Detailed Answer

Short answer: Under Washington law, wrongful death damages and claims can be treated differently depending on the type of claim. Money recovered through a wrongful death action generally is distributed for the benefit of the decedent’s statutory survivors (spouse, children, and other next of kin) under the wrongful death statutes. By contrast, a separate survival action (damages the decedent would have recovered had they lived) is treated as an asset of the decedent’s estate and normally passes according to the decedent’s will or by intestacy.

How Washington law separates wrongful death and survival claims

Washington recognizes two distinct kinds of civil claims when a person dies because of someone else’s conduct:

• A wrongful death action asserted to compensate certain surviving family members for their loss of support, companionship, and related pecuniary loss. The cause of action exists for the benefit of designated survivors and is governed by the wrongful death statutes. See Washington’s wrongful death chapter: https://app.leg.wa.gov/rcw/default.aspx?cite=4.20.
• A survival action (sometimes called a decedent’s cause of action that survives death), which is the claim the decedent could have pursued personally for their own pain, suffering, medical bills, lost earnings before death, and related losses. Those proceeds are estate property and usually pass under the decedent’s will or by intestacy.

Who brings the claim and how proceeds are handled

In Washington, the personal representative (executor or administrator) of the decedent’s estate normally brings both types of claims on behalf of the estate and the statutory beneficiaries. The wrongful death statute sets out who may benefit; the recovery for wrongful death is allocated to those beneficiaries rather than simply becoming a part of the residuary estate that a will disposes of. See the wrongful death chapter: https://app.leg.wa.gov/rcw/default.aspx?cite=4.20.

Practical effect: will vs. statute

Because wrongful death damages are intended to compensate surviving family members for their losses, they are not always distributable under the decedent’s will. In most cases, the portion of any recovery that is properly characterized as wrongful-death damages is distributed to statutory beneficiaries under the wrongful death provisions. The portion of recovery that represents the decedent’s own losses (survival action) becomes estate property and passes under the will or by intestacy law (see Washington intestacy chapter: https://app.leg.wa.gov/rcw/default.aspx?cite=11.04).

Hypothetical example

Imagine a person (Alex) dies in a car collision. Alex left a will that leaves all assets to a sibling. Alex’s spouse brings a wrongful death action. If the recovery is split into (A) compensation for Alex’s pain and suffering before death and (B) compensation for the spouse’s loss of support and companionship, then:

1. Payment for (A) (survival damages) is an asset of Alex’s estate and, once recovered, is distributed under Alex’s will (so the sibling could receive that portion).
2. Payment for (B) (wrongful death damages) is intended for the statutory survivors (for example, the spouse and children) and is distributed under the wrongful death statute—not necessarily under Alex’s will.

Other important procedural points

• The personal representative must typically bring the action on behalf of the estate and the beneficiaries. The court may approve settlements and determine distribution if parties disagree.
• Different deadlines and procedural rules apply. Check Washington’s statute of limitations chapter: https://app.leg.wa.gov/rcw/default.aspx?cite=4.16.
• If the estate or beneficiaries disagree about allocation between survival and wrongful death claims, the court may decide how to divide recovery or approve settlements that allocate proceeds between the estate and beneficiaries.

Where to look in the statutes

• Wrongful death statute (Washington): https://app.leg.wa.gov/rcw/default.aspx?cite=4.20
• Intestate succession (how estate property passes if there is no valid will): https://app.leg.wa.gov/rcw/default.aspx?cite=11.04
• Washington statute of limitations chapter: https://app.leg.wa.gov/rcw/default.aspx?cite=4.16

Bottom line: Do wrongful death proceeds pass according to the decedent’s will? Generally no for the portion characterized as wrongful death damages—the statute directs distribution to survivors. But proceeds that represent the decedent’s own predeath losses (survival action) are estate assets and normally pass under the will or by intestacy.

Disclaimer

This is general information about Washington law and is not legal advice. For advice about a specific situation, contact a licensed Washington attorney who handles wrongful death and probate matters.

Helpful Hints

• Identify the personal representative early; they usually file and manage wrongful death and survival claims.
• Understand the two claims: survival (estate asset) vs. wrongful death (benefit to survivors).
• Collect key documents: the decedent’s will, death certificate, medical records, bills, payroll records, and evidence of family relationships.
• Check deadlines: statutes of limitations can bar claims if you wait too long—consult an attorney promptly. See: https://app.leg.wa.gov/rcw/default.aspx?cite=4.16.
• If a settlement is proposed, confirm how it allocates recovery between the estate and statutory beneficiaries in writing and, if necessary, seek court approval.
• When in doubt about allocation or intestacy complications, talk with an attorney experienced in both wrongful death and probate matters.