Loune-Djenia Askew, Esq
Aug 22, 2025
When a loved one passes away with a personal injury claim pending—or after a wrongful death claim is filed—the settlement or court award does not go directly to family members. In Florida, these proceeds often pass through the probate process before beneficiaries can receive them. Understanding how probate impacts distribution can help families avoid surprises during an already difficult time.
When a loved one passes away with a personal injury claim pending—or after a wrongful death claim is filed—the settlement or court award does not go directly to family members. In Florida, these proceeds often pass through the probate process before beneficiaries can receive them. Understanding how probate impacts distribution can help families avoid surprises during an already difficult time.
Why Probate Matters in Personal Injury Settlements
Probate is the legal process of administering someone’s estate after they die. In the context of personal injury or wrongful death cases, the probate court plays a role in:
Appointing a personal representative (PR) who has the authority to handle the claim.
Ensuring creditor claims, liens, and expenses are properly addressed.
Overseeing the fair distribution of settlement funds to beneficiaries.
Creditor Claims and Liens
One of the biggest impacts of probate on a settlement is creditor involvement. If the deceased owed money—such as medical bills, credit cards, or outstanding loans—creditors may file claims against the estate. In addition, Medicaid or health insurance providers may seek reimbursement for medical expenses paid on behalf of the deceased. These claims are typically resolved before beneficiaries receive any distribution.
How Proceeds Are Distributed
After creditors and estate expenses are paid, remaining settlement funds are distributed according to Florida law:
If there is a will – The funds are distributed to the beneficiaries named in the will.
If there is no will – Florida’s intestacy laws determine who inherits (such as a surviving spouse, children, or other relatives).
Wrongful death claims – Proceeds may go directly to surviving family members (spouse, children, or dependents), bypassing probate in certain cases.
Potential Delays and Court Approval
Because the court oversees the process, probate can delay when families receive settlement funds. In some cases—especially when minors or structured settlements are involved—the court must approve the final distribution to ensure the best interests of the beneficiaries are protected.
Why Legal Guidance Helps
The intersection of probate and personal injury law in Florida can be complex. From resolving creditor claims to determining who receives what share, each step requires careful attention to the law. Working with an attorney experienced in both probate and personal injury matters can make the process smoother and help ensure that families receive the compensation they deserve.
For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.
Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.