Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Wyoming law, only the decedent’s personal representative can bring a wrongful death action. According to Wyo. Stat. Ann. § 1-38-102, “every action brought under this chapter shall be brought by the personal representative of the deceased.” If no personal representative exists, you cannot file a wrongful death claim.
To be appointed personal representative, you must open or administer the decedent’s estate. This typically involves filing a probate petition with the district court in the county where the deceased resided. Under Title 2 of the Wyoming Statutes — Wyo. Stat. Ann. §§ 2-1-101 et seq. — you start probate by submitting the decedent’s will (if any), the death certificate, and an application in the appropriate district court.
After filing, the court issues letters testamentary (if there is a will) or letters of administration (if no will). These letters give you legal authority to act on behalf of the estate, including pursuing a wrongful death suit. Without them, the court will dismiss any wrongful death action filed by someone lacking proper authority.
In some counties, Wyoming offers a small estate affidavit procedure for estates under $75,000 in assets (excluding certain properties). See Wyo. Stat. Ann. § 2-3-301. This simplified process may allow heirs to collect assets without formal probate but does not convey personal representative status for filing a wrongful death action. As such, even small estates generally require formal probate to pursue wrongful death claims.
Finally, note the statute of limitations for wrongful death in Wyoming: a claim must be filed within two years of the decedent’s death under Wyo. Stat. Ann. § 1-38-103. Missing this deadline can bar any recovery, so begin probate and your wrongful death suit promptly.
Helpful Hints
- Gather key documents early: death certificate, will, asset inventory.
- File the probate petition in the county where the deceased lived.
- Use the small estate procedure only if you don’t need letters for a wrongful death case.
- Track the two-year statute of limitations on wrongful death actions.
- Consult a Wyoming attorney experienced in probate and wrongful death.