Do wrongful death proceeds pass in accordance with the decedent’s Last Will and Testament? (Alaska)

Short answer: No — in Alaska, wrongful death proceeds generally do not pass under the decedent’s will. Wrongful death claims are statutory causes of action that the personal representative brings for the benefit of the decedent’s statutory distributees (heirs). By contrast, survival-action recoveries belong to the decedent’s estate and do pass under the will. See Alaska statutes governing survival and wrongful death actions (AS 09.55). Alaska Statutes.

Detailed answer — how Alaska treats wrongful death vs. survival claims

Start with two different legal claims that commonly arise after a death caused by another person’s wrongdoing:

Wrongful death action: A statutory claim brought because the decedent’s death resulted from another’s wrongful act. The damages are intended to compensate the decedent’s family for their loss (loss of financial support, loss of companionship, etc.). In Alaska, wrongful death actions exist under state statute. The recovery generally goes to the decedent’s heirs or other distributees, not directly to the terms of the decedent’s will.
Survival action: A claim that belongs to the decedent’s estate for losses the decedent suffered between the injury and death (pain and suffering, medical expenses incurred before death, and other losses the decedent could have claimed if still alive). Survival-action recoveries are estate assets and therefore pass according to the decedent’s will (or the laws of intestacy if there is no valid will).

Because wrongful death damages are statutory and are meant to compensate surviving family members, Alaska law typically requires distribution to certain heirs or beneficiaries designated by statute. The personal representative (or another authorized plaintiff) brings the wrongful death claim and holds any recovery for distribution to those statutory beneficiaries. That distribution is governed by the wrongful death statute, not by the terms of the decedent’s Last Will and Testament.

In practical terms:

If a decedent left a will leaving property to people other than the decedent’s spouse or children, the wrongful death recovery generally will still go to the spouse/children (or other heirs prescribed by statute) rather than to the will beneficiaries.
If the recovery comes from a survival action instead, those funds become part of the estate and are distributed under the will.

Who decides the split between wrongful-death and survival proceeds?

The parties (plaintiff(s) and defendant(s)) can negotiate a settlement that allocates an amount of the total recovery to survival damages and an amount to wrongful death damages. Allocation matters because it determines whether funds go into the estate (and thus through the will) or directly to statutory distributees. If the parties can’t agree, a court can decide allocation issues.

Common statutory points and where to read the law

Alaska’s wrongful death and survival provisions are statutory. To confirm exact language and procedural rules, consult the Alaska Statutes related to wrongful death and survival actions (commonly found in Title 09). You can start at the Alaska Legislature’s statutes page: https://www.akleg.gov/basis/statutes.asp. Look for the chapters or sections labeled for “Wrongful death” and “Survival actions” (AS 09.55 and related sections).

Typical hypotheticals (illustrating how the rules operate)

Hypothetical A — Decedent had a will leaving everything to a charity, but left a spouse and child.

The wrongful death recovery for loss of support/consortium typically will go to the statutory distributees (spouse and/or child), not to the charity named in the will.
If some of the recovery is allocated to survival damages (e.g., compensation for the decedent’s pre-death pain and suffering), that portion becomes estate property and would pass to the charity under the will.

Hypothetical B — No will (intestate).

Wrongful death proceeds go to the statutory distributees defined by law. Survival proceeds become estate assets and are distributed under Alaska’s intestacy rules.

Practical steps if you are involved in a wrongful death case in Alaska

Identify whether you are pursuing a wrongful death claim, a survival claim, or both. Each has different legal and distribution consequences.
Confirm who is authorized to sue — typically the personal representative of the estate or another person designated by statute.
Ask for a clear allocation in any settlement agreement that distinguishes wrongful death from survival recovery, and confirm who will receive each portion.
Keep records of family relationships (marriage certificates, birth certificates) because statutory distributees are determined by familial status.
Consult an attorney experienced in Alaska wrongful death and probate law before signing any settlement.

Important note about creditor claims and estate obligations: Survival proceeds that become part of the estate may be subject to estate debts, funeral costs, and creditor claims and therefore may not fully reach the will beneficiaries. Wrongful death proceeds meant for statutory distributees are typically distributed to those beneficiaries and are less likely to be swallowed by estate debts — but specific circumstances (such as liens, subrogation, or certain creditor priorities) can affect distribution.

Helpful Hints

Distinguish wrongful death vs. survival claims early. The legal label determines who gets paid.
If you settle, insist the settlement spell out allocation between wrongful death and survival to protect intended recipients.
Confirm who the decedent’s statutory distributees are under Alaska law — spouses and children commonly have priority.
Get an experienced Alaska attorney to review any release or settlement before signing.
If you are an executor/personal representative, understand your duty to pursue survival claims for the estate and wrongful death claims for the heirs.
Records matter: preserve medical bills, proof of dependency, and evidence of relationship to the decedent.
Remember that insurance subrogation, medical liens, and government benefits (e.g., Medicaid) can complicate distributions.

Where to read more

Alaska Statutes page — https://www.akleg.gov/basis/statutes.asp — look for provisions on wrongful death and survival actions (Title 09).
Alaska Court System site — https://courts.alaska.gov/ — for procedural information.

Disclaimer: This article explains general legal principles under Alaska law and provides educational information only. It is not legal advice. Laws change and every case turns on its facts. Consult a licensed Alaska attorney to get legal advice tailored to your situation.