Detailed Answer

Montana law creates a specific cause of action when a person’s negligent or wrongful conduct causes another’s death. That claim is generally prosecuted by the decedent’s personal representative for the benefit of the decedent’s survivors (spouse, children, or other dependents) and for certain economic losses such as funeral expenses. Because the wrongful-death remedy is statutory and intended to compensate surviving family members for their losses, proceeds recovered on a wrongful-death claim ordinarily are distributed to survivors according to the wrongful-death statute and related distribution rules—not simply handed over to the estate to be disposed of under the decedent’s will.

Key legal points to understand:

• Statutory remedy for survivors: The wrongful-death action in Montana is governed by statute and is designed to compensate those who depended on the decedent for support or who otherwise suffered a legally recognized pecuniary loss. See Montana wrongful-death statute (Mont. Code Ann. § 27-1-501 et seq.). For the statute text and organization, see the Montana Code Annotated online: Mont. Code Ann. Title 27, Chapter 1 (Wrongful Death).
• Who brings the claim: The decedent’s personal representative (executor or administrator) ordinarily brings the wrongful-death action on behalf of the statutory beneficiaries. That representative acts for the survivors, not (only) for the estate.
• Distribution to survivors vs. distribution under will: Damages awarded specifically under the wrongful-death cause of action are intended for the survivors and are distributed according to the wrongful-death statutory scheme or to heirs at law (intestacy rules) rather than being distributed according to the decedent’s testamentary plan. In short: the will generally does not control wrongful-death proceeds.
• Survival actions vs. wrongful-death actions: A separate legal concept is a survival action (a cause of action that the decedent held before death and which survives to the estate). Survival claims—such as the decedent’s claim for pain and suffering prior to death or certain pre-death losses—belong to the estate and are distributed according to the probate process, which means a will may control those proceeds. When a claim includes both wrongful-death and survival elements, settlements and verdicts should be carefully allocated between the two because each type of recovery may be treated differently for distribution and tax or lien purposes.
• When the will might matter: If there are no statutory survivors (for example, no spouse, children, or other qualifying beneficiaries), or if the wrongful-death statute allows distribution to the estate under specific circumstances, then some or all proceeds could end up in the estate and be distributed under the will or by intestacy. Also, a documented settlement agreement that specifically assigns proceeds to the estate could alter distribution—but such agreements should be negotiated with full awareness of statutory rules and possible creditor or subrogation claims.
• Practical effects: Because wrongful-death damages are intended to compensate survivors (support loss, loss of services, funeral costs, loss of companionship, etc.), the decedent’s testamentary wishes normally do not redirect those funds away from survivors who had a legal claim to them.

For the statutory language and structure that governs wrongful-death claims in Montana, see Mont. Code Ann. § 27-1-501 et seq. (Montana Legislature, Code Annotated): https://leg.mt.gov/bills/mca/title_0270/chapter_0010/. For related rules about probate, intestacy, and distribution of estate assets, see the Montana probate and intestacy provisions in the Montana Code (Title 72 and related chapters) available from the Montana Legislature’s site.

Example (hypothetical)

Jane Doe dies in a motor vehicle crash caused by another driver. Jane had a will that left her estate to a charity. Jane is survived by a spouse and two children. The personal representative sues the at-fault driver and obtains a settlement of $500,000. Under Montana wrongful-death law, the $500,000—recovered specifically for wrongful death—would be distributed to Jane’s statutory survivors (her spouse and children) under the wrongful-death distribution rules, not given to the charity simply because Jane’s will named that charity as beneficiary of her probate estate. If, however, Jane had no surviving spouse, children, or other statutory survivors, distribution could follow different rules and the estate (and thus the will) could become relevant.

Common Issues and Why You Need a Lawyer

• Settlements often combine wrongful-death and survival claims. A careful allocation is necessary to protect survivors’ rights and the estate’s interests.
• Liens (health insurance, Medicaid, subrogation), creditor claims, and funeral-expense liens can reduce what survivors actually receive.
• Disputes often arise among survivors, the personal representative, and other potential beneficiaries; litigation or court guidance may be necessary.
• Statutory deadlines and procedural requirements apply—missing them can forfeit claims.

Helpful Hints

1. When you consult an attorney, bring the death certificate, any will or trust documents, marriage certificate, birth certificates of children, and beneficiary designations (life insurance, retirement plans).
2. Ask your attorney to explain whether a claim is a wrongful-death claim, a survival claim, or both, and how a settlement will be allocated.
3. Confirm who is the personal representative and whether that person has filed for probate—only the representative typically can bring the wrongful-death claim.
4. Check for liens and subrogation claims early (health insurer, Medicaid, ER costs); these can reduce net recovery.
5. If you are named in a will but also a statutory survivor, know that statutory survivor rights in a wrongful-death action usually take priority over testamentary gifts of the probate estate.
6. Get written agreements for any settlement allocation and review them with counsel before signing releases.
7. If the decedent had no survivors, ask how Montana law handles distribution in that situation—proceeds may then pass to the estate or to next-of-kin under intestacy rules.