Do wrongful death proceeds pass according to the decedent's will in Massachusetts (MA)?

Detailed Answer

Short answer: Generally no. Under Massachusetts law, wrongful death recoveries are governed by the Massachusetts wrongful death statute and are not distributed simply according to the decedent’s Last Will and Testament. Instead, the statute creates a separate, statutory right to recover damages for the pecuniary (financial) losses suffered by surviving family members. That statutory scheme controls who receives wrongful death proceeds.

What that means in practice:

• The legal claim for wrongful death in Massachusetts is created and limited by statute; see Massachusetts General Laws, chapter 229, section 2. The statute authorizes a cause of action for death caused by another’s wrongful act, neglect or default and establishes who may benefit from the recovery. See: M.G.L. c.229, §2.
• A wrongful death action is typically brought by the personal representative (executor or administrator) on behalf of those entitled under the statute. Although the representative brings the suit, the money recovered under a wrongful death claim is intended to compensate the survivors for their loss and is distributed according to the statutory priority the legislature set—rather than simply being paid to the estate and distributed under the will.
• By contrast, a survival action (a separate claim for the decedent’s own pre-death damages, such as pain and suffering or medical expenses incurred before death) is an asset of the decedent’s estate. Proceeds from a survival action are administered through probate and therefore would pass under the decedent’s will (or by intestacy if there is no valid will).
• If the wrongful death statute identifies specific classes of survivors (for example, spouse and children) those survivors will typically be the primary recipients of a wrongful death recovery. If there are no statutory survivors entitled to the wrongful death recovery, the funds can end up with the estate and then be distributed under the will or by intestacy rules—but that situation depends on how the statute and the court interpret entitlement in a given case.

Practical implications:

• If you are a surviving spouse, child, parent, or other close family member, you should know that the wrongful death recovery is meant to compensate your losses under the statutory scheme, not simply to follow the decedent’s testamentary plan.
• If you are the named personal representative or a beneficiary under the will, know the two different claims (wrongful death vs. survival) are treated differently: one follows statutory distribution (wrongful death) and the other follows the will/intestacy (survival).

Because distribution depends on the specific facts (who survived the decedent, whether a personal representative has been appointed, whether both a survival and wrongful death claim exist, and how the court approves settlement or verdict), you should consult an attorney early. They can explain which claim is at issue, who the statute names as beneficiaries, and how any settlement funds will be allocated.

Statutory reference: Massachusetts General Laws, chapter 229, section 2: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIV/Chapter229/Section2.

Disclaimer: This article explains general principles of Massachusetts law and uses hypothetical examples. It is not legal advice. For advice about a specific case, consult a licensed Massachusetts attorney.

Helpful Hints

• Distinguish the two claims: wrongful death (statutory distribution to survivors) vs. survival action (asset of the estate that follows the will).
• If you are bringing or receiving a claim, gather key documents: decedent’s death certificate, marriage certificate, children’s birth certificates, any will, medical records, police or incident reports, and insurance correspondence.
• Appointing a personal representative: the personal representative usually files the wrongful death suit and handles any survival action—so prompt probate or appointment matters.
• Act quickly: Massachusetts law imposes time limits on filing tort claims. Do not assume you have unlimited time—consult an attorney promptly to preserve claims.
• Consider settlement structure: settlements can be split between wrongful death and survival components. How the settlement is structured affects who gets paid and whether probate or court approval is required.
• Minor or incapacitated survivors: if proceeds go to minors, the court may require a guardian or approve a trust or conservatorship to protect funds for their benefit.
• Ask about liens and subrogation: medical providers, insurers, or government programs (e.g., Medicaid) may assert claims against recovery funds—get legal advice early to manage these issues.
• Hire counsel experienced in wrongful death and probate: because these claims can overlap, an attorney familiar with both wrongful death litigation and probate administration can help ensure correct distribution.
• Verify statutory details: read M.G.L. c.229, §2 for the wrongful death framework and consult a probate resource or attorney for questions about estate administration and the will.