Detailed answer — how Oregon law treats wrongful-death proceeds

Oregon law separates two different types of civil claims that arise when a person dies because of someone else’s wrongdoing:

1. Wrongful-death claim (for the benefit of survivors). A wrongful-death action exists to compensate the decedent’s survivors (for example, a spouse, children, or other next of kin) for losses caused by the death—such as loss of financial support, loss of companionship, and related economic harms. Under Oregon’s wrongful-death statute, these recoveries are intended for the decedent’s survivors rather than being a general asset of the decedent’s probate estate that the will controls. See ORS Chapter 30 (wrongful death statutes), specifically ORS 30.020. For text and official language, see the Oregon Revised Statutes on wrongful death: https://www.oregonlegislature.gov/bills_laws/ors/ors030.html#30.020
2. Survival claim (belongs to the estate). A separate type of claim—often called a survival action—allows the decedent’s estate to recover damages the decedent could have recovered had they lived (for example, the decedent’s pain and suffering between injury and death, certain medical expenses, or lost earnings during that time). Money recovered via a survival claim generally becomes part of the decedent’s probate estate and is distributed according to the will (or intestacy rules if there is no valid will). See ORS Chapter 30 (survival actions): https://www.oregonlegislature.gov/bills_laws/ors/ors030.html#30.030

Because Oregon law treats wrongful-death and survival actions differently, the practical result is:

• If a recovery is awarded or settled specifically as a wrongful-death recovery for the benefit of survivors, the money is distributed to the statutory beneficiaries under the wrongful-death rules—not necessarily to the persons named in the decedent’s will.
• If a recovery is awarded or settled as part of the decedent’s survival claim (or as damages belonging to the estate), those funds are estate assets and are distributed according to the will or the intestacy statutes.

Who actually receives money and in what proportions depends on the statutory distribution scheme and on how claims are characterized and documented in the settlement or judgment. The personal representative (executor) typically pursues the survival claim on behalf of the estate and may have authority to pursue wrongful-death claims for the survivors as allowed by statute.

What this means if you are involved

If you are named in the decedent’s will but are not one of the statutory wrongful-death beneficiaries (for example, you are a non‑kin beneficiary), a wrongful-death recovery intended for survivors will not usually be redirected to you just because the decedent’s will names you. Conversely, if the estate brings and recovers on a survival claim, those proceeds can become estate assets subject to the will.

Practical examples (hypotheticals)

• Example A: A decedent leaves a will leaving all property to a friend. The decedent’s child brings a wrongful-death claim and the parties settle for money expressly allocated as wrongful-death damages for the child’s loss of support. That settlement benefits the child under the wrongful-death scheme—those proceeds are not likely to pass to the friend under the will.
• Example B: A decedent’s estate sues for the decedent’s own pre-death medical expenses and pain and suffering (a survival claim). Any recovery on the estate’s survival claim becomes estate property and will be distributed under the will (or by intestacy rules if there is no valid will).

Key statutory references

Oregon’s wrongful-death and survival-action rules appear in ORS Chapter 30. See the statutory language for details:

• ORS 30.020 (wrongful-death actions and beneficiaries): https://www.oregonlegislature.gov/bills_laws/ors/ors030.html#30.020
• ORS 30.030 (survival of actions; claims belonging to the estate): https://www.oregonlegislature.gov/bills_laws/ors/ors030.html#30.030

For rules about wills, probate, and distribution of estate assets, consult the Oregon probate chapters of the Oregon Revised Statutes (for example, ORS Chapter 112 and related provisions): https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx

Important caution: Whether a particular recovery is characterized as wrongful-death money or estate (survival) money can depend on how the lawsuit or settlement is structured and documented. Settlements often include allocation language that determines who receives what. A settlement that does not clearly allocate between wrongful-death and survival claims may require court approval or intense negotiation among survivors and the personal representative.

Helpful hints

• Do not assume the will controls wrongful-death money. Ask whether the recovery is for wrongful death (for survivors) or a survival claim (for the estate).
• Ask for a clear settlement allocation in writing. Settlement documents should clearly state whether money is paid for wrongful death, survival damages, or both, and in what amounts.
• If you are an heir, a named beneficiary, or the personal representative, consult a probate or wrongful-death attorney early. The distinction affects who has a legal right to proceeds and whether court approval is needed.
• Be aware that Oregon law prescribes who may bring a wrongful-death claim and who the statutory beneficiaries are; read ORS Chapter 30 for specifics: https://www.oregonlegislature.gov/bills_laws/ors/ors030.html
• Preserve documents: keep the will, any trust documents, medical bills, proof of relationship, and settlement or lawsuit paperwork. These documents matter when claims are allocated and when a court reviews distributions.
• Act promptly. Statutes of limitations and procedural rules apply to wrongful-death and survival claims; waiting can jeopardize recovery.