Short answer: In Utah, wrongful death proceeds generally do not simply “pass” under the decedent’s will. Utah law creates a separate wrongful-death remedy that is for the benefit of certain survivors and is distributed under the wrongful-death statute. Separately, a related survival action (damages that belong to the decedent’s estate) is an asset of the estate and is distributed according to the will or intestacy rules.
Detailed answer — how wrongful death and survival claims are treated under Utah law
Utah law distinguishes two different legal claims that can arise when a person dies because of another’s fault:
- Wrongful-death claim: This is a statutory cause of action brought for the benefit of the decedent’s surviving family (for their loss of support, companionship, and related damages). Utah’s wrongful-death provisions establish who may bring the claim and how the recovery is to be applied for the benefit of survivors. See Utah’s wrongful-death statutes: Utah Code Title 78B, Chapter 3 (Wrongful Death).
- Survival action: This is a separate action (often called a survival or “estate” claim) that seeks recovery for harms the decedent suffered before death (pain and suffering, medical expenses, lost wages owed to the decedent, etc.). Those damages belong to the decedent’s estate and are treated like other estate assets — they become part of the probate estate and are distributed under the decedent’s valid will or, if there is no will, according to Utah’s intestacy rules. See Utah probate/intestacy law: Utah Code Title 75, Chapter 2 (Intestate Succession).
Because the wrongful-death claim compensates surviving relatives (not the decedent), proceeds from a wrongful-death recovery are generally for the benefit of the survivors named or prioritized under the wrongful-death statute, not subject to the decedent’s testamentary dispositions. In contrast, a survival-action recovery is treated as an asset of the estate and will pass according to the will or, if none, to heirs under intestacy.
Practical implications
- If you are a surviving spouse, child, parent, or other relative considering a claim, know whether you are pursuing a wrongful-death recovery (for survivors) or representing the estate’s survival action. The plaintiff and the distribution rules can differ.
- Typically the personal representative or administrator of the estate brings the wrongful-death claim on behalf of survivors (or the representative may need to be involved). Check Utah’s wrongful-death provisions for who is authorized to file and receive proceeds. See: Utah Code Title 78B, Chapter 3.
- If a settlement or judgment includes both survival and wrongful-death elements, the recovery should be itemized so survival funds can be placed in the estate and wrongful-death funds can be distributed to the survivors according to statute.
Common questions people ask
- Can a will give wrongful-death proceeds to someone? Not usually. Because the wrongful-death action is intended to compensate survivors for their particular losses, the law specifies who benefits. A will generally cannot override the statutory distribution of wrongful-death proceeds. The testator’s will controls estate assets — including a survival-action recovery — but not statutory wrongful-death distributions.
- Who decides how wrongful-death money is divided? Utah’s wrongful-death statute and case law set priorities for beneficiaries (spouse, children, next of kin). The personal representative or the court administers the recovery if there is a dispute. See Utah Code Title 78B, Chapter 3 for the statutory framework.
- What if the decedent’s will names different people than the survivors? The will controls distribution of estate assets (including survival damages) but not wrongful-death proceeds intended for surviving family members under the statute.
Helpful hints — what to do next
- Gather documents: death certificate, medical records, bills, pay stubs, marriage and birth certificates for survivors, and the decedent’s will (if any).
- Identify the claims: determine which damages belong to the estate (survival) and which belong to survivors (wrongful death). Proper labeling in settlement negotiations avoids later disputes.
- Contact the personal representative: if you are a survivor, work with the decedent’s personal representative or estate attorney; if you are the representative, understand the statutory duties to survivors.
- Consult a Utah attorney who handles wrongful-death and probate matters to advise on filing, negotiation, and distribution; wrongful-death actions have procedural rules and timelines that matter.
- Keep clear records of how settlement funds are allocated and any court orders approving distribution.
Where to read the law: Utah’s wrongful-death provisions are located in Title 78B, Chapter 3: https://le.utah.gov/xcode/Title78B/Chapter3/78B-3.html. Utah’s probate and intestacy rules are in Title 75: https://le.utah.gov/xcode/Title75/Chapter2/75-2.html.
Disclaimer: This article is for general informational purposes only and is not legal advice. Laws change and every situation is unique. Consult a licensed Utah attorney to get advice tailored to your specific facts.