1-38-103. Appointment of wrongful death representative.
(a) The wrongful death representative may be appointed by the district court in the county in which:
(i) The decedent resided;
(ii) The decedent died;
(iii) The claim for relief or some part of the claim for relief arose; or
(iv) A defendant resides or may be summoned.
(b) The district court may appoint the wrongful death representative at any time after the decedent's death. The appointment shall be made in a separate action brought solely for appointing the wrongful death representative. In any action in which appointment of the wrongful death representative is sought, any person claiming to qualify under W.S. 1-38-104(a) may intervene as a matter of right. After an action to appoint the wrongful death representative is filed:
(i) No subsequent action for appointment may be maintained; and
(ii) If an action to appoint the wrongful death representative is properly filed, the limitation period under W.S. 1-38-102(d) and any other applicable limitation periods shall be tolled from the time the action is filed until thirty (30) days after an order appointing the wrongful death representative is entered.
(c) The appointment of the wrongful death representative is a procedural device intended to provide a representative to investigate and bring an action under W.S. 1-38-101. Irregularities in the manner or method of appointment are not jurisdictional.
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