Do wrongful death proceeds pass in accordance to the decedent’s last will and testament under Ohio law?

Short answer: Generally no. Under Ohio law, wrongful death damages are a statutory remedy for surviving family members and are distributed according to Ohio’s wrongful death rules, not by the decedent’s will. However, a separate survival action (for the decedent’s own pre-death losses) is part of the decedent’s estate and does pass according to the will or intestacy rules.

Detailed Answer — How Ohio treats wrongful death vs. survival claims

Ohio law separates two distinct claims that can arise when someone dies because of another’s wrongful act:

• Wrongful death claim (statutory): This claim exists for the benefit of surviving family members — typically the surviving spouse and next of kin. The right to recover wrongful death damages is created and governed by statute; a personal representative (executor or administrator) usually brings the suit, but the damages belong to the survivors and are distributed according to the wrongful-death statute rather than by the decedent’s will. See Ohio Revised Code Chapter 2125 (Death Actions): https://codes.ohio.gov/ohio-revised-code/chapter/2125.
• Survival action: This is a separate cause of action that belongs to the decedent’s estate for losses the decedent suffered before death (for example, pain and suffering, lost wages before death). Those recovery amounts become estate assets and are distributed according to the decedent’s will or, if there is no valid will, under Ohio’s intestacy rules. See Ohio probate chapters on wills and descent & distribution: https://codes.ohio.gov/ohio-revised-code/chapter/2107 and https://codes.ohio.gov/ohio-revised-code/chapter/2105.

Because the wrongful death statute targets the economic and emotional losses of survivors, the decedent cannot usually use a will to alter who receives wrongful-death damages. In contrast, because survival damages are estate property, the decedent’s testamentary documents (or intestacy law) control distribution of those particular proceeds.

Practical examples (hypotheticals)

• Hypothetical A — Wrongful death distribution: Jane dies in a car collision. Her will leaves everything to a charity. Jane’s surviving spouse and two children bring a wrongful death claim. If damages are awarded under Ohio’s wrongful death statute, the award is distributed to the spouse and next of kin according to the statute — not to the charity designated in Jane’s will.
• Hypothetical B — Survival claim distribution: In the same case Jane also recoverable damages for pain and suffering she experienced before death. Those survival damages belong to Jane’s estate and would pass to the charity if her will validly left estate assets to that charity (subject to any probate procedures and creditor claims).

Key Ohio statutes and resources

• Ohio Revised Code Chapter 2125 — Death Actions (wrongful death & related provisions): https://codes.ohio.gov/ohio-revised-code/chapter/2125
• Ohio Revised Code Chapter 2107 — Wills (formalities, probate of wills): https://codes.ohio.gov/ohio-revised-code/chapter/2107
• Ohio Revised Code Chapter 2105 — Descent and distribution (intestacy rules): https://codes.ohio.gov/ohio-revised-code/chapter/2105
• Ohio statute of limitations for personal actions (commonly applies to wrongful death claims) — check Ohio Rev. Code §2305.11 and related provisions: https://codes.ohio.gov/ohio-revised-code/section/2305.11

Note: The exact allocation rules and procedures can involve detailed statutory language and case law. Use the linked statutes as starting points and consult an attorney for case-specific guidance.

Who brings the claim and who gets paid?

• In Ohio the executor or administrator of the decedent’s estate typically files wrongful death and survival claims on behalf of the estate and survivors.
• Wrongful death recoveries are distributed for the benefit of survivors (spouse and next of kin) under the wrongful death statute.
• Recovery for the decedent’s pre-death losses (survival action) becomes estate property and is distributed under the will or by intestacy.

Helpful Hints — What to do next

• Document relationships: Create a clear list of surviving family members (spouse, children, parents, siblings) and their contact information.
• Collect records: Gather medical records, bills, police reports, employer records of lost income, and funeral/ burial invoices. These support both wrongful death and survival claims.
• Locate estate documents: Find the decedent’s will, any trust documents, and any letters of testamentary or administration if probate already started.
• Note deadlines: Statutes of limitations apply. In Ohio most wrongful death claims must be brought within the time specified by statute (commonly two years); confirm the applicable deadline with an attorney: https://codes.ohio.gov/ohio-revised-code/section/2305.11
• Speak to the right lawyer: Look for an attorney experienced in wrongful death and probate matters — you may need counsel who can handle both the wrongful death litigation and probate issues for survival claims.
• Ask about fees and probate interaction: Ask potential lawyers how they will divide work, whether they will represent both the estate and the survivors, and how fees and costs will be handled.

When a will matters and when it does not

Bottom line: the will controls distribution of estate assets (including survival-action recoveries), but it generally cannot redirect statutory wrongful-death proceeds that the law gives for the benefit of survivors. If you face a situation where a will appears to conflict with a wrongful death recovery, an attorney can explain how the statutory distribution works and whether any procedural steps must be taken in probate or civil court.

Disclaimer: This article explains general principles of Ohio law and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about a specific situation, consult a qualified Ohio attorney promptly.