Wyoming Statutes

Wyo. Stat. § 2-7-706 (2026)

Claim based on cause of action surviving

✓ current as of May 2026

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decedent's death.

Where a cause of action against the decedent survives his death
under W.S. 1-4-101 and 1-4-102, before an action may be brought
thereon in any court, a claim based thereon shall be filed and
shall have been rejected by the personal representative. The
running of the applicable statute of limitations on the cause of
action shall be tolled from the time the claim is filed until
five (5) days after the date of mailing of notice of rejection
by the personal representative. Any judgment rendered by any
court with respect to which compliance with this section has not
been accomplished, if sought to be enforced, shall be deemed to
be a claim not timely filed under W.S. 2-7-703.

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1986–2023 · leading case: Rodriguez v. Casey, 2002 WY 111 (Wyo. 2002).

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Rodriguez v. Casey, 2002 WY 111 (Wyo. 2002). · cites it 2× “Wyo. Stat. Ann. § 2-7-706 states, in part: 2 .”

Scott v. Scott, 918 P.2d 198 (Wyo. 1996). · cites it 6× “§ 2-7-706 [ (1980) ]. Claim based on cause of action surviving decedent’s death.”

Moses Inc., a Wyoming Corp. v. Neva Larue Moses & Lori Hall, as Pers. Rep. of the Est. of Neva Larue Moses & Tr. for the Benefit of the Neva Larue Moses Living Trust, 2022 WY 57 (Wyo. 2022). · cites it 2× “’s action was against the Estate, the Trust would be correct that the district court would have lacked subject matter jurisdiction based on Moses Inc.”

Harris v. Taylor, 969 P.2d 142 (Wyo. 1998). · cites it 4× “Probate Code’s Statutes of Limitations and Conditions Precedent The personal representative next argues that this action is barred under Wyo. Stat. § 2-7-706 for Harris’ failure to file a notice of claim with the personal representative of the estate under the rule of Scott v.”

Taylor v. Est. of Taylor, 719 P.2d 234 (Wyo. 1986). “If the claim is based on a cause of action which survives death, the appropriate statute of limitations will be tolled from the time the claim is filed until five days after the date of the mailing of a notice of rejection of the claim by the personal representative, § 2-7-706,…”

V-1 Oil Co. v. Ranck, 767 P.2d 612 (Wyo. 1989). “See W.S. 2-7-706 (July 1980 Repl.). In the claim V-l sought recovery for property damage caused by decedent’s Utah accident.”

Beit Hanina Enter., Inc. v. Moffett, 267 P.3d 1070 (Wyo. 2011). · cites it 2× “When the personal representative has given proper notice, Wyo. Stat. § 2-7-706 (1997) requires a creditor to then file a claim against the estate within the time limits set out in Wyo.”

Foster v. Wicklund, 778 P.2d 118 (Wyo. 1989). “2-7-104, which provides: Actions for the recovery of any property, real or personal, or for the possession thereof, or for the destruction, wasting, conversion, injury, taking or carrying *123 away thereof, or to quiet title thereto, or to determine any adverse claim thereon,…”

In the Matter of the Est. of Mary Mae Fisher, Deceased: Dwight Lyman & Betty L. Lyman, Trs. of the Dwight Lyman Living Trust Dated November 11, 2016, & Betty L. Lyman & Dwight Lyman, Trs. of the Betty L. Lyman Living Trust Dated November 11, 2016 v. George Wayne Fisher, 2023 WY 25 (Wyo. 2023). “See § 2-7-703 (any creditor’s claim not timely filed is “barred forever”); § 2-7-706 (“Where a cause of action against the decedent survives his death under W.”

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