Overview

Wrongful death proceeds arise from a claim brought under South Carolina law for a death caused by another party. The personal representative of the deceased’s estate normally handles the claim, settlement, and distribution of any recovery. See South Carolina’s wrongful death statutes for the basic framework: S.C. Code Ann. Title 15, Chapter 51 (Wrongful Death).

Who controls the claim and the money?

The personal representative (executor or administrator) has the legal authority and duty to pursue, settle, or dismiss wrongful death claims on behalf of the estate. After recovery, the representative must collect funds, pay valid debts and expenses, and distribute remaining proceeds according to the will or intestacy rules and applicable probate procedures.

Are oral agreements among heirs to split proceeds enforceable?

Short answer: sometimes. An oral agreement between beneficiaries can create a legally binding contract under South Carolina law if it meets the usual contract elements (offer, acceptance, consideration, and mutual intent). However, practical and legal obstacles make oral agreements risky:

• The agreement may be hard to prove later without contemporaneous evidence (emails, text messages, witnesses, recordings where lawful).
• The personal representative is not bound by an agreement among heirs unless the representative adopts it or a court approves it.
• If the proposed split conflicts with probate law or the decedent’s will, the representative has a duty to follow the will or intestacy process unless a court orders otherwise.

How to enforce an oral agreement (practical steps)

1. Document everything now: collect texts, emails, witness names, notes of verbal conversations, bank transfers, or any partial performance (payments made consistent with the agreement).
2. Ask the personal representative to execute a written settlement and distribution agreement that reflects the oral deal. A written, signed agreement is much stronger than an oral one.
3. If the personal representative refuses, request a formal accounting and a meeting. A representative must act in the estate’s best interest and follow probate rules.
4. If heirs have already performed under the oral agreement (for example, one heir paid expenses or refrained from filing a claim), argue that partial performance or equitable estoppel should enforce the agreement in court.
5. If negotiations fail, file a petition in probate court asking the judge to enforce the agreement or approve a proposed settlement and distribution. The probate court has authority to supervise estate administration and approve settlements affecting the estate’s assets (including wrongful death recoveries).

How to dispute an oral agreement (practical steps)

1. Gather evidence that undermines the oral agreement: inconsistent statements, proof of coercion, lack of consideration, or evidence someone lacked capacity to agree.
2. Demand a written accounting and copies of any settlement documents. The fiduciary duty of the personal representative includes transparency about claims and distributions.
3. File a contested probate petition to resolve who is entitled to what share. Ask the court to determine whether an agreement is binding and to order distributions consistent with law.
4. Consider bringing a civil claim for fraud, undue influence, or breach of fiduciary duty if the agreement was procured improperly or the personal representative violated duties to the estate.
5. Use mediation if all parties are open to it; a mediated written settlement can avoid the time and expense of litigation.

Evidence that strengthens or defeats an oral agreement

Courts weigh evidence. Helpful items include:

• Signed written confirmations, even if short (e.g., “I agree to split proceeds 50/50”).
• Electronically stored messages or voicemails referencing the agreement.
• Bank records showing money transfers consistent with the agreement.
• Witness testimony from people who heard the agreement made.
• Proof of partial performance (actions taken in reliance on the agreement).

Timing and deadlines

Act quickly. Evidence fades, memories blur, and statutes of limitations for contract or tort claims can run. Also, probate administration deadlines exist. If you intend to challenge or enforce an agreement, start gathering evidence and consult counsel promptly to avoid procedural bars.

When to involve the court and where to look for governing law

Ask the probate court to resolve disputes about estate administration, including contested distributions of settlement proceeds. For the substantive wrongful death framework, see South Carolina’s wrongful death chapter: S.C. Code Ann. Title 15, Chapter 51. For questions about estate administration and a personal representative’s duties, consult the South Carolina probate provisions (see the South Carolina Code available through the Legislature’s website).

When to hire an attorney

Consider hiring a lawyer if:

• The personal representative refuses to act or disputes the heirs’ agreement;
• Large sums are at stake;
• There are allegations of fraud, undue influence, or misconduct;
• Heirs cannot reach agreement and litigation or court supervision seems likely.

Helpful hints

• Put agreements in writing. A signed written agreement avoids most enforcement problems.
• Ask the personal representative to sign any distribution agreement so it binds the estate’s decisionmaker.
• Keep careful records: dates, times, participants, and what was said. Contemporaneous notes help later.
• Get independent legal advice before signing releases that discharge claims. Releases can bar future claims permanently.
• Use mediation to resolve heir disputes faster and cheaper than court.
• If you suspect wrongdoing by the personal representative, request a formal accounting from the probate court early.
• Document any money you or others paid on the estate’s behalf; partial performance can help enforce an oral promise.