Wyoming Statutes

Wyo. Stat. § 1-38-104 (2026)

Factors for determining wrongful death

✓ current as of May 2026
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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.
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: Lacie Archer & Emily Farley v. Kallista Mills, as the Wrongful Death Pers. Rep. of Carrie Linn, & Charles Linn, 2021 WY 75 (Wyo. 2021).
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 2× “Wyo. Stat. Ann. § 1-38-104 (LexisNexis 2019) (emphasis added).”
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