check timelines right away — missing a deadline can permanently forfeit rights. See R.I. Gen. Laws § 9-1-14 for general tort limitations.
• Who can file: Rhode Island wrongful death statutes set who may bring suit (often the personal representative on behalf of statutorily entitled survivors). Confirm the statute and local rules before filing.
• Settlement choices matter: a settlement can affect distribution and tax consequences. Get legal advice before you accept an offer.
• Keep records: proof of relationship, financial dependence, funeral costs, and medical bills strengthens claims and helps allocate recovery.
• Talk to both a probate attorney and a wrongful death/torts attorney if the case involves both estate and survivor issues — the two areas interact and both affect distributions.