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

Unitrust percentages. The percentage to be used in determining the unitrust amount shall be a reasonable current return from the trust, in any event not less than three percent (3%) nor more than five percent (5%), taking into account the intentions of the settlor of the trust as…

Treatment and allocation of income. (a) Following the conversion of an income trust to a total return unitrust or upon creation of a total return unitrust by a settlor, the trustee: (i) Shall treat the unitrust amount as net income of the trust for purposes of determining the amo…

Administration. (a) In administering a total return unitrust, the trustee may, in its sole discretion, but subject to the provisions of the governing instrument, determine: (i) The effective date of the conversion; (ii) The timing of distributions, including provisions for prorat…

Treatment of underpayments or overpayments. In the event of an underpayment to a beneficiary, the trustee shall pay to a beneficiary within a reasonable time, and in the event of an overpayment to a beneficiary, the trustee shall recover from the beneficiary either by repayment b…

Effect of conversion on governing instrument. Conversion to a total return unitrust under the provisions of this act shall not affect any other provision of the governing instrument, if any, regarding distributions of principal.

Situs. (a) This act shall be construed as pertaining to the administration of a trust and shall be available to any trust that is administered in Wyoming under Wyoming law unless: (i) The governing instrument reflects an intention that the beneficiary or beneficiaries are to rece…

Trustee's liability. Any trustee or disinterested person who in good faith takes or fails to take any action under this act shall not be liable to any person affected by the action or inaction, regardless of whether the person received written notice as provided in this act and r…

Judicial control of discretionary powers. (a) A court shall not change a trustee's decision to exercise or not to exercise a discretionary power conferred by this act unless it determines that the decision was an abuse of the trustee's discretion. A court shall not determine that…

Limitation of election. An action shall not be taken under W.S. 2-3-903, 2-3-904 or 2-3-905 more frequently than every two (2) years, unless the district court orders otherwise.

Application. This act applies to every trust or decedent's estate existing on July 1, 2007 or created thereafter except as otherwise expressly provided in the will or terms of the trust or in this act.

Uniform Fiduciary Access to Digital Assets Act; short title. This act shall be known and may be cited as the "Uniform Fiduciary Access to Digital Assets Act."

Definitions. (a) As used in this act: (i) "Account" means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives or stores a digital asset of a user or provides goods or services to a user; (ii) "Agent" means an attorney in …

Applicability. (a) This act applies to: (i) A fiduciary acting under a will, power of attorney or other authorization to act as a fiduciary with respect to the digital assets of a user entered or executed before, on or after July 1, 2016; (ii) A personal representative acting for…

User direction for disclosure of digital assets. (a) A user may use an online tool to direct a custodian to disclose or not to disclose to a designated recipient some or all of the user's digital assets, including the content of electronic communications sent or received by the u…

Terms of service agreement. (a) This act does not change or impair a right of a custodian or a user under a terms of service agreement to access and use digital assets of the user. (b) This act does not give a fiduciary or designated recipient new or expanded rights other than th…

Procedure for disclosing digital assets. (a) When disclosing digital assets of a user under this act, a custodian may: (i) Grant a fiduciary or designated recipient full access to the user's account; (ii) Grant a fiduciary or designated recipient partial access to the user's acco…

Disclosure of the content of electronic communications of a deceased user. (a) A custodian shall disclose to a personal representative of the estate of a deceased user the content of electronic communications sent or received by the user if the user directed disclosure as specifi…

Disclosure of other digital assets of a deceased user. (a) Unless otherwise directed by a court order or a user as specified in W.S. 2-3-1004, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent …

Disclosure of content of electronic communications of a principal. (a) To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by a principal and unless otherwise directed by a court order or the princip…

Disclosure of other digital assets of a principal. (a) Unless otherwise directed by a court order, a principal as specified in W.S. 2-3-1004 or a power of attorney, a custodian shall disclose to an agent a catalogue of electronic communications sent or received by the principal a…

Disclosure of digital assets held in trust when trustee is original user. Unless otherwise directed by a court order or a trust, a custodian shall disclose to a trustee who is an original user of an account of the trust digital assets of the account, including a catalogue of elec…

Disclosure of the content of electronic communications held in trust when trustee not original user. (a) Unless otherwise directed by a court order, a user as specified in W.S. 2-3-1004 or a trust, a custodian shall disclose to a trustee who is not an original user of an account …

Disclosure of other digital assets held in trust when trustee not original user. (a) Unless otherwise directed by a court order, a user as specified in W.S. 2-3-1004 or a trust, a custodian shall disclose to a trustee who is not an original user of an account of a trust a catalog…

Disclosure of digital assets to conservator of a ward. (a) After an opportunity for a hearing under title 3, chapter 2 of the Wyoming statutes, the court may grant a conservator access to the digital assets of a ward. (b) Unless otherwise directed by a court order or a user as sp…

Fiduciary duty and authority. (a) The legal duties imposed on a fiduciary charged with managing tangible, personal property of a decedent, ward, principal or settlor apply to the management of digital assets, including the duty of care, loyalty and confidentiality. (b) A fiduciar…

Custodian compliance and immunity. (a) Not later than sixty (60) days after receipt of the information required under W.S. 2-3-1007 through 2-3-1015, a custodian shall comply with a request from a fiduciary or designated recipient under this act to disclose digital assets or term…

Relation to Electronic Signatures in Global and National Commerce Act. This act modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act, section 7001 et seq. of title 15 of the United States Code, as amended, but does not modify, limit or supe…

Rule of descent; generally; dower and curtesy abolished. (a) Whenever any person having title to any real or personal property having the nature or legal character of real estate or personal estate undisposed of, and not otherwise limited by marriage settlement, dies intestate, t…

Posthumous persons. Persons conceived before the decedent's death but born thereafter inherit as if they had been born in the lifetime of the decedent.

Kindred of half blood; stepchildren; foster children. Persons of the half-blood inherit the same share they would inherit if they were of the whole blood, but stepchildren and foster children and their descendents do not inherit.

Alienage not to affect inheritance; exception; burden of proof; when property to escheat to state. (a) The alienage of the legal heirs shall not invalidate any title to real estate which shall descend or pass from the decedent, except that no nonresident alien who is a citizen of…

Divorce not to affect children's rights. Divorces of husband and wife do not affect the right of children to inherit their property.

Determination of relationship of parent and child. (a) If for purposes of intestate succession, a relationship of parent and child shall be established to determine succession by, through or from a person: (i) An adopted person is the child of an adopting parent for inheritance p…

Advancements generally; exceptions; determination. (a) If a person dies intestate, property which he gave in his lifetime to an heir is treated as an advancement against the latter's share of the estate only if declared in a contemporaneous writing by the decedent or acknowledged…

Persons entitled to administer. (a) Administration of the estate of a person dying intestate shall be granted to one (1) or more of the persons mentioned in this section. The relatives of the deceased are entitled to administer only when they are entitled to succeed to his person…

Appointment of administrator(s). Where there are several persons equally entitled to administer, the court, or commissioner in vacation may grant letters to one (1) or more of them. When a creditor is claiming letters, the court, or commissioner in vacation, may at the request of…

Persons incompetent to administer. (a) No person is competent or entitled to serve as administrator, who is: (i) Under the age of majority; (ii) Not a bona fide resident of the state unless a resident of Wyoming is appointed coadministrator; or (iii) Adjudged by the court or comm…

Married woman may be administratrix. A married woman may be appointed and serve as administratrix the same in every respect as a femme sole. When an unmarried woman appointed administratrix marries her authority is not extinguished.

Petition for letters of administration; contents; effect of want of jurisdictional averments. A petition for letters of administration shall be in writing, signed by the applicant or his counsel and filed with the clerk of the court. The petition shall state the facts essential t…

Contest of petition; assertion of own rights to administer. Any person interested may contest the petition by filing written opposition on the ground of the incompetency of the applicant, or may assert his own rights to the administration and pray that letters be issued to himsel…

Hearing of contest; issuance of letters. After hearing the allegations and proofs of the parties, the court shall order the issuing of letters of administration to the party best entitled thereto.

When letters granted. Letters of administration may be granted at any time appointed for the hearing of the application, or at any time to which the hearing is continued or postponed.

Letters granted to any applicant if not contested. Letters of administration shall be granted to any applicant, though it appears there are other persons having better rights to the administration, when those persons fail to appear either in person or by agent or attorney and cla…

Letters granted on request of person entitled. Administration may be granted to one (1) or more competent persons, although not otherwise entitled to the same, at the written request of the person entitled, filed in court.

Creditors; right to apply for letters. If letters testamentary or of administration have not been issued upon the request of any other person, any creditor of the decedent may apply for letters of administration at any time within two (2) years after the death of decedent, but no…

Creditors; when claims barred; effect on liens. If the letters are not issued within the time specified, all claims of creditors are forever barred and the purchasers of the property of the decedent from the heirs of the decedent shall take the title free from any claim of credit…