Detailed answer — step-by-step guidance under Massachusetts law

1. Confirm who can file the claim

Under Massachusetts law, a wrongful-death claim must be brought by the decedent’s personal representative. See Mass. Gen. Laws ch. 229, § 2 for the right to bring such an action: G.L. c.229 §2. Before signing or accepting a settlement, confirm that the person negotiating and signing on behalf of the estate has valid letters testamentary or letters of administration from the Probate and Family Court.

2. Reduce the agreement to a clear written settlement and release

Make the settlement agreement explicit about who gets what: identify the estate/personal representative, list the beneficiaries (by name or class), state the gross settlement amount, show attorney fees and costs (amount or percentage), list creditor liens or subrogation claims to be paid from proceeds, and state the net amounts to each beneficiary. Have the personal representative sign the agreement and include releases for the defendant(s). The settlement document should require approval or entry of judgment in the pending case if one exists.

3. File the settlement with the court in the pending action

If the wrongful-death case is pending in Superior Court (or another trial court), file the settlement documents and either a proposed judgment/order or a stipulated dismissal consistent with local practice and the Massachusetts Rules of Civil Procedure. If beneficiaries, lien holders, or minors require court supervision, file a motion or petition asking the court to approve the settlement and enter an order directing distribution. Where court approval is required because the interests of minors or incapacitated persons are involved (or there is a dispute), the court will supervise the distribution.

4. Resolve liens, subrogation, and statutory claims before distribution

Health insurers, Medicare/Medicaid, and other payors often have reimbursement or subrogation claims against settlement proceeds. Resolve or set aside amounts to cover known liens before distributing funds to beneficiaries. Tax consequences may also exist for certain portions of the recovery (e.g., punitive damages vs. compensatory components). Have counsel prepare an itemized settlement worksheet showing gross recovery, attorney fees, costs, lien payments, and net disbursements.

5. Use escrow and an itemized accounting

Funds should be placed in a lawyer trust account or court-ordered escrow while outstanding issues (letters testamentary, lien verification, or approvals) are resolved. Before disbursement, prepare a trust accounting or distribution statement that the personal representative signs and the beneficiaries receive. This record protects the personal representative and documents that the parties received the agreed shares.

6. When and how to seek court approval

Court approval is advisable (and sometimes required) when: beneficiaries do not agree; beneficiaries are minors or legally incapacitated; there are competing claimant liens; or the personal representative seeks instructions. You can file a petition in Probate and Family Court (if the settlement involves estate administration) or a motion in the civil case asking the trial court to approve the settlement and enter an order directing distribution. See general wrongful-death provisions at G.L. c.229 §4 for distribution principles and related sections of Chapter 229: Chapter 229 (wrongful death).

7. Final steps — docketing and dismissal

After the court signs the proposed judgment or approves the settlement, obtain the signed order/judgment and docket it with the clerk. If the parties agreed to dismiss with prejudice, file the stipulated dismissal consistent with Mass. R. Civ. P. 41 and local rules. Keep certified copies of the judgment/order and all distribution records for estate files and tax reporting.

Common practical documents and filings

• Letters testamentary or letters of administration (from Probate and Family Court)
• Written settlement agreement and release (signed by the personal representative)
• Motion or petition for settlement approval and proposed order/judgment
• Stipulation of dismissal (if appropriate) or agreed proposed judgment
• Itemized settlement worksheet showing fees, costs, liens, and net distribution
• Trust-account or escrow receipt and final distribution ledger

When distribution must follow statute or court order

Massachusetts law sets out who may recover and how the action is maintained; the personal representative holds proceeds for the benefit of the beneficiaries. If distribution terms fall within a statutory allocation or the court has entered a distribution order, follow that order. See Chapter 229 for the governing statutory framework: G.L. c.229.

Helpful hints

• Confirm authority: always ask to see letters testamentary or administration before relying on the personal representative’s signing authority.
• Get everything in writing: oral settlement terms cause most disputes. The signed settlement and release should state precise dollar splits.
• Document lien resolution: obtain written lien releases or pay-off letters from health insurers, Medicare, and other subrogated payors before releasing funds.
• Use escrow: hold funds in a neutral escrow or counsel’s IOLTA account until all approvals and liens are resolved.
• Provide full accounting: itemize attorney fees, costs, liens, and net payables so beneficiaries trust the distribution.
• Seek court approval when in doubt: court supervision reduces future claims against the estate or personal representative.
• Keep certified court orders: file and keep certified copies of any judgment or distribution order in the estate file and with beneficiaries.