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Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Wyoming attorney for guidance.

Detailed Answer

In Wyoming, wrongful death actions and the distribution of proceeds are governed by the Wyoming Wrongful Death and Survival Act (Wyo. Stat. Ann. § 1-38-101 et seq.). A personal representative (executor) must bring the claim on behalf of the decedent’s estate. Once the court awards damages or the parties settle, the proceeds flow through probate and distribute to heirs according to statutory priority.

1. Appointment of a Personal Representative

• File for probate in the district court of the decedent’s county. See Wyo. Stat. Ann. § 2-1-501 (intestacy and administration).
• The court issues Letters of Administration or Letters Testamentary to your chosen representative.

2. Bringing and Resolving the Wrongful Death Claim

• The personal representative files the wrongful death suit. See Wyo. Stat. Ann. § 1-38-101 (Wrongful Death Act).
• After trial or settlement, the court approves the award or settlement and adds it to the estate’s assets.

3. Statutory Distribution of Proceeds

Wyoming law dictates a specific order of beneficiaries:

1. Spouse and Children: If the decedent leaves a surviving spouse and one or more children, the spouse and children share equally. For example, a spouse plus two children each receive one-third of the proceeds.
2. Only Spouse: If no children survive, the spouse receives 100% of the award.
3. Only Children: If the decedent has children but no spouse, the children split the proceeds equally.
4. No Spouse or Children: The parents inherit equally. If one parent predeceased, the surviving parent takes all.
5. No Parent: Brothers and sisters of the full blood take equal shares. Half-blood siblings receive half the share of full-blood siblings.
6. No Siblings: Next of kin inherit under Wyoming’s intestate succession rules. See Wyo. Stat. Ann. § 2-1-102 (intestate heirs).

4. Probate Court Approval and Distribution

• File a proposed distribution plan with the probate court.
• Notify all interested parties and wait for any objections (typically 30 days).
• Once the court signs the order, issue payments and close the estate.

Helpful Hints

• Confirm beneficiary status by obtaining certified birth, marriage, or death certificates.
• Keep detailed records of court filings, notices, and payments.
• Account for minors or incapacitated heirs by appointing a guardian or setting up a custodial account.
• File the wrongful death claim promptly; Wyoming’s statute of limitations is two years from the date of death (Wyo. Stat. Ann. § 1-3-105).
• Consult a probate attorney to avoid delays or disputes in distribution.