Short answer

No. Under Minnesota law, a statutory wrongful death recovery generally does not pass according to the decedent’s Last Will and Testament. Instead, the wrongful death claim is a statutory cause of action that is prosecuted for the benefit of certain surviving family members (spouse, children, next of kin) and is distributed according to the wrongful-death statute. By contrast, a separate “survival” action (for the decedent’s own pre‑death losses) belongs to the decedent’s estate and can be distributed under the will.

Detailed answer — how Minnesota law treats wrongful death and wills

Two different legal claims commonly arise when someone dies because of another’s wrongful act. It is important to understand the difference because each claim is treated differently for distribution purposes:

• Wrongful death claim: This is a statutory claim brought on account of the decedent’s death for the benefit of surviving relatives. Under Minnesota’s wrongful death statutes, the action is for the benefit of the surviving spouse and next of kin, and damages are to be distributed among them according to their respective interests as provided by the statute. See Minn. Stat. ch. 573 (for example, Minn. Stat. § 573.02).
• Survival action: This claim seeks recovery for the decedent’s own injuries and losses that occurred before death (pain and suffering, lost earnings the decedent would have had, medical bills incurred before death). A survival action is prosecuted on behalf of the decedent’s estate, and any recovery becomes an asset of the estate. That means recovery from a survival action can be administered through probate and distributed under the decedent’s will or, if there is no will, under intestacy rules. See Minn. Stat. § 573.01 and related provisions in Minn. Stat. ch. 573.

Because the wrongful death claim is for the direct benefit of certain survivors, those proceeds generally do not flow through the probate estate and therefore are not distributed according to the decedent’s will. Instead, distribution follows the statutory scheme for wrongful death recoveries. A personal representative (often the executor named in a will) commonly brings the wrongful death action, but the representative does so for the statutory beneficiaries, not to fund the decedent’s testamentary gifts.

Example (hypothetical): Amy dies in a fatal car crash. She left a will that leaves her entire estate to her niece. Amy’s spouse and child are still living. If Amy’s estate pursues a wrongful death claim or the spouse/child bring that claim, the wrongful death recovery is intended for the spouse and child under the wrongful death statute — the niece’s entitlement under the will usually will not take priority over the statutory wrongful death beneficiaries. If a separate survival action is successful, the recovery from that claim becomes estate property and would be distributed according to Amy’s will (potentially to the niece).

There are additional complexities that can affect where money goes, including:

• whether a settlement or judgment allocates amounts as wrongful death versus survival damages;
• whether the personal representative follows statutory procedures when bringing suit or settling;
• whether creditors have valid claims against the estate or whether certain recoveries are reached before distribution to beneficiaries;
• whether parties agree to a different division in a settlement (which should be carefully documented).

Because those details affect whether funds are estate property or statutory wrongful-death proceeds, case-specific analysis is often required.

Relevant Minnesota statutes: see the wrongful death/survival provisions in Chapter 573, for example Minn. Stat. § 573.01 and Minn. Stat. § 573.02.

Practical implications and steps to take

If you are facing this situation in Minnesota, keep these practical points in mind:

• Identify which claims are involved. Ask whether any recovery is being pursued as wrongful death, survival, or both. The label affects who receives the money.
• Know who is bringing the action. A personal representative often brings the claim but must do so for the statutory beneficiaries when it is a wrongful death claim.
• Carefully review any settlement paperwork. Settlements often allocate amounts between wrongful death and survival damages — those allocations affect distribution and possibly creditors’ rights.
• Talk to a lawyer before signing releases. A release that does not correctly allocate claims can unintentionally deprive beneficiaries or the estate of rights.
• Act promptly. Statutes of limitation and other procedural rules apply, so consult an attorney promptly to preserve claims.

Helpful hints

• Understand the difference: wrongful death = for survivors; survival = for the estate.
• Do not assume the will controls every monetary recovery after a death.
• Ask for a clear break‑out of settlement amounts into wrongful death vs. survival components before accepting payment.
• If you are a named executor, get legal advice about who must be consulted before settling wrongful death claims.
• Keep records: medical bills, funeral bills, and documentation of economic losses will be important in both wrongful death and survival claims.
• If multiple potential beneficiaries disagree, disputes can lead to litigation over distribution — early legal help can reduce conflict and risk.

Where to learn more

Read Minnesota’s wrongful death statutes (Chapter 573) at the Minnesota Revisor of Statutes: Minn. Stat. § 573.01 and Minn. Stat. § 573.02. For questions about probate administration and how survival-action recoveries interact with wills, consult an attorney who handles wrongful death and probate in Minnesota.