Under Kentucky law, the probate court must appoint a representative for the deceased estate. This representative is responsible for filing a wrongful death lawsuit on behalf of the deceased and their family. Any recovery from the wrongful death lawsuit will go first to the deceased estate to pay for funeral expenses and legal fees.
After that, the remainder of the recovery amount will go to the family, in the following order:
Surviving spouse, if there are no children.
Surviving spouse and children.
Surviving children, if there is no surviving spouse.
Parents of the deceased if there are no surviving children or spouse.
If there is no surviving immediate family, the recovery will go to the deceased's estate to be passed on to whoever is named beneficiary by the estate.