Detailed Answer

This section explains how Washington law governs distribution of wrongful death recovery and lists the steps to ensure proceeds reach the rightful heirs.

Who Can File a Wrongful Death Claim?

Under RCW 4.20.020 (4.20.020), the following persons may bring a wrongful death action:

• Surviving spouse.
• Children or issue of the deceased’s children.
• If there is no spouse or minor children, the parent(s) of the deceased.

How Proceeds Are Apportioned

Washington law sets specific rules for dividing the net recovery. RCW 4.20.046 (4.20.046) provides:

• If there is a surviving spouse and one or more children: 50% to the spouse and 50% equally among the children.
• If there is a spouse and no children: 100% to the spouse.
• If there is no spouse but there are children: 100% equally among the children (or by representation for predeceased children).
• If there is no spouse or children: 100% to the parents equally (or to the surviving parent).

Steps to Distribute Proceeds

1. Obtain a certified copy of the court judgment or settlement agreement.
2. Calculate net proceeds after deducting expenses and fees.
3. Identify all entitled heirs per RCW 4.20.046.
4. Allocate shares according to statutory percentages.
5. Secure receipts or releases from each heir.

Tax and Reporting Considerations

Wrongful death proceeds may have tax implications. Consult IRS guidelines and the Washington Department of Revenue to determine any reporting requirements.

Disclaimer: This article provides general information under Washington law and does not constitute legal advice. For guidance specific to your situation, consult a qualified Washington attorney.

Helpful Hints

• Verify familial relationships with birth certificates or wills.
• Consult a probate or personal injury attorney early to avoid delays.
• Keep detailed records of expenses and distributions.
• Notify all heirs in writing of their share and distribution schedule.
• Use a mediator when heirs disagree on allocation.