Can you enforce or dispute an oral agreement dividing wrongful death proceeds in Ohio?

Quick answer: Yes — sometimes. Ohio law allows parties to enforce oral contracts in many situations, but enforceability of an oral agreement about splitting wrongful-death proceeds depends on who has authority to settle the claim, whether a valid release or court order exists, and the practical evidence you can produce. If parties cannot agree, you may need to ask a court (probate or civil) to approve a settlement or decide the dispute.

Detailed answer — How this works in Ohio

1. Who controls the wrongful-death claim?

Ohio wrongful-death claims are governed by Ohio Revised Code Chapter 2125. That chapter explains who may bring a claim and who receives any recovery. See the statute chapter here: Ohio Rev. Code Chapter 2125. In many cases the personal representative of the decedent’s estate or a representative for survivors initiates or controls settlement negotiations. If someone lacks authority to bind the estate or the official plaintiff, their oral agreement may not bind the fund unless the authorized party accepts and implements the agreement.

2. Are oral agreements enforceable?

Ohio law generally recognizes oral contracts. An oral agreement to divide money can be enforceable if you can prove the essential contract elements: offer, acceptance, mutual intent to be bound, and consideration. However, agreements that must be in writing under the statute of frauds are not enforceable as oral promises. A division-of-proceeds agreement ordinarily does not fall under the traditional statute-of-frauds categories (such as sale of land), but the specific facts matter.

3. Evidence matters — how to prove an oral agreement

Because the agreement is oral, courts focus on corroborating evidence. Useful proof includes:

• witness testimony that the parties agreed to the split;
• contemporaneous emails, text messages, or notes summarizing the agreement;
• bank records showing partial payments consistent with the agreement;
• a recorded phone call or other admissible admission to the agreement; and
• any drafts of a written settlement that were circulated but not finalized.

4. Relationship with releases and court approval

If a claimant gives a written release in exchange for payment, that release generally ends further claims under the terms of the release. A later claim that the release was based on an oral side agreement can be harder to win because courts often give effect to clear written releases.

If the plaintiffs or the personal representative ask a probate or civil court to approve a settlement or distribution, the court’s order will govern distribution. Practically, a party who wants to make the agreement binding should get a written settlement and a court order or a written release signed by the party with authority to settle.

5. Typical paths to enforcement or dispute resolution

Below are common routes people take in Ohio:

1. Negotiate and document. Try to turn the oral deal into a written settlement and releases. Get the personal representative or plaintiff to sign.
2. Ask the probate court to approve a compromise. If the funds are under probate control or the personal representative controls distribution, file a motion in the probate court asking the judge to approve the settlement terms or instruct distribution.
3. File a civil suit for breach of contract. If a fully authorized party won’t honor the oral deal, you can sue for breach and ask for damages (the share you were promised) or for specific performance when appropriate.
4. Seek declaratory relief. Ask a court to declare rights to the proceeds or to interpret competing agreements.
5. Challenge a release. If you signed a release but believe you did so based on fraud, duress, mistake, or misrepresentation, you can challenge the release in court — but courts require strong proof for those defenses.

6. Practical defenses and limits

Even if an oral agreement exists, common defenses include:

• No authority: the person who made the oral promise lacked authority from the estate or plaintiffs to bind the funds;
• Insufficient evidence: the proof does not meet the burden of showing a binding deal;
• Release or prior agreement: a written release or court order already resolved the distribution;
• Statute of limitations or laches: you waited too long to enforce your rights (timing rules apply).

7. Where to bring the dispute — probate court vs. civil court

Which forum is proper depends on the facts. If the estate or personal representative controls the funds, ask the probate court to decide distribution or to approve a settlement. If the dispute is a pure contract claim between private parties, a civil court lawsuit for breach of contract or unjust enrichment may be the route. Sometimes both courts have overlapping authority. An attorney can advise the best forum.

8. Evidence preservation and timing

Preserve all communications, notes, and transaction records. Prompt action increases the chance of success. Some claims have short deadlines. Seek legal advice quickly to avoid losing rights because of delay.

Helpful Hints

• Get any agreement in writing. A signed settlement and release avoids most later disputes.
• Confirm who has authority to settle or bind the estate before relying on any oral promise.
• Keep copies of texts, emails, notes, and bank records that relate to the agreement.
• If possible, get the probate court to approve the settlement so the court’s order controls distribution.
• Do not sign a broad release unless you understand what claims it extinguishes; ask for limited releases tied to the agreed amounts.
• Talk with an attorney early. They can advise whether you should seek court approval, prepare a written settlement, or file a suit to enforce an oral agreement.
• Review Ohio Revised Code Chapter 2125 for rules about wrongful-death claims: https://codes.ohio.gov/ohio-revised-code/chapter/2125.

Final note (important): This article explains general Ohio law information only. It does not create an attorney-client relationship and is not legal advice. For advice about your specific situation, talk to a licensed Ohio attorney who can review all facts and documents and recommend the best steps for enforcing or disputing an oral agreement about wrongful-death proceeds.