Who Can File a Wrongful Death Claim in Kentucky

By the FigureMyTax Editorial Team · How we calculate

Kentucky routes the lawsuit through the estate's personal representative, while guaranteeing the surviving spouse a fixed minimum share of whatever the family ultimately recovers.

The personal representative files, the kindred benefit

Under KRS 411.130(1), the wrongful death action is brought by the personal representative of the decedent's estate — family members don't file directly themselves. The recovery passes to the kindred of the deceased as provided by Kentucky law, generally following the state's rules for who inherits when someone dies without a will.

A guaranteed spousal minimum

Whatever the total recovery, the surviving spouse is guaranteed at least one-half of it under KRS 411.130 — regardless of how many children, parents, or other kindred are also entitled to share in the remainder.

A separate claim for pre-death injuries

Kentucky maintains a distinct survival statute, KRS 411.140, letting the estate pursue the decedent's own personal injury claim — covering their pain and suffering before death — as a separate action alongside the wrongful death claim itself.

Official sources

• Kentucky Revised Statutes — fault allocation (Kentucky Legislature)

This is general information, not legal advice. Beneficiary eligibility is fact-specific. Confirm who qualifies in your situation with a licensed Kentucky attorney.