Wyoming § 1-38-103 Appointment of wrongful death representative

Wyoming Statutes

§ 1-38-103 — Appointment of wrongful death representative

Wyoming § 1-38-103

Title 01Civil Procedure

Ch. 38WRONGFUL DEATH

This text of Wyoming § 1-38-103 (Appointment of wrongful death representative) is published on Counsel Stack Legal Research, covering Wyoming primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wyo. Stat. Ann. § 1-38-103 (2026).

Text

(a)The wrongful death representative may be appointed by the district court in the county in which:

(i)The decedent resided;

(ii)The decedent died;

(iii)The claim for relief or some part of the claim for relief arose; or

(iv)A defendant resides or may be summoned.

(b)The district court may appoint the wrongful death representative at any time after the decedent's death. The appointment shall be made in a separate action brought solely for appointing the wrongful death representative. In any action in which appointment of the wrongful death representative is sought, any person claiming to qualify under W.S. 1-38-104(a) may intervene as a matter of right. After an action to appoint the wrongful death representative is filed:

(i)No subsequent action for appointment may be maintained; a

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(a) The wrongful death representative may be appointed by
the district court in the county in which:
(i) The decedent resided;
(ii) The decedent died;
(iii) The claim for relief or some part of the claim
for relief arose; or
(iv) A defendant resides or may be summoned.
(b) The district court may appoint the wrongful death
representative at any time after the decedent's death. The
appointment shall be made in a separate action brought solely
for appointing the wrongful death representative. In any action
in which appointment of the wrongful death representative is
sought, any person claiming to qualify under W.S. 1-38-104(a)
may intervene as a matter of right. After an action to appoint
the wrongful death representative is filed:
(i) No subsequent action for appointment may be
maintained; and
(ii) If an action to appoint the wrongful death
representative is properly filed, the limitation period under
W.S. 1-38-102(d) and any other applicable limitation periods
shall be tolled from the time the action is filed until thirty
(30) days after an order appointing the wrongful death
representative is entered.
(c) The appointment of the wrongful death representative
is a procedural device intended to provide a representative to
investigate and bring an action under W.S. 1-38-101.
Irregularities in the manner or method of appointment are not
jurisdictional.