Detailed Answer
Short answer: In Washington, whether an oral agreement splitting wrongful-death proceeds is enforceable depends on who had authority to settle or distribute the claim, whether the agreement is proven by clear evidence, and whether the agreement conflicts with statutory distribution rules that govern wrongful-death recoveries. If someone later challenges the oral deal, the usual remedies are asking the probate or civil court to enforce the contract, to void it for fraud/duress/mistake, or to order an accounting or constructive trust. You should act quickly to preserve proof and your legal rights.
Who brings and controls a wrongful-death claim in Washington?
Washington law treats wrongful-death claims differently from ordinary personal claims. The action is typically prosecuted for the benefit of the decedent’s survivors and is controlled through the decedent’s representative or the rules that govern distribution of death recoveries. See Washington’s wrongful-death statute for the governing rules: RCW Chapter 4.20. Probate law also governs how money in an estate is handled; see RCW Title 11 (Probate).
Are oral agreements to divide proceeds legally binding?
Oral agreements can be legally binding in Washington, but they are harder to prove and enforce than written agreements. A court will consider:
- Who had authority to settle the wrongful-death claim or to distribute proceeds (for example, a personal representative or an executor appointed by the probate court);
- Whether the oral agreement was supported by mutual assent and consideration;
- Whether the parties performed under the agreement (partial performance can make an oral agreement enforceable); and
- Whether the agreement violates any statute or public policy (for example, attempting to divert statutory shares of recovery in a way that the court won’t approve).
What evidence will a court want to see?
To enforce an oral agreement, gather as much corroborating evidence as possible:
- Contemporaneous emails, text messages, voicemail transcripts, or notes describing the deal;
- Witness statements from people who were present when the agreement was made;
- Partial performance (payments, releases signed, or actions taken under the agreement);
- Any communications from insurers, attorneys, or the personal representative acknowledging terms; and
- Bank records showing transfers consistent with the agreement.
Common legal claims and remedies
When parties dispute an oral agreement over wrongful-death proceeds, the following actions are common in Washington courts:
- Breach of contract: Sue for enforcement or damages when one party refuses to honor an oral agreement.
- Declaratory judgment: Ask a court to declare the parties’ rights under the oral agreement or to interpret an ambiguous agreement.
- Petition in probate court: If the funds are in an estate or the personal representative controls distribution, file a petition asking the probate court to approve, interpret, or reject the agreement or to order an accounting.
- Equitable remedies: Ask for a constructive trust, unjust enrichment recovery, or equitable accounting if money was paid based on false pretenses or where fairness requires returning funds.
- Set-aside for fraud, duress, or undue influence: If the oral deal resulted from improper pressure or misrepresentation, ask a court to void it.
Practical steps to enforce or dispute the oral agreement
- Preserve evidence: save all communications, records of payments, and witness information immediately.
- Confirm authority: identify whether a personal representative or the probate court controls the claim and whether that person agreed to the split.
- Request written confirmation: ask other parties to reduce the oral agreement to a signed written settlement or release.
- Send a demand letter: if you believe the other side breached the oral deal, a written demand from you or your attorney can prompt settlement.
- Consider probate action: if proceeds are part of an estate, petition the probate court for relief (distribution order, accounting, or enforcement).
- File a civil suit if needed: where contract enforcement or equitable relief is required, bring a breach, declaratory judgment, or restitution claim in civil court.
- Explore alternative dispute resolution: mediation or arbitration can resolve disputes faster and at lower cost than a trial.
Timing and statutes of limitation
Act promptly. Deadlines may apply to filing wrongful-death claims and to filing civil suits for breach or other remedies. If the underlying wrongful-death action has not yet been resolved, settlement or distribution decisions may be time-sensitive. Consult counsel quickly to avoid missing critical deadlines.
When a court may refuse to enforce an oral agreement
A Washington court may refuse to enforce an oral agreement if:
- The purported agreement violates a statute or public policy;
- The person who made the agreement lacked capacity or acted under duress or fraud;
- The party seeking enforcement cannot substantiate the oral terms by clear and convincing evidence; or
- Enforcing the agreement would unfairly deprive statutory beneficiaries of protections built into the wrongful-death or probate laws.
Because wrongful-death recoveries often involve statutory rules and court-supervised distribution, Washington courts will scrutinize private reallocations that bypass probate protections or ignore the rights of survivors and dependents.
This is not legal advice. The rules that apply to your situation can vary with facts and timing—talk to a Washington probate or wrongful-death attorney promptly if money, settlements, or distributions are at issue.
Helpful Hints
- Get any agreement in writing and signed by everyone who has a legal interest or control over the proceeds.
- If a personal representative exists, confirm in writing that they have authority to settle and distribute according to the agreement.
- Preserve electronic evidence immediately—texts, emails, and voice messages can prove an oral deal.
- Avoid unilateral payments or releases until you understand how they affect everyone’s rights.
- If a dispute arises, consider mediation first to limit costs and preserve relationships.
- Ask the probate court for an accounting or distribution order when funds are part of an estate or when a personal representative is involved.
- Consult an attorney experienced in Washington wrongful-death and probate law quickly—timing matters for filings and preserving claims.