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

(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.