Detailed Answer
Short answer: No — in Missouri, wrongful death proceeds do not generally pass under the decedent’s Last Will and Testament. Missouri law creates a statutory wrongful death claim for the benefit of certain survivors and prescribes who receives any recovery. A separate survival action (for the decedent’s pre-death conscious pain, medical expenses, or other losses that the decedent personally suffered) can become part of the decedent’s estate and may be distributed under the will, but wrongful death damages themselves are distributed under the wrongful death statute.
How Missouri law treats wrongful death proceeds
Chapter 537 of the Missouri Revised Statutes governs wrongful death. Under the wrongful death statute, damages recovered are for the benefit of the decedent’s survivors — commonly the spouse, children, or their descendants — and the court orders distribution according to the statutory scheme rather than allowing the decedent’s will to dictate distribution. See Missouri Revised Statutes, Chapter 537: https://revisor.mo.gov/main/OneChapter.aspx?chapter=537, and the wrongful-death damages section: https://revisor.mo.gov/main/OneSection.aspx?section=537.080.
Who brings the claim and who gets the money?
Typically, the personal representative (executor or administrator) of the decedent’s estate must bring a wrongful death action on behalf of the people entitled to the damages. If a recovery is obtained, the court directs how the funds are distributed to the surviving beneficiaries designated by statute — usually the surviving spouse and children; if none, then other relatives who would inherit under intestacy rules. This distribution is statutory and is not controlled by the terms of a will.
Contrast with survival (estate) claims
Missouri recognizes a survival action for claims the decedent could have pursued had he or she lived — for example, conscious pain and suffering prior to death or medical bills incurred before death. Those survival damages are generally considered part of the decedent’s estate and therefore may be distributed according to the will or, if there is no will, according to intestacy rules. Wrongful death damages (compensation for the survivors’ losses) remain separate and are distributed under the wrongful death statute.
Practical example (hypothetical)
Hypothetical: Alice dies in a car accident. She left a will giving all estate property to her sister. Alice’s spouse and two children survive. The personal representative sues the negligent driver and recovers $500,000 in wrongful death damages. Under Missouri law, that $500,000 is intended for Alice’s surviving spouse and children and will be distributed under the wrongful-death rules — not paid to Alice’s sister under the will. If Alice had no spouse or children, the statute directs distribution to next-in-line relatives under intestate succession.
Why this matters
- People who expected a beneficiary under the will to receive wrongful-death money are often surprised; the will does not control wrongful-death distributions.
- Survival vs. wrongful death claims have different recipients; the estate can receive survival damages that then pass under the will.
- Settlement terms can be negotiated — parties can agree to different allocations — but absent agreement the statutory distribution applies.
For the governing statute, see: Missouri Revised Statutes, Chapter 537 (Wrongful Death and Survival Actions): https://revisor.mo.gov/main/OneChapter.aspx?chapter=537 and the wrongful-death damages section: https://revisor.mo.gov/main/OneSection.aspx?section=537.080.
Helpful Hints
- If you are a personal representative: consult an attorney quickly — you must act for the statutory beneficiaries and may be the party who files the suit.
- If you are a named beneficiary in a will but you are not a statutory wrongful-death beneficiary: do not assume you will get wrongful-death money. Ask a lawyer about settlement negotiations or court-ordered distribution.
- Distinguish between wrongful death damages (for survivors) and survival damages (part of the estate). Ask your lawyer to explain which claims are being pursued and who the recovery will benefit.
- Settlement agreements can allocate proceeds differently than statute if all necessary parties agree; get legal advice before signing any release.
- Keep clear records of relationships (marriage certificates, birth certificates) to prove survivor status in a wrongful death case.
- Time limits apply for filing wrongful death and survival claims — consult an attorney promptly to preserve rights.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. Laws change and each case is different. Contact a licensed Missouri attorney to get advice tailored to your situation.