Title 2 — Title 2 — Wills, Decedents' Estates And Probate Code
18 chapters · 466 sections in this title.
W.S. § 2-3-1011 Disclosure of digital assets held in trust when trustee is original user
0.5K chars
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…
W.S. § 2-3-1012 Disclosure of the content of electronic communications held in trust when trustee not original user
1.1K chars
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 …
W.S. § 2-3-1013 Disclosure of other digital assets held in trust when trustee not original user
1.2K chars
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…
W.S. § 2-3-1014 ward
1.4K chars
ward. Evidence linking the account to the trust. Disclosure of digital assets to conservator of a (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 otherwis…
W.S. § 2-3-1015 Fiduciary duty and authority
2.7K chars
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…
W.S. § 2-3-1016 Custodian compliance and immunity
1.8K chars
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…
W.S. § 2-3-1017 Relation to Electronic Signatures in Global and National Commerce Act
0.5K chars
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…
W.S. § 2-4-101 abolished
2.1K chars
abolished. Rule of descent; generally; dower and curtesy (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…
W.S. § 2-4-102 Repealed by Laws 2019, ch
0.0K chars
Repealed by Laws 2019, ch. 125, § 2.
W.S. § 2-4-103 Posthumous persons
0.2K chars
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.
W.S. § 2-4-104 children
0.2K chars
children. Kindred of half blood; stepchildren; foster 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.
W.S. § 2-4-105 Alienage not to affect inheritance; exception; burden of proof; when property to escheat to state
1.0K chars
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…
W.S. § 2-4-106 Divorce not to affect children's rights
0.1K chars
Divorce not to affect children's rights. Divorces of husband and wife do not affect the right of children to inherit their property.
W.S. § 2-4-107 child
1.0K chars
child. Determination of relationship of parent and (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…
W.S. § 2-4-108 Advancements generally; exceptions; determination
1.2K chars
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…
W.S. § 2-4-201 Persons entitled to administer
1.1K chars
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…
W.S. § 2-4-202 Appointment of administrator(s)
0.3K chars
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…
W.S. § 2-4-203 Persons incompetent to administer
0.3K chars
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…
W.S. § 2-4-204 Married woman may be administratrix
0.2K chars
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.
W.S. § 2-4-205 Petition for letters of administration; contents; effect of want of jurisdictional averments
0.8K chars
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…
W.S. § 2-4-206 administer
0.5K chars
administer. Contest of petition; assertion of own rights to 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…
W.S. § 2-4-207 Hearing of contest; issuance of letters
0.2K chars
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.
W.S. § 2-4-208 When letters granted
0.2K chars
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.
W.S. § 2-4-209 contested
0.3K chars
contested. Letters granted to any applicant if not 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…
W.S. § 2-4-210 Letters granted on request of person entitled
0.2K chars
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.
W.S. § 2-4-211 Creditors; right to apply for letters
0.3K chars
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…
W.S. § 2-4-212 Creditors; when claims barred; effect on liens
0.6K chars
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…
W.S. § 2-4-213 appointment
0.4K chars
appointment. Transcript of court minutes to be evidence of A transcript from the minutes of the court showing the appointment of any person as administrator, together with the certificate of the clerk under his hand and the seal of the court, that the person has given bond and be…
W.S. § 2-4-214 Form of letters of administration
0.4K chars
Form of letters of administration . Letters of administration shall be signed by the clerk under the seal of the court, and substantially in the following form: State of Wyoming ) )ss County of .... ) C. D. is hereby appointed administrator of the estate of A. B., deceased. Witne…
W.S. § 2-5-101 Elective share of property
1.6K chars
Elective share of property. (a) If a married person domiciled in this state shall by will deprive the surviving spouse of more than the elective share, as hereafter set forth, of the property which is subject to disposition under the will, reduced by funeral and administration ex…
W.S. § 2-5-102 allowance
1.0K chars
allowance. Waiver of right of election and homestead The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance, exempt property and family allowance, or any of them, may be waived totally or partially before or after marriage, by a …
W.S. § 2-5-103 Homestead allowance, exempt property and family allowance; exception
0.5K chars
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 …
W.S. § 2-5-104 Duty of court to advise as to right of election
0.9K chars
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…
W.S. § 2-5-105 Time limit and procedure for elective share
1.9K chars
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 …
W.S. § 2-6-101 Right to make and dispose; exception
0.2K chars
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.
W.S. § 2-6-102 All property deemed passed; "property" defined
0.4K chars
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…
W.S. § 2-6-103 instrument
0.7K chars
instrument. Property passed may be governed by trust 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…
W.S. § 2-6-104 Law governing meaning and effect
0.3K chars
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 …
W.S. § 2-6-105 Rules of construction and intention
0.3K chars
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.
W.S. § 2-6-106 Antilapse; deceased devisees; class gifts
0.7K chars
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…
W.S. § 2-6-107 Failure of a testamentary provision
0.5K chars
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…
W.S. § 2-6-108 nonademption
0.9K chars
nonademption. Specific devise of securities; accessions; (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…
W.S. § 2-6-109 Nonademption of specific devises where sold by conservator; exception; rights of specific devisee
1.3K chars
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…
W.S. § 2-6-110 Exercise of power of appointment
0.3K chars
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…
W.S. § 2-6-111 Nonexoneration
0.2K chars
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.
W.S. § 2-6-112 (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
1.7K chars
(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 …
W.S. § 2-6-113 Holographic will
0.2K chars
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.
W.S. § 2-6-114 Self-proving wills
2.3K chars
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…
W.S. § 2-6-115 Who may witness
0.1K chars
Who may witness. Any person generally competent to be a witness may act as a witness to a will.
W.S. § 2-6-116 Validity of execution
0.4K chars
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…