Wyoming Statutes

Wyo. Stat. § 1-38-103 (2026)

Appointment of wrongful death representative.

✓ current as of May 2026

Find cases: SyfertCases citing this section WY-LEGwyoleg.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

(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.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2019–2022 · leading case: Life Care Ctr. of Casper v. Leah Barrett, 2020 WY 57 (Wyo. 2020).

Sort: Relevance Newest Treatment

Life Care Ctr. of Casper v. Leah Barrett, 2020 WY 57 (Wyo. 2020). · cites it 15× “The action for appointing the wrongful death representative is governed by Wyo. Stat. Ann. § 1-38-103 , which provides in relevant part: (b) The district court may appoint the wrongful death representative at any time after the decedent’s death.”

Porter v. Ford Motor Co., 917 F.3d 1246 (10th Cir. 2019). · cites it 2× “It stated that "[t]his petition is 'made in a separate action brought solely for appointing the wrongful death representative' pursuant to Wyo. Stat. Ann. § 1-38-103 (b)." The document was filed in the existing state court action.”

Lacie Archer & Emily Farley v. Kallista Mills, as the Wrongful Death Pers. Rep. of Carrie Linn, & Charles Linn, 2021 WY 75 (Wyo. 2021). · cites it 12× “Linn’s wrongful death representative pursuant to Wyo. Stat. Ann. § 1-38-103 in a civil action, Docket No.”

Solvay Chemicals, Inc. v. Wyoming Dep't of Revenue, 2022 WY 122 (Wyo. 2022). · cites it 2× “2020) (“Wyo. Stat. Ann. § 1-38-103(b) provides that the appointment of a wrongful death representative ‘shall be made in a separate action brought solely for appointing the wrongful death representative.”

— Wyo. Stat. § 1-38-103(b) — 2 cases

Solvay Chemicals, Inc. v. Wyoming Dep't of Revenue, 2022 WY 122 (Wyo. 2022). “2020) (“Wyo. Stat. Ann. § 1-38-103(b) provides that the appointment of a wrongful death representative ‘shall be made in a separate action brought solely for appointing the wrongful death representative.”

Life Care Ctr. of Casper v. Leah Barrett, 2020 WY 57 (Wyo. 2020). “The action for appointing the wrongful death representative is governed by Wyo. Stat. Ann. § 1-38-103 , which provides in relevant part: (b) The district court may appoint the wrongful death representative at any time after the decedent’s death.”

— Wyo. Stat. § 1-38-103(b)(ii) — 1 case

Porter v. Ford Motor Co., 917 F.3d 1246 (10th Cir. 2019). “It stated that "[t]his petition is 'made in a separate action brought solely for appointing the wrongful death representative' pursuant to Wyo. Stat. Ann. § 1-38-103 (b)." The document was filed in the existing state court action.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.