In Philadelphia, and throughout Pennsylvania, wrongful death proceeds are divided as though the victim had no will. It depends on who survived the victim and the respective relationships to the deceased.
For example:
If a spouse only, parents only or children only, they receive the entire award. There are no other family members to share it with.
When there is a surviving spouse and children in common, the spouse gets the first $30,000 and half of the rest. The surviving children split the remainder.
For a spouse and children who are not in common with the deceased, the spouse receives 50%, and the children receive 50%.
If there is a spouse and parents, the spouse gets the first $30,000 and half of the rest. The parents receive the rest.
The victim’s will still applies to their estate distribution.