12-612

12-612. Parties plaintiff; recovery;
distribution

A. An action for wrongful death shall be brought by and in the name of the
surviving husband or wife, child, parent or guardian, or personal representative of the
deceased person for and on behalf of the surviving husband or wife, children or parents,
or if none of these survive, on behalf of the decedent's estate.

B. Either parent may maintain the action for the death of a child, and the guardian
may maintain the action for the death of the guardian's ward.

C. The amount recovered in an action for wrongful death shall be distributed to the
parties provided for in subsection A in proportion to their damages, and if recovery is
on behalf of the decedent's estate the amount shall be an asset of the estate.

D. For the purposes of subsection A, "personal representative" includes any person
to whom letters testamentary or of administration are granted by competent authority
under the laws of this or any other state. The personal representative may maintain the
action for wrongful death without the issuance of further letters or any other
requirement or authorization of law.