Can a Wrongful Death Claim Be Filed If the Deceased Didn’t Have a Will?
Yes. In California, the right to bring a wrongful death claim does not depend on whether the deceased had a will. Wrongful death rights are created by statute, not by the terms of the deceased’s estate plan. A will controls how certain estate assets are distributed after death, but it does not determine who is permitted to bring a wrongful death action.
Who Can File a Wrongful Death Claim in California?
California law gives specific surviving family members the right to file a wrongful death claim, regardless of what a will says or whether one exists. Potential claimants may include:
- The surviving spouse
- A domestic partner
- Children of the decedent
- Certain descendants of deceased children
- Other individuals who may be entitled to inherit based on California’s intestate succession laws in some circumstances
Eligibility depends on the family structure and the statutory rules, not simply on who was named in a will.
What Happens If the Deceased Died Without a Will?
When a person passes away and there is no will in place, it’s called dying intestate. In that situation, California’s intestate succession laws determine who inherits the estate property. Those same rules can also become relevant in deciding whether certain relatives have standing to bring a wrongful death claim.
Is a Wrongful Death Claim Part of the Estate?
Generally, no. A wrongful death claim belongs to the surviving family members and compensates them for the losses they’ve experienced, not the losses their loved one would have experienced. This usually includes lost financial support, companionship, care, and guidance. It is separate from a survival action, which is filed on behalf of the deceased person’s estate and seeks the damages the deceased could have recovered had they lived.
Because these two types of claims are often pursued together but follow different rules, families frequently benefit from working with a qualified personal injury attorney in Roseville who can coordinate both.
What If There Are Multiple Heirs?
California generally treats wrongful death as one action that should include all eligible heirs. This is known as the “one action rule.” This means all known heirs should typically be included in the same case as opposed to everyone filing separate lawsuits. Problems can arise when one eligible family member files without including the others. A wrongful death lawyer can help identify everyone who may have a legal right to participate and make sure the case is filed correctly from the start.
How Are Wrongful Death Proceeds Divided Without a Will?
The deceased’s will or the lack of one does not automatically control how wrongful death proceeds are divided. Family members may agree among themselves on how to divide a settlement. If they cannot reach an agreement, the court may determine how the recovery should be allocated based on each claimant’s individual losses, such as their financial dependence on the deceased or the closeness of their relationship.
The distribution of wrongful death proceeds is entirely separate from the distribution of ordinary estate assets, which follow California’s probate and intestate succession rules.
Losing a loved one without a will in place can leave families with more questions than answers, but it won’t stop you from filing a wrongful death claim if you’re eligible. Contact our wrongful death lawyers today for a free consultation to learn who can file, what your claim may be worth, and how we can help your family move forward.