Title 2 — Title 2 — Wills, Decedents' Estates And Probate Code

Presumption of death; how estate handled. When any person leaves his usual place of abode and is not seen or heard from by his relatives or other persons reasonably expected to hear from him for a period of seven (7) years, the person is presumed to be dead. If the person owned r…

Penalty for administering without proving will or taking letters of administration. Any person, except one acting under the provisions of W.S. 2-1-201 and 2-1-202, who administers the personal estate of any person dying after the passage of this act, or any part thereof, without …

estate. Personal representative to take possession of The personal representative shall take possession of all of the estate of the decedent, real and personal, and collect all debts due the decedent or the estate. For the purpose of bringing suit to quiet title or for partition …

Actions maintainable by or against personal representatives; right generally. Actions for the recovery of any property, real or personal, or for the possession thereof, or for the destruction, wasting, conversion, injury, taking or carrying away thereof, or to quiet title thereto…

Actions maintainable by or against personal representatives; actions for waste by representatives. Personal representatives may maintain actions against any person who has wasted, destroyed, taken or carried away, or converted to his own use, the goods of their testator or intest…

Actions maintainable by or against personal representatives; actions for waste by representatives; against representatives. Any person or his personal representative may maintain an action against the personal representative of any testator or intestate who in his lifetime has wa…

Disposition of partnership business. When a partnership exists between the decedent at the time of his death and any other person or persons, the surviving partner or partners may continue in possession of the partnership and settle its business, but the interest of the decedent …

Actions on bond of former representatives. A personal representative may, in his own name, for the use and benefit of all parties interested in the estate, maintain actions on the bond of any former personal representative or special order for the same estate.

Compromise of claims; owed to estate. When it appears for the best interest of the estate, the fiduciary may, subject to approval of the court, effect a compromise with any debtor or other obligor, or extend, renew or in any other manner modify the terms of any obligation owing t…

Compromise of claims; against estate. When a claim against an estate has been filed, or suit thereon is pending, the creditor and the fiduciary may, if it appears for the best interests of the estate, subject to approval of the court, compromise the claim, whether it is due or no…

[Repealed or reserved.]

contents. Public auction of real or personal property; (a) When a sale of real or personal property of a decedent is ordered and is to be made at public auction, notice of the time and place of sale shall be published in a daily or weekly newspaper of general circulation in the c…

Order to show cause for setting off exempt property; form. (a) The order to show cause shall be published once in a newspaper of general circulation in the county in which the probate is pending, and a copy of the order shall be mailed by the personal representative to each heir …

form. Final account and petition for distribution; (a) When an estate is in condition for final settlement, but not less than three (3) months after the date of the first publication of the notice of opening the probate, the personal representative shall give notice that he has f…

Proof by affidavit; filing thereof. (a) The proof of publication of the notices required in W.S. 2-7-201, 2-7-202 and 2-7-203 shall be by affidavit of the publisher. (b) The proof of mailing or delivery of all notices required in W.S. 2-7-201, 2-7-202, 2-7-203, 2-7-204 and 2-7-20…

made. Appointment of special administrator; when to be When there is delay in granting letters from any cause, or when the letters are granted irregularly, or no sufficient bond is filed as required, or when no application is made for letters, or when a personal representative di…

Appointment of special administrator; entry of order and issuance of letters. The appointment may be made at any time without notice. Appointment shall be made by entry upon the minutes of the court specifying the powers to be exercised by the special administrator. Upon entry of…

Appointment of special administrator; preferences; appeal precluded. In making the appointment of a special administrator, the court or officer shall give preference to the person entitled to letters but no appeal to the supreme court shall be allowed from the appointment.

Special administrator; surety and oath. Before any letters are issued to any special administrator, he shall provide such surety as the court or officer directs. He shall take the usual oath and have the oath endorsed on his letters.

Special administrator; powers and duties; no liability to creditors. The special administrator shall collect and preserve for the personal representative all goods, chattels, debts and effects of the decedent, and all incomes, rents, issues and profits, claims and demands of the …

Special administrator; cessation of powers. When letters on the estate of the decedent have been granted, the powers of the special administrator cease, and he shall forthwith deliver to the personal representative all the property and effects of the decedent in his hands, and th…

Special administrator; rendition of account. The special administrator shall render an account, on oath, of his proceedings, in like manner as other personal representatives are required to do.

Personal representative entitled to possession of all property; duty to repair; actions by heirs for possession or to quiet title. The personal representative is entitled to possession of all real and personal estate of the decedent, and to receive the rents and profits of the re…

Title to decedent's property; subject to administration and payment of debts; priorities. Except as otherwise provided in this code, when a person dies the title to his property, real and personal, passes to the person to whom it is devised by his last will, or in the absence of …

Return of inventory of estate by representative; failure to comply; disposition of fines. (a) Every personal representative shall make and return to the court within one hundred twenty (120) days after his appointment a true inventory upon his oath, of all the estate of the deced…

Report of appraisal; verification of values of estate assets. (a) Within one hundred twenty (120) days after the timely filing by the personal representative of the inventory of assets of the estate of the decedent, pursuant to W.S. 2-7-403, the personal representative shall file…

Repealed by Laws 1985, ch. 15, § 2.

Repealed by Laws 1985, ch. 15, § 2.

Effect of naming debtor as personal representative. The naming of a debtor as personal representative does not discharge him from any just claim which the testator has against him. The claim shall be included in the inventory and the personal representative is liable for the same…

Discharge or bequest of debt or demand not valid against creditors. The discharge or bequest in a will of any debt or demand of the testator against the personal representative named or any other person is not valid against the creditors of the decedent, but is a specific bequest…

Failure to file inventory or appraisement. If a personal representative neglects or refuses to file either the inventory or appraisement within the time prescribed or within such further time which the court shall for reasonable cause allow, the court or commissioner may, upon no…

Appraisement of after-discovered property; filing; enforcement. Whenever property not mentioned in any inventory comes to the possession or knowledge of the personal representative, he shall cause the same to be appraised in the manner prescribed and an appraisement thereof filed…

Liability for embezzlement or alienation of monies before letters granted. If any person, before the granting of letters embezzles or alienates any of the monies, goods, chattels or effects of a decedent he is chargeable therewith and liable to an action by the personal represent…

Citation to persons suspected of having concealed monies; generally. If any personal representative or other person interested in the estate of a decedent complains to the court in writing, verified by oath, that any person is suspected of having concealed, embezzled, smuggled, c…

Citation to persons suspected of having concealed monies; failure to appear or answer; disclosure order; proceedings generally. (a) If the person cited refuses to appear and submit to an examination or to answer interrogatories put to him touching the matters of complaint, the co…

accounting. Citation of persons entrusted with monies for Upon the complaint on oath of any personal representative, the court shall cite any person who has been entrusted with any part of the estate of the decedent to appear before the court and require him to render a full acco…

defined. Right to homestead and support; "homestead" (a) When a person dies leaving a spouse or minor children, the spouse or minor children are entitled to remain in possession of the homestead, all wearing apparel of the family, and all household furniture of the decedent until…

Extra allowance for maintenance of family. If the amount set apart is insufficient for the support of the widow and children, or either, the court shall make such reasonable allowance out of the estate as is necessary for the maintenance of the family according to their circumsta…

Preference and payment of allowances; exceptions. Allowances made shall be paid in preference to all other charges except funeral expenses and cost of administration. Any such allowance, whenever made, may in the discretion of the court take effect from the death of the decedent.…

Absolute property of surviving spouse and minor children; exceptions; renouncement of will of no effect. When any resident of this state dies leaving a spouse or minor children, the court shall set over to the spouse, and if none to the minor children, as their absolute property,…

Procedure for setting off exempt property. Any time during the administration of an estate and after the first publication of notice of opening the probate and the filing of the appraisement, any person interested may file a petition showing the necessary facts and praying to hav…

Homestead to be set apart by court; payment of liens or encumbrances. If the homestead held prior to the death of the decedent is returned in the appraisement at a value not exceeding the value of the homestead exemption provided in W.S. 2-7-508, the court shall order it set off …

homestead. Duty of appraisers to appraise and divide If the homestead is returned in the appraisement at more than the value of the homestead exemption set forth in W.S. 2-7-508, the appraisers shall determine whether the premises can be divided without material injury. If they c…

Amount of homestead exemption. Wheresoever in the Probate Code the limit of the homestead exemption is established or referred to, the exemption is thirty thousand dollars ($30,000.00).

Costs of proceedings; homestead exempt from claims against estate. The costs of all proceedings provided for in W.S. 2-7-501 through 2-7-508 shall be paid by the estate as expenses of administration. Persons succeeding by purchase or otherwise to the interests, rights and title o…

When conveyance required; generally. When a person who is bound by contract in writing to convey any real estate dies before making the conveyance, and in all cases when the decedent, if living, might be compelled to make the conveyance, the court may order his personal represent…

When conveyance required; time and place for hearing; notice. On presentation of a verified petition by any person claiming to be entitled to the conveyance from a personal representative setting forth the facts upon which the claim is predicated, the court shall appoint a time a…

When conveyance required; hearing. At the hearing all persons interested in the estate may appear and contest the petition by filing their objections in writing. The court may examine, on oath, the petitioner and all before him for that purpose.

When conveyance required; order for conveyance; journal entry. If after hearing and examination of the claim the court is satisfied the petitioner is entitled to a conveyance of the real estate described in the petition, an order directing the personal representative to execute a…

When conveyance required; execution. The personal representative shall execute the conveyance according to the directions of the order.