HCF argues that the time limits stated in Wyo. The Personal Representatives of the Estate counter that our decision in State ex rel. We agree with the Personal Representatives of the Estate that Wyo. Statutes of limitation place time limits on the filing of a cause of action. They create a defense to suit which must be pled and may be waived.
Statutes of limitation are applicable only when affirmative relief is sought.
With respect to claims against an estate, there is no access to the courts, and thus no affirmative relief is sought, until the claim has been denied by the personal representative. After rejection of the claim, Wyo. This thirty-day limitation period constitutes a statute of limitations which may be raised as a defense to an action filed after that deadline. Thus, the legislature knew of this court's interpretations of Wyo. Had the legislature intended to exclude the State from the requirements of Wyo.