FAQ: How do wrongful death proceeds get distributed in Michigan?

This FAQ explains, in plain language, how wrongful death money is handled under Michigan law. It covers who brings the claim, what kinds of recovery exist, and whether those proceeds pass under the decedents Last Will and Testament. This is educational information only and not legal advice.

Detailed answer

1. Two separate claims: wrongful death vs. survival action

In Michigan there are typically two distinct causes of action arising from a fatal injury:

• Survival action: This is a claim the decedent could have brought for injuries suffered before death (for example, medical expenses, pain and suffering prior to death). A survival action is prosecuted by the personal representative of the estate and the recovery generally becomes an asset of the decedents probate estate.
• Wrongful death action: This is a statutory claim created for the benefit of certain survivors for losses caused by the decedents death (for example, loss of support and companionship). A wrongful death action is also brought by the personal representative, but it is specifically for the benefit of surviving family members and the distribution is governed by the Wrongful Death Act.

The statutory framework for wrongful-death claims is found in Michigan law. See, for example, the Wrongful Death Act provisions (MCL 600.2922 and related sections) which set out who may bring the action and that it is for the benefit of the survivors and the estate (MCL 600.2922).

2. Do wrongful death proceeds pass under the decedents will?

Short answer: Generally no — wrongful death recoveries for survivors do not simply pass under the decedents will. They are distributed according to the Wrongful Death Act and the statutory scheme for survivors rather than by the terms of the decedents testamentary document.

Why: The wrongful-death cause of action is created by statute for the benefit of surviving family members. Although a personal representative must bring the action, the damages meant to compensate survivorsfor losses such as lost support or loss of consortiumare intended for those survivors and are not simply estate property that the decedent may direct by will.

However, amounts recovered through a survival action (for pre-death losses such as the decedents pain and suffering or medical bills) generally become part of the probate estate and can be administered and distributed according to the will or, if there is no valid will, under Michigans intestacy statutes.

3. Practical distribution rules

• The personal representative brings the wrongful-death lawsuit on behalf of the estate for the benefit of the survivors and the estate. See MCL 600.2922.
• Proceeds awarded for survivors losses are distributed in accordance with the wrongful-death statutory scheme (the Act and related case law), not simply by the decedents will.
• Proceeds awarded for the decedents personal claims that survived death (for example, pain and suffering before death) are estate assets and will be administered through probate according to the will or intestacy rules.

Because Michigan law treats survival and wrongful-death recoveries differently, someone looking only at a will may be surprised: the will controls estate assets, but the wrongful-death statute controls distribution of statutory wrongful-death recoveries.

4. What this means for common situations

• If a decedent leaves a will leaving everything to Charity X but is survived by a spouse and children, the spouse and children are still the intended beneficiaries of wrongful-death recoveries under the statute; the wills directions do not generally displace their statutory rights to wrongful-death damages.
• If a recovery is specifically characterized as compensation for the decedents pre-death pain, that recovery will usually be treated as an estate asset and handled according to the will.
• Settlement agreements commonly allocate portions of a recovery to “survival” and “wrongful death” claims to make clear which funds are estate property and which are for survivors; those allocations matter for distribution and tax purposes.

Helpful hints

• Act quickly: wrongful-death claims have time limits. In Michigan, many tort claims must be filed within three years, so consult an attorney promptly to confirm the applicable deadline.
• Identify the personal representative: only the estates personal representative can bring wrongful-death and survival actions on behalf of the estate and survivors.
• Document survivors and losses: gather marriage certificates, birth certificates, records of financial support, and any evidence of the decedents pre-death medical expenses or pain and suffering.
• Ask about allocation: when settling, request a written settlement that allocates amounts between survival and wrongful-death claims. That allocation affects who actually receives the money and how it is taxed.
• Probate and wrongful-death interact: if a recovery produces estate assets, those assets still must be administered in probate and distributed under the will or intestacy rules; wrongful-death proceeds meant for survivors are distributed under the Wrongful Death Act.
• Consult an attorney experienced with Michigan wrongful-death and probate rules early to protect survivors rights and avoid missed deadlines.

Key statutory reference

Michigans Wrongful Death Act is codified in the Michigan Compiled Laws. See the primary provision at MCL 600.2922 and the related sections of the Wrongful Death Act for distribution rules and procedures.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It is not a substitute for consulting a licensed attorney. If you have questions about a specific case or deadlines, contact a Michigan attorney who handles wrongful-death and probate matters.