Do wrongful death proceeds pass in accordance with the decedent’s Last Will and Testament in Wyoming?

Short answer: No — in Wyoming, wrongful death damages are a statutory cause of action brought on behalf of the decedent’s survivors and are distributed under Wyoming’s wrongful death law, not directly under the decedent’s will. By contrast, certain survival-type claims that belong to the decedent at death may become part of the estate and can pass under the will. These are different legal remedies with different rules.

Detailed answer — how Wyoming law treats wrongful death money

There are two different legal claims that often get confused after a person dies:

• Wrongful death action: A statutory claim brought by survivors (spouse, children, possibly parents or others defined by statute) for the survivors’ own losses — for example loss of support, companionship, and the value of services the decedent would have provided. These damages exist for the benefit of the survivors, not the decedent.
• Survival action: A cause of action that the decedent personally held at the time of death (for example, pain and suffering experienced by the decedent before death, or property damage). This claim survives the decedent and typically belongs to the decedent’s estate; proceeds from a survival action usually become estate assets and can be distributed under the will or by intestacy rules if there is no will.

Wyoming’s wrongful death statute creates a separate right of action for the benefit of designated survivors. Because wrongful death damages compensate those survivors for their own losses, those proceeds are not treated as a general asset of the decedent that the decedent could dispose of in a will. Instead, distribution follows the statutory scheme and any court-approved settlement or judgment allocation under Wyoming law.

For the controlling statutory language and to read Wyoming’s wrongful death provisions, see the Wyoming Legislature’s statute pages (Title 1 — actions concerning death and related subjects): https://wyoleg.gov/statutes/. (Search or navigate to the chapter labeled “Wrongful Death” or W.S. Title 1, Chapter 38.)

What this means in practice

1. If survivors obtain a wrongful death settlement or judgment, that money is intended to compensate the survivors for their losses and is distributed to them (or as the court/settlement agreement provides), not distributed under the decedent’s will.
2. If the personal representative pursues a survival action (damages that belonged to the decedent personally), any recovery from that survival claim generally becomes part of the estate and may be distributed according to the will or by intestacy rules.
3. When both types of claims are possible, settlements often allocate portions of the recovery to wrongful death (for survivors) and to survival (for the estate). Those allocations affect who receives which part of the money.

Example scenario (hypothetical)

Imagine a Wyoming resident is killed in a car collision. The spouse brings a wrongful death claim for loss of companionship and loss of the decedent’s financial support. The decedent also had severe pain and suffering before death; the estate pursues a survival claim for the decedent’s pre-death pain and medical expenses. If the parties settle for $300,000 and divide the settlement $200,000 to wrongful death (survivor recovery) and $100,000 to the survival claim, the $200,000 goes to the survivor(s) per the statutory scheme and the $100,000 becomes estate property that the will (or intestacy) controls.

Practical steps after a wrongful death in Wyoming

• Identify whether you are pursuing a wrongful death claim (survivors) or a survival claim (estate) or both.
• Contact a Wyoming personal injury/wrongful death attorney promptly — wrongful death actions have strict deadlines and procedural requirements.
• Preserve evidence: police reports, medical records, employment/payroll records showing lost support, communications, and photos.
• If you are the personal representative, communicate with beneficiaries about any survival claim and potential estate administration impacts.
• Carefully review any settlement allocation — a small change in how a settlement is labeled (wrongful death vs. survival) can change who receives the money and whether it is part of the estate.

Statutes and deadlines

Wyoming’s wrongful death statute is found in the state statutes (see Title 1 — search for the wrongful death chapter on the Wyoming Legislature’s website): https://wyoleg.gov/statutes/. The statute defines who may sue, what damages are recoverable, and related procedural rules. Deadlines for filing wrongful death or survival claims are subject to Wyoming’s statutes of limitations; for the exact time limits and how they apply in your case, consult the statute or an attorney promptly.

When might the will matter?

The decedent’s will controls distribution of estate assets (including recoveries from survival actions) but does not override statutory survivor claims created by the wrongful death statute. If a decedent’s will attempts to direct wrongful death proceeds to a third party, that provision likely will not control those damages because wrongful death statutes give survivors their own right to recover.

Helpful Hints

• Distinguish wrongful death vs. survival claims early — they are legally different and affect who gets money.
• Read Wyoming’s wrongful death chapter on the Wyoming Legislature site for statutory language and definitions: https://wyoleg.gov/statutes/.
• Keep wills and estate documents separate from wrongful death claims; a will does not generally displace survivors’ statutory rights.
• Document economic losses (pay stubs, household contributions) and non-economic impacts (testimony about companionship and loss) to support survivor damages.
• Settlement allocations matter — request clear written allocations between wrongful death and survival portions before signing.
• Talk with an attorney experienced with Wyoming wrongful death and probate practice to avoid unintended distribution outcomes.

Disclaimer: This article explains general principles of Wyoming law and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about a specific situation, contact a licensed Wyoming attorney who can review the facts and applicable statutes.