Do wrongful death proceeds pass in accordance to the Decedent’s Last Will and Testament?

Disclaimer: This information is educational only and not legal advice. Consult a Connecticut attorney about your specific situation.

Detailed Answer — How Connecticut law treats wrongful death proceeds

Short answer: Generally no — money recovered in a wrongful death action under Connecticut law does not simply pass under the decedent’s will. Connecticut treats wrongful death damages as a statutory remedy that is distributed to certain surviving family members under the wrongful death statute. By contrast, proceeds from a survival action (claims the decedent could have brought while alive) typically become part of the decedent’s estate and can be distributed according to the will or applicable probate rules.

Key rules and why they matter

Who brings the action: Connecticut allows the executor or administrator of the decedent to bring a wrongful death action on behalf of the decedent’s estate and survivors. See Conn. Gen. Stat. §52-555. Conn. Gen. Stat. §52-555.
Purpose of the award: Wrongful death damages are intended to compensate surviving family members for their loss (loss of financial support, loss of companionship, funeral expenses, etc.). Because wrongful death recovery is a statutory remedy focused on survivors, the statute determines who receives the recovery and in what proportions.
Distribution versus will: Because the wrongful death statute governs distribution to survivors, those wrongful death proceeds do not automatically pass through the decedent’s will to whoever is named in the will. Instead, distribution follows the rules set out by the wrongful death law and related probate/intestacy rules where applicable.
Survival actions are different: If the decedent had a claim that survived death (for example, conscious pain and suffering before death or certain property-related claims), the proceeds of that survival action are typically treated as estate assets and are distributed according to the decedent’s will or Connecticut probate rules.

How this works in practice — simple hypothetical

Hypothetical: Jane Doe dies in a fatal car crash caused by Defendant. Jane’s will leaves her estate to her friend. Jane’s adult children are her closest survivors. Two separate claims may exist:

A wrongful death claim brought by Jane’s personal representative to compensate Jane’s survivors. The wrongful death recovery (if any) is distributed to survivors under the wrongful death statute and not simply handed to Jane’s friend under Jane’s will.
A survival claim for Jane’s own pain and suffering prior to death (if supported by the facts). Any recovery on that survival claim becomes part of Jane’s estate and would be subject to her will and probate distribution.

Practical consequences

If you are a named beneficiary in a will but are not a statutory wrongful death beneficiary, you usually will not receive wrongful death proceeds simply because the decedent left you money by will.
If you are a spouse, child, or another family member who would receive under the wrongful death statute, you may be entitled to a share of wrongful death proceeds even if the decedent’s will tries to leave everything to someone else.

Time limits and related statutes

Connecticut has time limits for bringing tort actions. Many wrongful death and personal injury claims must be filed within two years of the death or the injury discovery under the general statute of limitations for tort actions. See Conn. Gen. Stat. §52-577. Conn. Gen. Stat. §52-577. The wrongful death statute itself describes who may bring the action and other procedural rules — see Conn. Gen. Stat. §52-555. Conn. Gen. Stat. §52-555.

Helpful Hints

Ask whether the claim is a “wrongful death” claim (for survivors) or a “survival” claim (for the estate). The two are treated differently under Connecticut law.
Contact an attorney early. An attorney can identify which claims exist, whether they should be brought separately, and who is entitled to recover.
Preserve documents and evidence: medical records, accident reports, funeral bills, and proof of relationship to the decedent (marriage certificate, birth certificates) help establish entitlement and damages.
Confirm who is the personal representative. The executor or administrator typically controls filing the wrongful death action and receiving settlement funds to distribute under the statute.
Consider settlement structure. Settlements can be structured to separately allocate amounts to a wrongful death recovery (for survivors) and a survival claim (for the estate). That allocation affects distribution, tax consequences, and probate issues.
Check deadlines. Statutes of limitations bar claims if you wait too long. Confirm time limits with an attorney promptly.
Probate vs. civil remedies: If you are worried about the will’s effect, remember that probate distributes estate assets according to the will (or intestacy rules if no valid will). Wrongful death statutory distributions are separate.

Where to get help

Because wrongful death and survival claims can be legally and factually complex, speak with a lawyer who handles wrongful death and probate matters in Connecticut. A lawyer can explain which claims apply, how proceeds will be distributed, and the steps required to protect survivors’ and the estate’s rights.

This article explains general principles under Connecticut law and is not legal advice. For advice about a specific situation, consult a licensed Connecticut attorney.