Who Can File a Wrongful Death Claim in Wyoming

By the FigureMyTax Editorial Team · How we calculate

Wyoming uses a single court-appointed representative, not the estate's executor by default.

The representative sues

Every wrongful death action must be brought by and in the name of the decedent's wrongful death representative for the exclusive benefit of beneficiaries who have sustained damage (W.S. 1-38-102(a)).

How the representative is chosen

The district court appoints the representative in a separate action brought solely for that purpose, in the county where the decedent resided or died, where the claim arose, or where a defendant resides. The court picks the person who will best represent the beneficiaries as a whole, considering relationship, interests and actions taken.

Notice and intervention

The plaintiff must publish notice of the appointment action for three consecutive weeks, and any person claiming to qualify may intervene as a matter of right. The appointment order cannot be appealed, though the court may reconsider.

Protection of the proceeds

If the decedent left a spouse, child, father or mother, no debt of the decedent may be satisfied out of the judgment or settlement proceeds.

Settlements

The court appointing the representative may approve a settlement and resolve disputes over how the proceeds are allocated.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Wyoming's rules apply to your specific case with a licensed Wyoming attorney.