Short answer

No — in Pennsylvania wrongful death proceeds generally do not pass under the decedent’s will. Pennsylvania law sets out specific beneficiaries who receive wrongful death recoveries (typically the surviving spouse and children). A separate survival action (for the decedent’s own claims) can become part of the estate and therefore be distributed under the will, but the statutory wrongful death recovery follows the Wrongful Death Act’s rules rather than testamentary directions. See 42 Pa.C.S. § 8301 and related provisions.

Detailed answer — how Pennsylvania law treats wrongful death and related claims

Two distinct causes of action commonly arise when someone dies because of another’s wrongful act. Each has a different legal destination for recovery:

1. Wrongful death action (for survivors’ losses):

   Pennsylvania’s Wrongful Death Act sets out who may bring a wrongful death claim and how any damages are distributed. The Act provides that where an individual’s death is caused by the wrongful act, negligence or default of another, specified survivors (usually the spouse and children) are entitled to recover for their pecuniary losses. Those recoveries are statutory and go to the beneficiaries named by the statute rather than to whomever the decedent named in a will. See 42 Pa.C.S. § 8301 (Wrongful Death Act): 42 Pa.C.S. § 8301.

2. Survival action (claims the decedent could have brought):

   A survival action preserves claims that belong to the decedent at the time of death (for example, the decedent’s pre-death pain and suffering or medical expenses). Recoveries from a survival action are typically assets of the decedent’s estate and therefore are handled by the personal representative; distribution of those assets will follow the decedent’s will (if valid) or intestacy rules if there is no will. See 42 Pa.C.S. § 8302 (survival actions): 42 Pa.C.S. § 8302.

Important practical effects:

• If you recover in a wrongful death lawsuit, those wrongful death damages are paid to the survivors designated by statute (for example, spouse and children) in the proportions the statute specifies. They do not automatically become part of the decedent’s probate estate to be distributed under the decedent’s will.
• If the decedent’s estate brings (or preserves) a survival claim, proceeds from that claim generally become estate property and are subject to distribution under the will or under intestacy rules.

Example hypotheticals:

• Scenario A: Decedent leaves a spouse and two children. The family brings a wrongful death claim. Under the Wrongful Death Act the recovery will be divided among the spouse and children as the statute provides; the decedent’s will beneficiary will not receive those wrongful death proceeds.
• Scenario B: Decedent has no spouse or children. The personal representative pursues a wrongful death recovery on behalf of the next of kin or otherwise as the statute directs. In some circumstances the recovery will be distributed according to the Act’s directions; whether the will’s beneficiaries receive those funds can depend on the statute’s language and the exact facts — this is a technical area where a lawyer should be consulted.

Because Pennsylvania law separates wrongful death and survival claims, it is common for both types of claims to be asserted in the same lawsuit. Any settlement or verdict should expressly allocate amounts to wrongful death versus survival damages so parties and courts can determine where money should be paid.

Key statutes and timing

Primary statutory references:

• Wrongful Death Act: 42 Pa.C.S. § 8301 — available at: https://www.legis.state.pa.us/…/sctn=8301
• Survival actions: 42 Pa.C.S. § 8302 — available at: https://www.legis.state.pa.us/…/sctn=8302
• Common statute of limitations rules that may apply to tort claims: 42 Pa.C.S. § 5524 (two-year limitation for many personal injury actions) — available at: https://www.legis.state.pa.us/…/sctn=5524

Statutes and case law can be technical. Timely filing and correct pleading of wrongful death and survival counts are critical to protect claims and to ensure recoveries flow to the appropriate parties.

Helpful hints

• Understand the difference: wrongful death = recovery for survivors under statute; survival = decedent’s own claims that become estate assets.
• Ask the lawyer or the settlement documents to allocate recovery between wrongful death and survival components so funds are paid to the correct recipients.
• If you are a potential beneficiary (spouse, child, next of kin), get counsel early to protect your rights and deadlines. Pennsylvania has strict time limits for tort litigation.
• If no spouse or children exist, distribution questions can be complex — the statute’s language about “next of kin” can lead to disputes between intestate heirs and will beneficiaries. Seek legal advice in that situation.
• Be aware creditors, liens, medical providers, or Medicaid liens may affect net recovery; handling these issues properly usually requires coordination between estate counsel and the wrongful death lawyer.
• Do not assume a will controls wrongful death proceeds — verify whether the money at issue is wrongful death money or estate/survival money.