Can you get lawsuit funding on a wrongful death case?

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

If you are reading this soon after a loss, nothing here has to be decided today.

Who owns a wrongful death claim

Each state answers this question differently, and the answer controls who can sign a funding contract.

• California. The claim belongs to the listed heirs, starting with the surviving spouse or registered domestic partner and the children, or to the personal representative suing on their behalf (CCP 377.60).
• Texas. The action is “for the exclusive benefit of the surviving spouse, children, and parents of the deceased,” and if none of them sues within three calendar months after the death, the executor or administrator must bring it unless they all ask otherwise (CPRC 71.004).
• Washington. The personal representative brings the case (RCW 4.20.010) for the family members listed in RCW 4.20.020.

Other states have their own lists. Our FAQ on who can file a wrongful death lawsuit walks through each group in these three states. For a funder, the point is practical. A personal representative who files the case in Washington is not necessarily the person whose money is at stake, so a funder will ask whose share the advance is drawn from.

One case, several shares

Wrongful death recoveries are split among family members, and the split may not be known until the end. The California Supreme Court explained that the action is joint, so “all heirs should join or be joined,” and that the recovery is a lump sum whose amount “is determined in accordance with the various heirs’ separate interests in the deceased’s life” (Cross v. Pacific Gas & Elec. Co. (1964) 60 Cal.2d 690). In Texas, the damages “shall be divided, in shares as found by the jury” (CPRC 71.010).

That shapes any advance. A funder contracting with one family member is betting on that person’s share, which could be larger or smaller than expected once the family settles or a jury decides. If several relatives want advances, each usually signs a separate contract, and each payoff comes out of that person’s share. Ask what happens to your contract if the family’s division changes. Our page on how an advance is paid back covers the payoff step, and the FAQ on wrongful death damages explains what the family can recover.

The estate’s claim and probate

Many fatal injury cases include a second claim that belongs to the estate rather than the family. In California, a claim that survives the death “passes to the decedent’s successor in interest” and may be brought by the personal representative or, if there is none, the successor in interest (CCP 377.30), who must file a sworn declaration with a certified death certificate (CCP 377.32). In Texas, a personal injury action survives “to and in favor of the heirs, legal representatives, and estate” (CPRC 71.021), while wrongful death damages “are not subject to the debts of the deceased” (section 71.011).

Money from the estate’s claim may have to pass through probate, where the decedent’s debts and the court’s process come into play. Opening an estate and appointing a personal representative also takes time. Before signing anything tied to the estate’s claim, ask the probate lawyer whether court permission is needed. Our FAQ on the survival action and wrongful death explains the difference between the two claims.

Minor children and court approval

When a child is among the heirs, the child’s share is protected by the court. In California, a compromise of a minor’s claim is valid only after the superior court approves it (Prob. Code 3500; CCP 372). Texas requires court approval of a next friend’s settlement (Tex. R. Civ. P. 44) and lets the court control how a minor’s recovery is managed (Prop. Code ch. 142). Washington’s rule covers every settlement involving a minor’s beneficial interest and requires a petition listing all liens and fees and the net amount to the minor (SPR 98.16W). A parent generally cannot pledge a child’s share to a funder. See a child’s injury case.

Deadlines, liens and time

Wrongful death deadlines can be short: two years in California (CCP 335.1) and Texas (CPRC 16.003), with exceptions explained in our FAQs for California, Texas and Washington. The decedent’s final medical care may leave hospital liens or Medicare claims that generally have to be resolved before any funder is paid; see funding and medical liens. Fatal crashes involving commercial vehicles also raise the insurance and timing issues on our truck accident page.

What to ask before you sign

• Under my state’s law, am I an owner of this claim, or is someone else filing for me?
• Is the advance drawn from my personal share, the estate’s claim, or both?
• How will my share be decided, and what happens to my payoff if it changes?
• Has the estate been opened, and does the probate court need to approve this?
• Are any heirs minors, and has the funder been told?
• What will I owe at 12, 24 and 36 months?

Common questions

Related pages

Cash advance on a lawsuit · Laws by state · Injury law FAQs

Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.