An heir is not categorically precluded from intervening in a wrongful death suit brought by the personal representative of the decedent’s estate. So long as the heir meets the criteria for intervention, including inadequate representation of his interest by the existing parties, she should be permitted to intervene to protect those interests. By intervening, the heir does not file a separate wrongful death suit, and so the one-action rule governing wrongful death suits does not bar intervention. Also, the heir can intervene if necessary to protect her interests without proceeding against the personal representative in probate court for breaching her fiduciary duty.