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

Homestead allowance, exempt property and family allowance; exception. A surviving spouse is entitled to homestead allowance, exempt property and family allowance whether or not he elects to take an elective share and whether or not he renounces the benefits conferred upon him by …

Duty of court to advise as to right of election. (a) If the surviving spouse has a right of election under W.S. 2-5-101, then at any time after the filing of an inventory and not more than three (3) months after the admission of the will to probate, the court shall advise the sur…

Time limit and procedure for elective share. (a) The surviving spouse, or a personal representative or guardian of the estate of a deceased or incompetent surviving spouse, may elect to take his elective share in the estate by filing in the court and mailing or delivering to the …

Right to make and dispose; exception. Any person of legal age and sound mind may make a will and dispose of all of his property by will except what is sufficient to pay his debts, and subject to the rights of the surviving spouse and children.

All property deemed passed; "property" defined. A will is construed to pass all property which the testator owns at his death including property acquired after the execution of the will, unless a contrary intention is indicated by the will. "Property", as used in this section, in…

Property passed may be governed by trust instrument. By a will signed and attested as provided in this article a testator may devise and bequeath real and personal estate to a trustee of a trust which is evidenced by a written instrument in existence when the will is made and whi…

Law governing meaning and effect. The meaning and legal effect of a disposition in a will is determined by the law of the state in which the will was executed, unless the will otherwise provides or unless the application of that law is contrary to the public policy of this state …

Rules of construction and intention. The intention of a testator as expressed in his will controls the legal effect of his dispositions. The rules of construction expressed in the succeeding sections of this article apply unless a contrary intention is indicated by the will.

Antilapse; deceased devisees; class gifts. If a devisee who is a grandparent or a lineal descendent of a grandparent of the testator is dead at the time of execution of the will, fails to survive the testator, or is treated as if he predeceased the testator, the issue of the dece…

Failure of a testamentary provision. (a) Except as provided in W.S. 2-6-106, if a devise other than a residuary devise fails for any reason, it becomes a part of the residue. (b) Except as provided in W.S. 2-6-106, if the residue is devised to two (2) or more persons and the shar…

Specific devise of securities; accessions; nonademption. (a) If the testator intended a specific devise of certain securities rather than the equivalent value thereof, the specific devisee is entitled only to: (i) As much of the devised securities as are a part of the estate at t…

Nonademption of specific devises where sold by conservator; exception; rights of specific devisee. (a) If specifically devised property is sold by a conservator, or if a condemnation award or insurance proceeds are paid to a conservator as a result of a condemnation, fire or casu…

Exercise of power of appointment. A general residuary clause in a will, or a will making general disposition of all of the testator's property, does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some other indi…

Nonexoneration. A specific devise passes subject to any mortgage, security, interest or lien existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.

(c) An attested will may at the time of its execution or at any subsequent date be made self-proven by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of this state or under …

Holographic will. A will which does not comply with W.S. 2-6-112 is valid as an holographic will, whether or not witnessed, if it is entirely in the handwriting of the testator and signed by the hand of the testator himself.

Self-proving wills. (a) Any will may be simultaneously executed, attested and made self-proven, by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state where executio…

Who may witness. Any person generally competent to be a witness may act as a witness to a will.

Validity of execution. A written will is valid if executed in compliance with W.S. 2-6-112 or 2-6-113 or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where at the time of execution or at the ti…

Revocation by writing or by act. (a) A will or any part thereof is revoked: (i) By a subsequent will which revokes the prior will or part expressly or by inconsistence; or (ii) By being burned, torn, cancelled, obliterated or destroyed with the intent and for the purpose of revok…

Duty of custodian to deliver will; failure to comply; order to third persons. (a) Every custodian of a will, within ten (10) days after receipt of information that the maker thereof is dead, shall deliver the same to the clerk of the district court having jurisdiction of the esta…

Notification of executor; disposition where no petition filed. Upon receipt of a will for filing, with information that the maker thereof is dead, the clerk shall notify the party, if any, named as executor of the will, and as many of the distributees named therein as may be read…

Petition and procedure for filing of will without probate or administration. (a) Concurrently with the filing with the clerk of a will of a deceased person, or at any time thereafter, the executor or any distributee named therein may file a sworn petition for filing of the will w…

Petition and procedure for filing and probate of will without administration. (a) Concurrently with the filing with the clerk of a will of a deceased person, or at any time thereafter prior to the filing of a petition pursuant to W.S. 2-6-201 and prior to the entry of any order b…

Filing of will, with or without probate not to bar collection by affidavit. No proceedings pursuant to W.S. 2-6-120 through 2-6-122 shall bar any proceedings pursuant to W.S. 2-1-201 through 2-1-203.

Written statement referred to in will disposing of certain personal property. (a) A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, doc…

Revocation of probate and nonprobate transfers by divorce or annulment; effect; revival; other changes excluded. (a) As used in this section: (i) "Divorce" or "annulment" means any dissolution of marriage through a divorce or annulment that results in the exclusion of the spouse …

Contents of petition; defect in jurisdictional statement inconsequential. (a) A petition for the probate of a will shall show: (i) The jurisdictional facts; (ii) Whether the person named as executor consents to act, or renounces his right to letters testamentary; (iii) The names,…

Failure of executor to petition; appointment of administrator. If the person named in a will as executor, for thirty (30) days after he has knowledge of the death of the testator and that he is named as executor, fails to petition the proper court for probate of the will and that…

Hearing upon petition; notice not required. (a) Upon the filing of a petition for probate of a will, the court or the clerk may hear it forthwith or at such time and place as the court or clerk may direct, with or without requiring notice, and upon proof of due execution of the w…

Proof; self-proving will. A will executed in compliance with W.S. 2-6-114 shall be probated without further proof.

Proof; wills not self-proving. (a) If the will is not self-proving, proof of a will may be made by the oral or written testimony of one or more of the subscribing witnesses to the will. If the testimony is in writing, it shall be substantially in the following form, executed and …

Proof; holographic wills. An holographic will may be proved the same as any other private writing.

Proof; lost or destroyed will; court may restrain personal representatives pending disposition. (a) Whenever any will is lost or destroyed, the district court shall take proof of the execution and validity thereof to establish the same. All the testimony shall be reduced to writi…

Order of preference for appointment of executor. (a) Letters testamentary may be granted to one or more persons found to be qualified. Preference for appointment shall be in the following order: (i) The person designated in the will; (ii) Any beneficiary named in the will, or a p…

Order admitting or disallowing probate; mailing of copies. The court or the clerk shall enter an order either admitting the will to probate or disallowing probate because of insufficient proof. An order admitting a will to probate shall include the appointment of an executor. The…

Form of letters testamentary. Letters testamentary must be substantially in the following form: State of Wyoming ) )ss County of .... ) The last will of A. B., deceased, a copy of which is hereto attached, having been proved and recorded in the district court within and for the c…

Authority of executor not designated in will. Executors who are not designated in the will have the same authority over the estates which executors named in the will have.

Filing and contents of petition to revoke. After a will has been admitted to probate, any person interested may, within the time designated in the notice provided for in W.S. 2-6-122 or 2-7-201, contest the will or the validity of the will. For that purpose he shall file in the c…

Summons and notification; proceedings governed by civil rules. Upon filing the petition, a summons shall be served upon the executors of the will and the clerk shall send notice by certified mail, with copy of petition attached, to all the legatees and devisees mentioned in the w…

Annulment and revocation. If upon trial, the jury, or if no jury, the court decides the will is invalid or that it is not sufficiently proved to be the last will of the testator, the probate shall be annulled and revoked.

Cessation of executor's powers; immunity. Upon the revocation being made, the powers of the executor cease, but the executor is not liable for any act done in good faith previous to the revocation.

Liability for payment of contest costs. The fees and expenses shall be paid by the party contesting the validity or probate of the will if the will in probate is affirmed. If the probate is revoked, the costs shall be paid by the party who resisted the revocation, or out of the p…

When probate deemed conclusive. If no person within the time designated in the notice provided for in W.S. 2-6-122 or 2-7-201 files a petition to contest the will or its validity, the probate of the will is conclusive.

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 …