Detailed Answer

Short answer: generally no — wrongful death damages in South Carolina do not simply pass under the decedent’s will. South Carolina law treats a wrongful-death claim as a statutory right for the decedent’s survivors, governed by the South Carolina Wrongful Death Act (Title 15, Chapter 51 of the South Carolina Code). That statutory scheme determines who may bring the claim and how any recovery is distributed. For the decedent’s own pre-death claims (often called a survival action), any recovery belongs to the decedent’s estate and is distributed according to the decedent’s will or applicable intestacy rules.

How South Carolina separates wrongful death and survival claims

There are two related but distinct types of claims that often arise when someone dies because of another’s conduct:

• Wrongful death claim — This is a statutory cause of action created for the benefit of certain survivors (for example, a surviving spouse, children, and, in some situations, parents or other next of kin). In South Carolina those rights are governed by the Wrongful Death Act; the cause of action exists for the benefit of the survivors, and recoveries are distributed under the statutory framework rather than under the decedent’s testamentary directions. See Title 15, Chapter 51 of the South Carolina Code: https://www.scstatehouse.gov/code/t15c051.php.
• Survival action — This is a claim that belongs to the decedent’s estate for injuries the decedent suffered before death (for example, medical expenses, conscious pain and suffering, lost earnings up to death). A survival action is prosecuted for the estate by the personal representative and any recovery generally becomes part of the estate assets and is distributed according to the will or the intestacy statutes if there is no valid will.

Who brings the case and who receives the money?

Under South Carolina law, the wrongful-death action is typically brought for the benefit of those survivors designated by statute. A personal representative or other authorized party may prosecute the action, but the damages awarded for wrongful death are intended for the surviving family members rather than to be disposed of by the decedent’s will. By contrast, proceeds from a successful survival action are received by the estate and then distributed according to the will or the probate rules.

Practical consequences

This legal distinction matters because it affects:

• Who can sue and who receives settlement or judgment proceeds;
• Whether the decedent’s will controls the distribution of those proceeds;
• How settlements should be structured (sometimes separate settlements or allocations are needed for wrongful-death vs. survival claims); and
• Tax, creditor, and probate implications for the money received.

Where to read the law

Read the Wrongful Death Act in the South Carolina Code here: https://www.scstatehouse.gov/code/t15c051.php. For related rules about estate administration and distribution of estate property (including assets that pass under a will), see the South Carolina code on estates and probate in Title 62: https://www.scstatehouse.gov/code/t62c001.php.

When the lines blur: settlement strategy and court approval

Because wrongful death and survival claims can coexist, settlements should be handled carefully. A settlement that lumps together wrongful-death and survival elements can affect how money is distributed. Often a personal representative and the beneficiaries will want clear documentation (or court approval) allocating settlement amounts between the survival claim (estate) and the wrongful-death claim (survivors). This protects distribution rights and reduces later disputes.

Example (hypothetical facts)

Suppose Alice is killed in a car crash caused by Bob. Alice’s personal representative sues on two theories: (1) a survival claim for Alice’s pre-death medical bills and pain and suffering, and (2) a wrongful-death claim for the benefit of Alice’s spouse and children. If the case settles, the portion allocated to the survival claim becomes estate property and will be distributed according to Alice’s will or intestacy law. The portion allocated to wrongful death is distributed to the statutory beneficiaries and is not subject to Alice’s will.

Bottom line

Wrongful death proceeds in South Carolina are not simply disposed of by the decedent’s Last Will and Testament. The wrongful-death statute controls who benefits from those proceeds. Separate survival claims, however, typically become estate property and follow the will. If you are involved in or advising on such a case, it is important to identify and document which damages belong to the estate and which belong to the survivors, and to follow the procedures required by South Carolina law.

Relevant statute: South Carolina Wrongful Death Act, Title 15, Chapter 51 of the South Carolina Code: https://www.scstatehouse.gov/code/t15c051.php.

Helpful Hints

• Early identification: Determine quickly whether you have a survival claim, a wrongful-death claim, or both. That affects who must be involved in settlement talks.
• Collect documents: Gather the death certificate, medical records, proof of relationship (marriage certificate, birth certificates), any will and letters testamentary for the estate, and records of expenses and lost earnings.
• Statute of limitations: Don’t miss deadlines. Many personal injury and wrongful-death claims in South Carolina have limited filing periods. See South Carolina’s limitation of actions provisions (Title 15): https://www.scstatehouse.gov/code/t15c003.php and consult counsel promptly.
• Estate vs. survivors: If you are a personal representative, understand that recovery for the decedent’s own pre-death losses generally goes into the estate; wrongful-death damages go to survivors under the statute.
• Settlement allocations: Ask for a written allocation between survival and wrongful-death damages in any settlement, and consider seeking court approval if there are multiple claimants or potential conflicts.
• Get an attorney: Because the interaction between probate and wrongful-death law can be complex, consult an attorney experienced in South Carolina wrongful-death and probate law to protect distribution rights and comply with statute and court rules.
• Be mindful of liens and subrogation: Medical providers, Medicare/Medicaid, and insurers may assert liens against recovery. Address these early.