How to make sure a wrongful death settlement is filed and split as agreed in Wyoming

Short answer: Confirm who has legal authority to bring and settle the wrongful death claim, document the full settlement in writing, get court approval or an appropriate court order when required, resolve liens and expenses first, and then have the authorized representative disburse funds under a signed court order or approved settlement agreement. Keep a clear paper trail and file the settlement and any proposed distribution with the court clerk so the division is enforceable.

Detailed answer — step‑by‑step guide under Wyoming law

Under Wyoming law, wrongful death claims are controlled by the wrongful death statutes (commonly cited as Wyo. Stat. § 1-38-101 et seq.). Those statutes generally permit the decedent’s personal representative to bring an action for the benefit of the distributees and direct how damages are recovered and distributed. For the settlement to be effective and to prevent later disputes, follow these practical and legal steps:

1. Confirm who has authority to settle.

   Wyoming wrongful death claims are usually prosecuted by the decedent’s personal representative (executor/administrator) on behalf of the estate or the statutory beneficiaries. Before you sign anything, verify that the person negotiating the settlement has letters testamentary or letters of administration, or is otherwise authorized in writing by the personal representative or by the court.

2. Get a complete, written settlement agreement.

   The settlement should be a signed, written agreement that identifies the parties, the total settlement amount, the breakdown (attorney fees, costs, liens, medical/funeral expenses, net to beneficiaries), and the exact distribution plan. Include language that the settlement resolves the wrongful death claim and any related claims by the beneficiaries or the estate.

3. Resolve statutory formalities and court approval if necessary.

   In many wrongful death cases the court where the action is pending must approve a settlement, or at least must be notified, particularly when minors or incapacitated persons are beneficiaries. If the wrongful death action is filed in district court, file a motion or stipulation seeking court approval or an order of dismissal that incorporates the agreed allocation. If settlement occurs before suit, the personal representative should either seek probate-court instruction or include the settlement as part of estate administration so distribution is done under court supervision.

   Reference: Wyo. Stat. § 1-38-101 et seq. (wrongful death statutes).

4. Address liens, subrogation, and third‑party claims first.

   Before distributing funds, identify and resolve liens and subrogation claims (Medicare, Medicaid, health care providers, insurance subrogation). These may have priority over beneficiary distributions. Obtain written releases or payoff statements and include payment of valid liens in the settlement allocation.

5. Document attorney fees and costs.

   Make sure attorney fees and litigation costs are clearly stated in the agreement. If the contingency fee agreement was with the personal representative or the beneficiary, provide a copy. If the court must approve the settlement, it will often review and approve (or adjust) fees for reasonableness before authorizing distribution.

6. Prepare a proposed court order or judgment that reflects the agreed split.

   When you file the settlement with the court, submit a proposed order or judgment that (1) approves the settlement, (2) identifies the amounts paid to satisfy liens, fees, expenses, and taxes, and (3) orders the clerk or personal representative to distribute the remaining funds exactly as agreed. A signed court order makes the allocation enforceable and reduces risk of later claims.

7. Use the clerk’s office and get receipts.

   After the court approves and signs the order, file the order with the court clerk and have the disbursements made in a traceable way (checks, wire transfers) and obtain receipts and releases from beneficiaries. Keep certified copies of the order and the settlement agreement.

8. Ensure releases are executed.

   Have each beneficiary sign a release or receipt when they accept their portion. Releases should state that the beneficiary accepts the payment and waives further claims related to the wrongful death matter.

9. Keep careful accounting and preserve records.

   Maintain a ledger showing gross settlement, deductions (fees, costs, liens), net distribution, and copies of checks and receipts. This accounting is essential if a beneficiary later alleges an improper split.

10. When disagreements arise, return to the court.

    If beneficiaries disagree after a settlement, the personal representative should ask the court for instructions or to modify the distribution if a mistake, fraud, or inadvertence is alleged. A court-supervised accounting and order will resolve disputes under applicable Wyoming law.

Where to find the law

Wyoming’s wrongful death statutes are commonly cited as Wyo. Stat. § 1-38-101 and the following sections. The Wyoming Statutes can be accessed on the Wyoming Legislature website: https://wyoleg.gov/statutes. Search for “Title 1” and “Chapter 38” (Wrongful Death) to read the exact statutory language and any procedural requirements.

Practical checklist before you file anything

• Confirm who has letters testamentary/administration or written authority to settle.
• Obtain a signed written settlement agreement and an itemized settlement worksheet.
• Get lien payoff statements from Medicare, Medicaid, hospitals, and insurers.
• Prepare and file a proposed order approving settlement and directing distribution (when required).
• Collect signed releases from each beneficiary at the time of payment.
• Keep certified copies of the court order, settlement agreement, and full accounting.
• Notify the probate court if the settlement proceeds become part of estate administration.
• Keep funds in escrow or a client trust account until the court signs the order or all parties have signed releases.

Common pitfalls to avoid

• Disbursing funds before obtaining court approval where approval is needed (for example, when minors are involved).
• Failing to clear Medicare/Medicaid liens and later facing a claim against the beneficiaries.
• Accepting an oral settlement; never rely on verbal agreements for wrongful death cases.
• Not documenting the authority of the person signing the settlement or release.
• Mixing estate funds and personal funds; maintain separate trust or estate accounts until distribution.

Helpful hints

• Ask the attorney who negotiated the settlement for a written settlement worksheet showing exactly how the gross amount converts to net beneficiary distributions.
• If minors are beneficiaries, a guardian ad litem or court-sanctioned protected account (or blocked account) may be required—plan for that early.
• Obtain certified copies of letters of administration or letters testamentary from the probate court to prove authority.
• Use the court’s local forms or a proposed order template—many district court clerks have guidance for settlement approvals and distribution orders.
• Consider retaining an attorney experienced in wrongful death and probate to prepare the proposed order and handle lien resolution. That reduces the risk of mistakes that can be expensive later.

Disclaimer: This information explains general principles under Wyoming law and is for educational purposes only. It is not legal advice. For advice about a specific case, contact a licensed Wyoming attorney who can review your facts and the governing statutes and court rules.