Detailed Answer
In Kentucky, wrongful death actions follow Kentucky Revised Statutes (KRS) Chapter 411. The person who brings the suit—often a personal representative or estate administrator—collects damages for losses such as funeral expenses, lost support and services, and loss of companionship. Once the court awards proceeds, KRS 411.130 dictates how to distribute them to heirs.
1. Identify the Personal Representative
The probate court issues Letters of Administration or Letters Testamentary naming someone to manage the estate. That person files the wrongful death claim and, after collecting proceeds, distributes funds according to KRS 411.130: KRS 411.130.
2. Determine Beneficiary Priority
- Spouse and Children: If the deceased left both a spouse and children, divide proceeds equally between them.
- Spouse Only: If no children, the spouse receives 100%.
- Children Only: If no spouse, children share equally.
- No Spouse or Children: Parents inherit equally. If no parents, proceeds pass to next of kin under Kentucky’s intestacy rules (KRS Chapter 391).
3. Follow Probate Procedures
- File an inventory of estate assets and secured wrongful death award.
- Pay valid debts, funeral costs and administrative expenses.
- Prepare a proposed settlement plan showing each heir’s share.
- Obtain court approval of distribution plan—usually via a hearing or written consent of heirs.
- Issue payments to heirs by check or direct deposit and file receipts with the court.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Review KRS 411.130 early to understand beneficiary tiers.
- Keep accurate records of expenses and distributions.
- Notify all potential heirs in writing to prevent disputes.
- Consider mediation if heirs contest the distribution.
- Consult a probate attorney to ensure compliance with Kentucky law.