In some states, certain surviving family members are the ones who initiate a wrongful death lawsuit. In Kentucky, the estate’s personal representative is the one responsible for filing a case.
It doesn’t mean they are the ones entitled to the compensation; it’s simply the person who files the lawsuit on behalf of the decedent’s estate. You may also hear a personal representative referred to as administrator or executor.
This person is appointed to handle the decedent’s estate, such as probate of a will. It could be a spouse, sibling, adult child, etc. Someone can also apply to be the personal representative under Kentucky Revised Statutes 395.040.
Courts prefer that the person be a surviving spouse, but they will also consider other people entitled to distribution under the probate laws. If there is no suitable option, the court will appoint one or more people the judge believes will best manage the estate.
Once there’s a personal representative in place, this person will be responsible for filing the wrongful death lawsuit. It’s best to have an experienced Kentucky wrongful death lawyer assisting you. At Gerling Law, we can help with the entire process—from getting a personal representative appointed to pursuing a wrongful death lawsuit.