Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Kentucky law, a wrongful death claim arising from a car accident must be filed by the personal representative (administrator or executor) of the decedent’s estate. The relevant statutory authority is found in Kentucky Revised Statutes (KRS) Chapter 411. Specifically, KRS 411.130 requires that the action be brought in the name of the personal representative within two years of the date of death.
To act as personal representative, you must open a probate case in the circuit court of the county where the deceased lived at the time of death. If the decedent left a valid will, the named executor can petition for probate under KRS Chapter 396. If there is no will, the court will appoint an administrator who will have the same authority after qualifying by oath and, if required, posting a bond.
Once appointed, the personal representative has the legal authority to file a wrongful death lawsuit on behalf of the estate’s beneficiaries. This process ensures the court has jurisdiction over estate assets and that any recovery distributes to heirs according to KRS 411.140.
Failing to open an estate or obtain letters of administration may result in dismissal of the wrongful death claim for lack of standing.
Helpful Hints
- File probate promptly to meet the two-year statute of limitations under KRS 411.130.
- Gather the decedent’s death certificate and any will before petitioning the court.
- Consider hiring an attorney experienced in Kentucky wrongful death and probate law.
- Keep detailed records of accident reports, medical bills, and correspondence.
- Notify potential defendants early—Kentucky law requires timely service of process.