Who Gets the Money in a Wrongful Death Lawsuit?

The money in a wrongful death lawsuit goes to the close family members the state names, usually the spouse and children, and not to the estate’s creditors. In California the court determines each person’s share, often based on what the family agrees (CCP 377.61). The deadline to sue is generally two years in California and Texas (CPRC 16.003) and three in Washington.

Who is entitled to wrongful death money in California?

California gives the claim to the people listed in CCP 377.60:

• the surviving spouse or domestic partner, the children, and the children of a child who already died;
• if there are no descendants, the people who would inherit under the intestate rules;
• a putative spouse, stepchildren and parents, if they depended on the person;
• a minor who lived in the home for the last 180 days and received at least half of their support from the person.

The award is for the family’s own losses, such as lost support and the loss of love and companionship. California law then says the court determines the respective rights of the people entitled to the award (CCP 377.61). In practice, family members often agree on a split that reflects who depended on the person and how. When they cannot agree, a judge sets the shares.

How is the money divided in Texas and Washington?

Texas. The claim belongs to the surviving spouse, children and parents, and any one of them can sue for all of them (CPRC 71.004). If none of them files within three months of the death, the executor or administrator must bring it unless they all ask that it not be filed. At trial the jury awards damages and divides them among those family members in the shares it finds (CPRC 71.010). In a settlement, the family members and the defense agree on the shares, with a court involved when a child’s money is part of it.

Washington. The personal representative files the case (RCW 4.20.010), but the money is for the beneficiaries: the spouse or registered domestic partner and children, including stepchildren. Parents or siblings take only if there is no spouse, partner or child (RCW 4.20.020). Siblings have no claim in California unless they qualify under one of the categories above, and none in Texas.

Is wrongful death money part of the estate, and can creditors take it?

Two different claims can arise from one death, and they pay different people.

• The wrongful death claim pays the family for its own losses. Texas states it plainly: wrongful death damages are not subject to the debts of the deceased (CPRC 71.011).
• The survival claim is the person’s own claim that continued after death. In California it passes to the successor in interest and is brought by the personal representative or, if none, the successor (CCP 377.30). In Texas it passes to the heirs, legal representatives and estate (CPRC 71.021). In Washington the personal representative recovers economic losses for the estate, while the person’s own pain and suffering is recovered for the family beneficiaries (RCW 4.20.046).

Money that lands in a probate estate is used to pay estate debts in a set order before heirs receive anything (Probate Code 11420; RCW 11.76.110). That is why the settlement papers should say how much is for wrongful death and how much is for the survival claim. In California, a survival case filed on or after January 1, 2026 generally cannot recover the person’s pain and suffering (CCP 377.34).

What comes out of a wrongful death settlement before the family is paid?

Attorney fees. Most families hire a lawyer on contingency. In California the written contract must explain how costs affect the fee and the client’s recovery (B&P 6147), and in Texas the contract must be in writing and signed (Gov’t Code 82.065). Many contracts take the percentage from the gross amount, before costs and liens.

Example only: on a $300,000 settlement with a 33 percent fee, the fee is $99,000. If case costs are $6,000 and a medical lien is resolved for $15,000, $180,000 is left for the family. Your contract and your lien amounts decide the real figures.

Liens. If Medi-Cal paid for the person’s care, its recovery is limited to the part of the recovery that represents medical expenses, and the settlement is not final until the state gets notice (W&I 14124.76). Medicare’s conditional payments must be repaid after a settlement, through a final demand process (CMS). Health plans and hospitals may also assert claims.

How are minors’ shares protected?

A child’s share cannot simply be handed to a parent.

• California: a guardian ad litem can settle a child’s claim only with court approval (CCP 372). The court’s order (form MC-351) approves the fees and expenses paid from the child’s money (Probate Code 3601; rule 7.955). The rest usually goes into a blocked account that needs a court order to withdraw (form MC-355), a single-premium deferred annuity or a trust (Probate Code 3611).
• Texas: the court can order the money invested through the court clerk in insured deposits or other approved investments, or placed in a trust that ends by age 25 (Property Code chapter 142).
• Washington: any settlement for a minor needs court approval, usually with a settlement guardian ad litem. The petition must list liens and fees and show the net to the child, and the money generally goes into a blocked account or a trust (SPR 98.16W).

How are wrongful death settlements paid out?

1. The family and the defense agree on a total and on how it is shared.
2. The family signs a release.
3. Court approval is obtained for any minor’s share.
4. The insurer sends the payment, usually to the lawyer’s client trust account.
5. Liens are confirmed and paid, often after negotiating them down.
6. Each family member receives a written breakdown and their own payment.

Timing depends mostly on lien answers and court calendars.

What to do now

1. List every spouse, partner, child, parent and dependent of the person who died.
2. Find out whether a will or probate case exists, and who the personal representative is.
3. Gather any Medi-Cal, Medicare or health plan letters about the person’s care.
4. Keep funeral and burial receipts and note who paid them.
5. Talk openly as a family about how the money should be shared, and write down any agreement.
6. Mark the date of death; the deadline usually runs from it.
7. Have a lawyer review any offer before anyone signs.

Talk to us about your family’s claim

If your family lost someone because of another person’s carelessness and you are unsure who should receive what, call Beverly Law at (310) 552-6959 for a free, confidential review in English or Spanish. You owe no fees or costs unless we win.

Common questions

Related pages

Personal Injury Questions · Wrongful death statute of limitations in California · How are personal injury settlements paid out? · Can creditors take my personal injury settlement? · How much does a personal injury lawyer cost? · Personal injury questions · Law Blog

Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-13.