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Kyle Busch’s family not filing a wrongful death lawsuit, court records show

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It seems that Kyle Busch’s family won’t be filing a wrongful death lawsuit.

Court documents filed on June 16 in Lincoln County, North Carolina, included Busch’s death certificate, his will and other paperwork. Those documents were obtained by USA TODAY Sports. One of the documents, signed by John S. Fuller — who aims to qualify as the executor of Busch’s will — says that there “is not a potential claim for wrongful death arising under (North Carolina statute) G.S. 28A-18-2.”

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Busch died at the age of 41 on May 21 at 4:37 p.m. at the Atrium Health Carolinas Medical Center in Charlotte. According to his death certificate, Busch died due to hemorrhagic shock and disseminated intravascular coagulation — which causes widespread clotting in small blood vessels.

The NASCAR driver had been suffering from sepsis for at least a day, according to the death certificate, and had been dealing with complications of presumed bacterial pneumonia for “days to weeks.” Near the end of NASCAR’s Cup Series race at Watkins Glen, 11 days before his death, Busch could be heard calling for a doctor over his radio.

His death certificate also states “other significant conditions contributing to death but not resulting in the underlying cause (hemorrhagic shock).” An autopsy was performed and the case was referred to the medical examiner. The manner of Busch’s death was ruled as natural and he was cremated at the Cavin-Cook Funeral Home in Mooresville, North Carolina.

Busch won his final race in NASCAR’s Truck Series just six days before his death, in Dover, Delaware. Across NASCAR’s top three national touring series, Busch is the sport’s all-time winningest driver with 234 combined victories. He captured two championships in the top-level Cup Series, driving the No. 18 Toyota for Joe Gibbs Racing, in 2015 and 2018. His unexpected death sent shockwaves through the sport and tributes have continued to pour in nearly a month later.

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See the most heartfelt moments with Kyle Busch and his family.

Kyle Busch’s career left a lasting mark on NASCAR, with achievements and moments that defined his time in the sport.

Above, Kyle Busch, driver of the No. 7 HendrickCars.com Chevrolet, celebrates with daughter, Lennix Busch son, Brexton Busch and wife, Samantha Busch in victory lane after winning the NASCAR Craftsman Truck Series Fr8 Racing 208 at Echo Park Speedway on Feb. 21, 2026, in Hampton, Georgia.

(Sean Gardner, Getty Images)

In the midst of his first championship season, Busch signed his last will and testament, filing it on Aug. 11, 2015. In lieu of a handwritten memorandum, the will states that Busch’s personal property — “my automobiles, household furniture and furnishings, clothing, jewelry, collectibles and personal effects” — will be inherited by his wife Samantha. Busch also set up a revocable living trust in 2017, court records show.

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Busch’s will lists Clifton W. Homesley as the executor, but adds that if Homesley “fails or ceases to act for any reason” then Fuller will be the executor. Among the documents filed by Fuller and his attorney Kimberly H. Stogner on Tuesday is a form signed by Homesley renouncing his right to be the executor of Busch’s estate.

Homesley is an attorney based in Mooresville and serves on the board of the Busch’s Bundle of Joy non-profit for couples struggling with infertility. Fuller was the chief financial officer for Busch’s NASCAR Truck Series team, Kyle Busch Motorsports, which was sold to Spire Motorsports in 2023.

The documents were filed and sent to Donna M. Gilbert, Assistant Clerk for Lincoln County Superior Court, to qualify Fuller as the executor of Busch’s estate. The filing lists Samantha Busch as the beneficiary.

Per his will, the executor of Kyle Busch’s estate has “discretionary powers” over his investments, property, business interests, banking transactions and distribution of assets.

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Since her husband’s death, Samantha has only spoken publicly a handful of times, mostly via Instagram posts. On Tuesday, she wrote, “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.”

This article originally appeared on USA TODAY: Kyle Busch family won’t file wrongful death lawsuit, per court records



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