Short answer

No. In Delaware, most wrongful death proceeds are distributed according to the wrongful-death statute and the statutory beneficiaries (surviving spouse, children, etc.), not simply by the decedent’s will. However, amounts awarded on the decedent’s own claims (survival actions) and assets with beneficiary designations (like life insurance or ERISA plans) may be handled differently.

Detailed answer — how Delaware treats wrongful death money

This explanation assumes no unusual contract language or special statutes beyond the general wrongful-death and probate rules. It is not legal advice.

1. Two different kinds of claims can arise after a death caused by another’s conduct

• Wrongful death claim — This is a statutory cause of action brought for the benefit of the decedent’s survivors (for example, spouse, children). The damages are intended to compensate the survivors for their losses (loss of financial support, loss of companionship, etc.). In Delaware, the wrongful-death cause of action and the rules that control who benefits are created by statute. See Delaware’s statutory wrongful-death provisions: https://delcode.delaware.gov/title10/c037/index.html.
• Survival action (action belonging to the decedent’s estate) — This is a separate claim for losses the decedent sustained before death (pain and suffering, medical expenses incurred by the decedent, etc.). Those damages are part of the decedent’s estate and are handled in probate (they can pass according to the will or by intestacy if there is no valid will). See Delaware probate and estates: https://delcode.delaware.gov/title12/index.html.

2. Which proceeds pass by will and which do not?

• Wrongful death damages typically do not become part of the decedent’s estate for distribution under the will. The wrongful-death statute in Delaware designates who receives those proceeds (usually statutory survivors), and distribution follows the statute rather than the decedent’s testamentary plan. For the statutory language and allocation rules, see: https://delcode.delaware.gov/title10/c037/index.html.
• Survival-action damages generally do become assets of the decedent’s estate. Those amounts are administered by the personal representative and distributed according to the decedent’s will (if valid) or under Delaware intestacy rules if there is no valid will. See Delaware probate rules and intestacy provisions: https://delcode.delaware.gov/title12/index.html.
• Life insurance, retirement accounts, and other beneficiary-designated assets pass to whoever is named as beneficiary on the policy or plan and typically bypass the will and probate entirely. The will cannot override a valid beneficiary designation.

3. Practical implications

• If a decedent leaves a will that gives property to Person A but the decedent’s statutory wrongful-death beneficiaries are Persons B and C, a wrongful-death recovery is likely payable to B and C by statute — the will does not automatically redirect those funds to A.
• If a settlement or jury award includes both wrongful death and survival components, the money needs to be allocated carefully. The survival portion can become part of the estate (and thus pass under the will); the wrongful-death portion will be distributed under the wrongful-death rules. Settlements often specify the allocation to avoid disputes.
• If the personal representative is bringing the wrongful-death action, the representative must follow statutory procedures and work with counsel to protect the rights of both the estate and the survivors.

4. When the will and wrongful-death statute align

If the decedent’s will leaves assets to the same persons the wrongful-death statute recognizes as beneficiaries (for example, a spouse and children), the practical result may look the same. But the legal basis for who gets the wrongful-death money is the statute, not the will.

Helpful hints — what to do next

• Preserve deadlines: wrongful-death and survival claims have statutes of limitation. Contact an attorney promptly to avoid losing the right to sue.
• Distinguish claims: ask counsel to separate settlement amounts into wrongful-death and survival components in writing so distribution is clear.
• Check beneficiary designations: locate life-insurance policies, retirement accounts, and other contracts with named beneficiaries — these typically override a will.
• Talk to the personal representative: if you are an heir or beneficiary, keep communication open with the estate’s personal representative about any claims and potential distributions.
• Get legal help: a Delaware attorney experienced in wrongful-death and probate matters can explain statutory allocations and how a settlement should be structured.