§ 1-38-104 — Factors for determining wrongful death representative

(a) In appointing the wrongful death representative, the
court shall determine the person who will best represent the
interests of the potential beneficiaries of the action as a
whole.
(b) In determining whether the best interests of potential
beneficiaries as a whole will be served by appointment of the
wrongful death representative, the court shall consider:
(i) The familial or other relationship of the person
making application to the decedent;
(ii) The interests of the person making application
in relation to the interests of other potential beneficiaries as
a whole;
(iii) Actions taken to secure appointment as the
wrongful death representative and to protect the interests of
all potential beneficiaries;
(iv) Such other factors as the court deems relevant.
(c) No appeal shall be allowed from an order appointing
the wrongful death representative. The court, however, may
entertain a motion to reconsider an appointment of the wrongful
death representative.