Title 2 — Title 2 — Wills, Decedents' Estates And Probate Code
18 chapters · 466 sections in this title.
W.S. § 2-3-101 Oath
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Oath. Before letters testamentary or of administration are issued, the personal representative shall take and subscribe an oath before some officer authorized to administer oaths, that he will perform according to law the duties of executor or administrator, which oath shall be a…
W.S. § 2-3-102 Bond required; sureties; form; amount; ascertaining value of property
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Bond required; sureties; form; amount; ascertaining value of property. Except as provided by W.S. 2-3-111, every person to whom letters testamentary or of administration are issued shall, before receiving them, execute a bond to the state of Wyoming with two (2) or more sufficien…
W.S. § 2-3-103 Letters and bonds to be recorded
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Letters and bonds to be recorded. All letters testamentary or of administration issued to, and all bonds executed by personal representatives, with the affidavits and certificates thereon, shall be recorded by the clerk of the court.
W.S. § 2-3-104 lapses
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lapses. Appointment orders to state qualification time; Whenever an order appointing a personal representative is made by any district court or officer having authority to make the appointment, the order shall state the time within which the personal representative shall qualify …
W.S. § 2-3-105 Additional bond required upon sale of real estate; when required
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Additional bond required upon sale of real estate; when required. The district court may require an additional bond whenever the sale of any real estate belonging to the estate is ordered, unless it satisfactorily appears that the penalty of the bond given before receiving letter…
W.S. § 2-3-106 Additional bond required upon sale of real estate; conditions
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Additional bond required upon sale of real estate; conditions. The additional bond shall be conditioned that the personal representative shall faithfully execute the duties of the trust according to law, and the sureties shall justify as provided in W.S. 2-3-102.
W.S. § 2-3-107 Separate bond required from each personal representative
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Separate bond required from each personal representative. When two (2) or more persons are appointed personal representatives, a separate bond is required from each of them in the same amount as would be required from one.
W.S. § 2-3-108 Several recoveries on same bond allowed
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Several recoveries on same bond allowed. The bond shall not be void upon the first recovery. It may be used and recovered upon from time to time by any person aggrieved, in his own name, until the whole penalty is exhausted.
W.S. § 2-3-109 Ordering sureties to appear for property value examination; notice to personal representatives; requiring additional security
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Ordering sureties to appear for property value examination; notice to personal representatives; requiring additional security. Before any bond is approved and after its approval, the officer whose duty it is to approve the same, of his own motion or upon the motion of any person …
W.S. § 2-3-110 When sufficient security not given in time
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When sufficient security not given in time. If sufficient security is not given within the time fixed by the order, the right of the personal representative to the administration shall cease, and the person next entitled to the administration of the estate, shall be appointed to …
W.S. § 2-3-111 When no bond required; generally
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When no bond required; generally. (a) When it is expressly provided in the will or by statute that no bond be required of the personal representative or when the distributees waive in writing the requirement that a bond be executed, letters testamentary or of administration may i…
W.S. § 2-3-112 When no bond required; suspension of powers upon allegation of waste
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When no bond required; suspension of powers upon allegation of waste. When a petition is presented praying that a personal representative be required to give further security, or to give bond, where by the terms of the will no bond was originally required, and it is alleged on oa…
W.S. § 2-3-113 Requiring further security; petition
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Requiring further security; petition. Any person interested in any estate may, by verified petition, represent to the court or commissioner that the sureties of a personal representative have become or are becoming insolvent, or that they have removed or are about to remove from …
W.S. § 2-3-114 Requiring further security; citation to personal representative; service
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Requiring further security; citation to personal representative; service. If the court or commissioner is satisfied that the matter requires investigation, a citation shall be issued to the personal representative requiring him to appear at a time and place specified to show caus…
W.S. § 2-3-115 Requiring further security; hearing; order therefor or new bond
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Requiring further security; hearing; order therefor or new bond. At the time appointed the court shall hear the proofs and allegations of the parties. If it satisfactorily appears that the security is insufficient, an order may be made requiring the personal representative to giv…
W.S. § 2-3-116 Requiring further security; failure to comply
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Requiring further security; failure to comply. If the personal representative neglects to comply with the order within the time prescribed, the court shall revoke his letters and his authority shall cease.
W.S. § 2-3-117 Ordering further security without application
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Ordering further security without application. When it comes to his knowledge that the bond of a personal representative is insufficient, the court or commissioner, without any application, shall cause him to be cited to appear and show cause why he should not give further securi…
W.S. § 2-3-118 service
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service. Relief of sureties; application; citation and When a surety of any personal representative desires to be released from responsibility on account of future acts, he may apply to the court or commissioner for relief. Citation shall be issued to the personal representative …
W.S. § 2-3-119 Relief of sureties; release order
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Relief of sureties; release order. If new sureties are given to the satisfaction of the court or commissioner, he may order that the sureties who applied for relief shall not be liable on their bond for any subsequent act, default or misconduct of the personal representative.
W.S. § 2-3-120 Relief of sureties; revocation of letters
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Relief of sureties; revocation of letters. If the personal representative neglects or refuses to give new sureties to the satisfaction of the court or commissioner, unless the surety making the application shall consent to a longer extension of time, the court or commissioner sha…
W.S. § 2-3-121 Revoking intestacy administration if will later allowed; generally
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Revoking intestacy administration if will later allowed; generally. If, after granting letters of administration on the ground of intestacy, a will of the decedent is duly proved and allowed, the letters of administration shall be revoked and the power of the administrator shall …
W.S. § 2-3-122 Revoking intestacy administration if will later allowed; authority of personal representative
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Revoking intestacy administration if will later allowed; authority of personal representative. In such case, the personal representative with the will annexed is entitled to demand, sue for, recover and collect all the rights, goods, chattels, debts and effects of the decedent re…
W.S. § 2-3-123 Remaining personal representatives to continue if one disqualified
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Remaining personal representatives to continue if one disqualified. If any one (1) of several personal representatives to whom letters are granted dies, becomes incompetent, is convicted of an infamous crime or otherwise becomes incapable of executing the trust, or if letters tes…
W.S. § 2-3-124 New appointment to be made if all personal representatives die; bond; authority
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New appointment to be made if all personal representatives die; bond; authority. If all personal representatives die or become incapable, or the authority of all of them is revoked, letters testamentary or letters of administration then shall be issued in the same order of prefer…
W.S. § 2-3-125 Resignation of personal representative; revocation of letters for delay or other cause and new appointment; liability after discharge
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Resignation of personal representative; revocation of letters for delay or other cause and new appointment; liability after discharge. Any personal representative may, by writing filed in the district court, resign his appointment at any time, having first settled his accounts an…
W.S. § 2-3-126 Acts valid until power revoked
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Acts valid until power revoked. All acts of a personal representative before the revocation of his letters testamentary or of administration are as valid as if the personal representative had continued lawfully to execute the duties of his trust.
W.S. § 2-3-127 Suspension of personal representative's powers for waste; order
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Suspension of personal representative's powers for waste; order. Whenever the court, commissioner or clerk of court has reason to believe from his own knowledge or from credible information that any personal representative has wasted, embezzled or mismanaged, or is about to waste…
W.S. § 2-3-128 Suspension of personal representative's powers for waste; notice to show cause
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Suspension of personal representative's powers for waste; notice to show cause. When suspension is ordered, the personal representative shall be cited to appear and show cause why his letters should not be revoked. If he fails to appear or if upon appearance the court or officer …
W.S. § 2-3-129 Suspension of personal representative's powers for waste; hearing and determination
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Suspension of personal representative's powers for waste; hearing and determination. At the hearing any person interested in the estate or the officer making the charge may appear and file his allegations in writing, showing that the personal representative should be removed. The…
W.S. § 2-3-130 Suspension of personal representative's powers for waste; notice by publication
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Suspension of personal representative's powers for waste; notice by publication. If the personal representative has absconded, conceals himself or has absented himself from the state, notice by publication may be given him of the pendency of the proceedings.
W.S. § 2-3-131 Suspension of personal representative's powers for waste; compelling attendance and answers
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Suspension of personal representative's powers for waste; compelling attendance and answers. In the proceedings for the removal of a personal representative, the court may compel his attendance by attachment, and may compel him to answer questions on oath touching his administrat…
W.S. § 2-3-132 generally
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generally. Petition for revocation by prior claimant; When letters of administration are granted to any person other than the surviving husband or wife, child, father, mother, brother or sister of the intestate, any one (1) of them who is competent, or any competent person at the…
W.S. § 2-3-133 Petition for revocation by prior claimant; citation to personal representative
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Petition for revocation by prior claimant; citation to personal representative. When such petition is filed, the clerk shall issue a citation to the personal representative to appear and answer at the time appointed for the hearing.
W.S. § 2-3-134 Petition for revocation by prior claimant; hearing and disposition
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Petition for revocation by prior claimant; hearing and disposition. At the time appointed, the citation having been duly served and returned, the court shall proceed to hear the allegations and proofs of the parties. If the right of the applicant is established and he is competen…
W.S. § 2-3-135 Petition for revocation by prior claimant; prior right of surviving spouse
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Petition for revocation by prior claimant; prior right of surviving spouse. When letters of administration have been granted to a child, father, brother or sister of the intestate, the surviving spouse may assert his or her prior right and obtain letters of administration and hav…
W.S. § 2-3-136 Hearing upon affidavit of interested person; authority to order
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Hearing upon affidavit of interested person; authority to order. When it appears by the affidavit of any person interested in the estate that any personal representative, guardian, receiver, assignee or trustee has failed to render his accounts in the manner prescribed by law or …
W.S. § 2-3-137 Hearing upon affidavit of interested person; citation and service thereof
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Hearing upon affidavit of interested person; citation and service thereof. The court shall make an order fixing the time and place of the hearing. The clerk shall issue citation to be served upon the officer charged as delinquent and upon the heirs, ward, cestui que trust or bond…
W.S. § 2-3-138 Hearing upon affidavit of interested person; proceedings and disposition
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Hearing upon affidavit of interested person; proceedings and disposition. At the hearing the court shall proceed in a summary way to ascertain the facts and the course best calculated to protect the interests of all parties. Upon finding of default or removal from the state, the …
W.S. § 2-3-201 Short title
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Short title. W.S. 2-3-201 through 2-3-211 may be cited as the "Uniform Fiduciaries Act".
W.S. § 2-3-202 Definitions
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Definitions. (a) In this act unless the context or subject matter otherwise requires: (i) "Bank" includes any person or association of persons, whether incorporated or not, carrying on the business of banking; (ii) "Fiduciary" includes a trustee under any trust, expressed, implie…
W.S. § 2-3-203 fiduciaries
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fiduciaries. Responsibility and rights of persons dealing with A person who in good faith pays or transfers to a fiduciary any money or other property which the fiduciary as such is authorized to receive is not responsible for the proper application thereof by the fiduciary; and …
W.S. § 2-3-204 fiduciary
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fiduciary. Liability of bank; payment of checks signed by If a deposit is made in a bank to the credit of a fiduciary as such, the bank is authorized to pay the amount of the deposit or any part thereof upon the check of the fiduciary, signed with the name in which such deposit i…
W.S. § 2-3-205 by fiduciary
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by fiduciary. Liability of bank; when check drawn on principal If a check is drawn upon the account of his principal in a bank by a fiduciary who is empowered to draw checks upon his principal's account, the bank is authorized to pay the check without being liable to the principa…
W.S. § 2-3-206 fiduciary
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fiduciary. Liability of bank; receiving deposit from If a fiduciary makes a deposit in a bank to his personal credit of checks drawn by him upon an account in his own name as fiduciary, or of checks payable to him as fiduciary, or of checks drawn by him upon an account in the nam…
W.S. § 2-3-207 Liability of bank; when check drawn by trustee
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Liability of bank; when check drawn by trustee. When a deposit is made in a bank in the name of two (2) or more persons as trustees and a check is drawn upon the trust account by any trustee or trustees authorized by the other trustee or trustees to draw checks upon the trust acc…
W.S. § 2-3-208 Succession of fiduciary powers when bank consolidates with another
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Succession of fiduciary powers when bank consolidates with another. In the event of the merger or the consolidation of any bank, banking association, loan and trust company, named as personal representative, trustee under trust agreement, guardian of minors or incompetents, trust…
W.S. § 2-3-209 Applicability; generally
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Applicability; generally. The provisions of this act shall not apply to transactions taking place prior to the time when it takes effect.
W.S. § 2-3-210 Applicability; rules of law and equity
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Applicability; rules of law and equity. In any case not provided for in this act, the rules of law and equity, including the law merchant and those rules of law and equity relating to trusts, agency, negotiable instruments and banking, shall continue to apply.
W.S. § 2-3-211 Interpretation and construction
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Interpretation and construction. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
W.S. § 2-3-301 Standard for fiduciaries; authority to acquire and retain property and investments
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Standard for fiduciaries; authority to acquire and retain property and investments. (a) In acquiring, investing, reinvesting, exchanging, retaining, selling and managing property for the benefit of another, a fiduciary shall exercise the judgment and care of a prudent investor as…