Joseph A. Rodriguez, Personal Representative of the Estate of Loren Linton, Deceased, Appellant (plaintiff) v. June…

Summary

The Wyoming Supreme Court reversed a judgment on the pleadings dismissing a wrongful death action that had been filed against a tortfeasor's estate one day before the two-year statutory period expired but before the personal representative rejected the underlying probate claim. Construing Wyo. Stat. Ann. § 2-7-717, the court held that 'maintain' means to continue or prosecute a suit already brought, not to commence one, so a wrongful death claimant may file and serve the action before the probate claim is rejected, although the suit cannot be pursued to judgment until rejection. This reading harmonizes § 2-7-717 with the 'bring' language of § 2-7-718 and preserves the legislative balance between claimants and finality in estate administration, given that the two-year wrongful death limitation is a condition precedent that cannot be tolled.