How Is a Wrongful Death Settlement Divided?

Once again, the rules on how funds are distributed vary significantly from state to state, and in some cases can be complex.

These state rules are also quite rigid about identifying heirs and assigning shares for wrongful death settlements. In both Georgia and South Carolina, wrongful death payouts are distributed to heirs according to state intestacy laws—or in other words, the “default” inheritance rules that apply when there is no will.

Unlike a will, in which a deceased person can divide their estate however they choose to whomever they choose, wrongful death settlements must be divided precisely according to state statute, even if the person left a valid will.

Who Gets the Money From a Wrongful Death Settlement in Georgia?

In Georgia, the basic rule is that wrongful death settlements are divided in equal shares between a surviving spouse and all surviving children, but with the spouse entitled to no less than one third of the total amount.

To give you some simple examples:

• 1 Spouse, 1 child—Each receives 1/2
• 1 Spouse, 2 children—Each receives 1/3
• 1 Spouse, 3 children—Spouse receives 1/3, each child receives 2/9 (or in other words, the remaining 2/3 not paid to the spouse is split evenly 3 ways).
• No spouse, 4 children—Each receives 1/4

Grandchildren or other descendants typically do not get shares, unless their parent (the child of the deceased) is also deceased. In that case, any grandchildren would split the share that would have gone to their parent.

For example, suppose the deceased had:

• No surviving spouse
• Two surviving children
• One deceased child who had two children of his/her own

In this case, each of the surviving children would receive 1/3 each, and the two grandchildren with a deceased parent would receive 1/6 each.

If the deceased has no surviving spouse or descendants, but at least one surviving parent, the parent(s) will be the beneficiaries of the wrongful death lawsuit. If there are no parents, then any surviving siblings will be the beneficiaries.

Who Gets the Money From a Wrongful Death Settlement in South Carolina?

The main difference between Georgia and South Carolina is that, in South Carolina, a surviving spouse is entitled to not less than half of a wrongful death settlement. Looking at the same examples as we did before:

• 1 Spouse, 1 child—Each receives 1/2
• 1 Spouse, 2 children—Spouse receives 1/2, each child receives 1/4
• 1 Spouse, 3 children—Spouse receives 1/2, each child receives 1/6
• No spouse, 4 children—Each receives 1/4

Another difference in South Carolina is that, if the deceased was unmarried and had no children but has living parents, the judge can limit (or outright deny) the share of a parent if it’s determined that the parent did not support the child while they were growing up.

Otherwise, the basic process is the same as it is in Georgia.

Common Questions and Atypical Scenarios

While the above information covers most family situations, you may still have some questions. Here are a few additional things to keep in mind.

• Half relatives are counted the same as full or whole relatives.
• Foster children and stepchildren do not receive a share unless they were legally adopted by the deceased.
• Unborn children of the deceased receive a share if they are born within 10 months of the death.
• Children born outside of marriage receive a share so long as paternity is legally established (although the exact standards for this vary somewhat between Georgia and South Carolina).
• In general, every possible effort will be made to pay the wrongful death damages to surviving family members, even comparably distant ones (like uncles and aunts, cousins, nephews and nieces) if there is no living spouse, descendent, parent, or sibling.