Kyle Busch's Family Will Not Pursue Wrongful Death Claim, Court Filings Confirm

Kyle Busch’s family has decided against filing a wrongful death lawsuit following his passing. Court records from Lincoln County, North Carolina, dated June 16, revealed that Busch's death certificate and will were submitted, according to information obtained by USA TODAY Sports.

One document, signed by John S. Fuller, who seeks to serve as the executor of Busch’s estate, indicates that "there is not a potential claim for wrongful death arising under (North Carolina statute) G.S. 28A-18-2." Busch passed away at 41 on May 21 at 4:37 p.m. at Atrium Health Carolinas Medical Center in Charlotte. His death certificate attributes his passing to hemorrhagic shock and disseminated intravascular coagulation, conditions that lead to extensive clotting in small blood vessels.

The certificate also notes that Busch had been battling sepsis for at least a day and suffered from complications related to presumed bacterial pneumonia for several days prior. Just 11 days before his death, during a Cup Series race at Watkins Glen, Busch was heard requesting medical assistance over the radio. An autopsy ruled his death as natural, and he was cremated at Cavin-Cook Funeral Home in Mooresville, North Carolina.

Busch achieved his final NASCAR victory in the Truck Series merely six days before his death in Dover, Delaware. He holds the record as the all-time winningest driver across NASCAR’s three national series, with 234 career victories and two championships in the premier Cup Series during his time with Joe Gibbs Racing in 2015 and 2018. His sudden passing sent ripples through the racing community, leading to an outpouring of tributes nearly a month later.

In August 2015, Busch signed his last will and testament, which details that his personal belongings, including cars and jewelry, would be inherited by his wife, Samantha. Records show he established a revocable living trust in 2017. While his will names Clifton W. Homesley as the executor, it stipulates that if Homesley cannot serve, Fuller will take over. Following the filing, Homesley resigned from his role as executor.

Since her husband's death, Samantha Busch has made only a few public statements, mostly through social media. Recently, she shared on Instagram, “It feels like God is reminding me that I’m not alone and that Kyle is letting me know he’s okay, that he’s close, and that somehow he’s still walking beside us.”