Disclaimer

This is general information, not legal advice. I am not a lawyer. For advice about a specific case, consult a licensed Kentucky attorney.

Detailed Answer — How Kentucky law treats wrongful death and estate distribution

Short answer: Generally, wrongful death proceeds do not pass under the decedent’s will. Kentucky law distinguishes two separate claims that may arise when someone dies because of another’s conduct: (1) the wrongful death claim created by statute for the benefit of survivors and (2) the survival action that belongs to the decedent’s estate. Which money goes where depends on which claim produced the recovery.

1. Two different causes of action — why the difference matters

Kentucky recognizes a statutory wrongful death cause of action and a survival cause of action. They are often filed together but they are legally distinct:

• Wrongful death action (statutory): This is a claim created by the Kentucky wrongful death statutes. It exists for the benefit of the decedent’s surviving spouse, children, or next of kin and generally compensates for the pecuniary loss caused by the death. Because this cause of action is statutory and intended for survivors, recovery on a wrongful death claim is distributed according to Kentucky’s wrongful death statute rather than by the decedent’s testamentary plan.
• Survival action (common-law/statutory survival): This claim is essentially the claim the decedent could have pursued if they had lived — for example, pre-death pain and suffering, medical expenses, lost wages up to the time of death, and similar losses. Those damages typically become part of the decedent’s estate and therefore pass according to the will or intestacy rules if there is no valid will.

2. Who receives wrongful death proceeds?

Proceeds from a wrongful death claim are generally for the benefit of the decedent’s surviving spouse and next of kin as provided by Kentucky’s wrongful death statute. The personal representative (executor or administrator) normally brings the action on behalf of those beneficiaries and will manage settlement or litigation, but the distribution of damages intended for survivors follows the statutory scheme, not the decedent’s will.

3. Who receives survival action proceeds?

Damages awarded for the decedent’s own losses that accrued before death (survival action) are treated as assets of the decedent’s estate. These sums go into the estate and are then distributed under the decedent’s last will and testament (if valid) or under Kentucky intestacy rules if there is no will.

4. Practical consequences

• If a decedent left a will leaving everything to a friend but the decedent’s children are entitled to wrongful death recovery, those wrongful death funds will not be diverted to the friend by the will. The children (or other statutory beneficiaries) receive wrongful death damages as provided by statute.
• If a settlement lumps survival and wrongful death damages together, the personal representative should identify and allocate which portion of the recovery represents estate (survival) damages and which portion represents wrongful death damages to ensure correct distribution. Courts and defendants may insist on allocations.
• Because the personal representative pursues wrongful death claims, they have an obligation to protect the estate and the statutory beneficiaries. Settlements often require court approval or reporting to avoid challenges.

5. Key Kentucky statutory source

Kentucky’s wrongful death and survival rules are found in the Kentucky Revised Statutes governing actions and remedies relating to death. For the statutory framework and precise text, consult the Kentucky statutes online (search for Chapter 411 and related sections): Kentucky Revised Statutes (KRS) — search page. The statutes describe who may bring suit, how recoveries are allocated, and procedural requirements.

Common questions people ask (FAQ-style clarifications)

Q: Can a will direct wrongful death money to someone other than statutory beneficiaries?

No. Because the wrongful death cause of action exists for the benefit of surviving family members by statute, a decedent’s will generally cannot override the statutory distribution of wrongful death damages.

Q: What if the decedent’s will appoints a personal representative who wants to keep wrongful death proceeds for the estate?

The personal representative must follow the law. Survival-action recovery becomes estate property, but wrongful death recovery is distributed according to statute to the survivors. Misallocating wrongful death funds to the estate can lead to litigation and fiduciary liability for the personal representative.

Q: What if a settlement doesn’t itemize survival vs. wrongful death damages?

That can create disputes. Courts will look at the settlement, the parties’ intent, and applicable law. To avoid disputes, negotiators should allocate amounts to survival (estate) and wrongful death (survivors) portions and get court approval or clear documentation when possible.

Helpful Hints

• Distinguish survival vs. wrongful death claims early: identify which damages belong to the estate versus survivors.
• If you are a survivor or personal representative, hire a Kentucky attorney experienced in wrongful death/survival claims to protect rights and ensure proper distribution.
• When settling, insist on a written allocation between survival and wrongful death damages, or seek court approval for the distribution to avoid later challenges.
• Keep detailed records of the decedent’s pre-death medical expenses and lost-earnings evidence — that supports survival claims that become estate property.
• Be aware of procedural deadlines (statutes of limitation); an attorney can confirm the relevant deadlines for wrongful death and survival claims in Kentucky.
• If you suspect a personal representative is mishandling funds, seek legal advice promptly — beneficiaries and heirs can challenge distributions in probate court.
• Use the Kentucky legislature’s official statutes search to read the precise statutory language for wrongful death and survival provisions: Kentucky Revised Statutes online.