Survivor Action
Survivor Action is what occurs if the plaintiff dies before collecting a judgment, or if an award is made to a deceased plaintiff's estate. Damages that are paid to a decedent's estate are subject to estate and inheritance taxes as well as any claims by creditors, as is the case with the assets of any estate.
A survivor action is considered to belong to the decedent's estate, either because the decedent filed the suit, or the suit was filed on behalf of the decedent. If the decedent had a binding will in place, monies from the award are distributed according to the terms of the will. If on the other hand, the decedent passed away without a will, the award is distributed according to intestate laws of that particular jurisdiction. This generally means that the state takes the first share in the form of inheritance taxes, followed by any creditors with claims against the estate. The remainder is distributed according to common law rules regarding kinship.
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A wrongful death suit is different from a liability case, and accordingly, the award made in such a case is treated differently under the law. A wrongful death suit arises because the death of an individual is the result of another person's action or negligence. Such a suit is filed by the victim's next-of-kin (usually, the immediate family) in order to recover losses arising from the victim's death (loss of income, emotional distress, etc.)
Unlike a survivor action, a wrongful death action is considered to belong to the beneficiaries, not the estate of the deceased. Damages awarded are not subject to estate or inheritance taxes, nor may the decedent's creditors file claims against such an award. In the case of a wrongful death recovery, whether or not the decedent had a legal will is immaterial. Proceeds are distributed to the decedent's survivors according to statute, not inheritance law.