Detailed answer — what you need to do and why

Under New Hampshire law a wrongful death action is brought for the benefit of the decedent’s heirs and/or beneficiaries and is governed by the wrongful-death statutes (see New Hampshire RSA Chapter 556). To make sure a settlement is filed correctly with the court and split exactly as agreed, follow these legal and practical steps:

1. Confirm who can settle and who must appear in court.

   In New Hampshire, the decedent’s personal representative or the party authorized by statute generally brings and settles the wrongful death claim on behalf of heirs. Confirm the identified plaintiff (personal representative or estate representative) has authority to file and sign the settlement paperwork. See the wrongful death chapter for governing procedures: RSA Chapter 556 (NH).

2. Use a clear, written settlement agreement that spells out distribution.

   Draft or obtain a written settlement agreement that:

   • identifies the parties and the claim being released;
   • states the gross settlement amount;
   • lists attorney fees, costs, liens, and other deductions with dollar amounts or calculation method;
   • specifies the exact net amounts each beneficiary or heir will receive (or the percentage each will receive) and the timing of distributions;
   • includes release language that covers the wrongful death claim and related claims; and
   • contains signatures of all required signatories (plaintiff/personal representative, counsel, and defendant if appropriate).

   A clear written agreement is the best evidence of your intent and the division you all agreed upon, and it is what the court will use when approving the settlement or entering an order.

3. Address liens, creditors, and expenses before distribution.

   Wrongful death proceeds often are subject to medical bills, funeral expenses, private insurer subrogation, Medicare/Medicaid repayment, and ERISA liens. List each potential lien and how it will be resolved in the agreement. Where necessary, obtain written waivers or negotiated payoff agreements. The court will often expect the petitioner to disclose known liens before approving distribution.

4. File the appropriate paperwork with the court and request approval where required.

   Typical filings include:

   • a motion or petition to approve the settlement or a stipulation of settlement;
   • a proposed order approving the settlement and directing distribution by the clerk or by the personal representative;
   • a proposed final judgment or dismissal order once the court approves settlement and distribution;
   • for minors or legally disabled beneficiaries, a guardian ad litem appointment and a court-approved allocation or structured settlement may be required.

   Procedures vary by county and by court. Confirm required local forms and whether the court intends to hold a hearing. If the settlement involves minors or persons under disability, courts commonly require a hearing and a signed order directing how funds are to be held or distributed.

5. Ask the court to enter a distribution order that mirrors your settlement agreement.

   The cleanest way to ensure the split happens “as agreed” is to submit a proposed court order that incorporates the settlement allocation line-by-line: show the gross settlement, list deductions (attorney fees, costs, liens), and specify net distributions to named persons or accounts. Once the judge signs the order, the court’s order controls distribution and can be enforced as a judgment if needed.

6. Consider escrow, blocked accounts, or structured settlement options.

   If any beneficiary’s share might be contested, or if minors are involved, use an escrow arrangement, a blocked bank account (court-ordered), or a structured settlement. These mechanisms protect beneficiaries and provide the court with a clear method to enforce the agreed allocation.

7. Ensure attorney fees are documented and, if necessary, approved by the court.

   Contingency fee agreements should be in writing. If the court will be asked to approve the settlement for minors or to review distribution, expect the judge to review and approve attorney fees and costs as part of the settlement approval. Provide a fee statement to the court showing how the fee was calculated.

8. Collect releases and lien waivers at disbursement.

   When funds are ready to be distributed, obtain executed releases from the plaintiff in standard form and written evidence that liens have been satisfied or properly reserved for. Keep originals in the case file and file a copy with the court as required by local practice.

9. Record the court orders and maintain documentation to enforce the split if needed.

   File the signed distribution order or judgment with the clerk and obtain certified copies. If someone fails to comply with the order, a certified judgment lets you pursue enforcement remedies (writs of attachment, garnishment, contempt, etc.).

10. What to do if a party later disputes distribution.

    If a beneficiary disagrees after funds are disbursed, the court’s signed order is the key enforcement tool. You may file a motion to enforce the settlement, a motion for contempt, or a separate action to recover damages for breach of the settlement or to unwind an improper distribution. Keep accurate records and the original settlement document to support enforcement.

For more detail about wrongful death procedure and who can bring actions in New Hampshire, see the state wrongful death statutes: RSA Chapter 556 (NH). Also consult local court rules and the New Hampshire Judicial Branch website for filing procedures: NH Judicial Branch.

Helpful hints

• Put the distribution plan in writing and attach it to any petition or proposed order sent to the court.
• List every anticipated deduction (attorney fees, costs, medical bills, funeral expenses, insurer subrogation) and provide documentation to the court.
• For minors or people under disability, expect the court to require a hearing, guardian ad litem, or blocked account/structured settlement.
• Negotiate and document lien resolutions in writing — never assume a lien will disappear at disbursement.
• Use escrow or a trust if any distribution is conditional or if there is risk of a future dispute.
• Keep certified copies of any signed court order or judgment — they are necessary to enforce the settlement if someone refuses to pay.
• Ask the court to enter a single order that both approves the settlement and directs distribution exactly as the parties agreed; that reduces ambiguity and enforcement costs.
• Talk to a New Hampshire attorney experienced in wrongful death and probate procedure to prepare filings, draft the proposed order, and handle lien issues. If you cannot retain counsel for all parties, consider asking the court whether a guardian ad litem or counsel for minor beneficiaries is required.