Detailed Answer
In Texas, a wrongful death action proceeds under Chapter 71 of the Texas Civil Practice & Remedies Code. When a court awards damages, the judge orders payment to the personal representative (executor) of the decedent’s estate. The personal representative must then distribute those proceeds to the “wrongful death beneficiaries” according to statute. See Tex. Civ. Prac. & Rem. Code § 71.004.
1. Identify Statutory Beneficiaries
Under § 71.004, the beneficiaries include:
- Surviving spouse
- Surviving children
- If no spouse or children, other heirs under intestate succession
2. Statutory Distribution Rules
- If the decedent leaves a spouse and one or more children: the spouse receives one-half of the damages; the remaining one-half divides equally among the children.
- If the decedent leaves only a spouse (no children): the spouse receives all damages.
- If the decedent leaves only children (no spouse): the children divide damages equally.
- If the decedent has no spouse or children: the proceeds follow intestate succession under the Texas Estates Code (Tex. Estates Code § 201.001 et seq.).
3. Procedure for Distribution
- Appoint or confirm appointment of a personal representative in probate court.
- Obtain the judgment or settlement order specifying total wrongful death damages.
- Calculate each beneficiary’s share per § 71.004 or intestacy rules.
- Prepare and file an affidavit of distribution, if required by the probate court.
- Issue checks or wire transfers to beneficiaries, retaining proof of payment.
4. Handling Complex Scenarios
If any beneficiary is a minor or lacks capacity, their share typically goes into a guardianship account. If disputes arise over who qualifies as a beneficiary, consider mediation or seek court guidance.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Start probate promptly to avoid distribution delays.
- Keep detailed records of all disbursements and communications.
- Verify the list of beneficiaries against the decedent’s family tree.
- Watch deadlines for filing an affidavit of distribution in probate court.
- Consider tax implications of lump-sum distributions.