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

(a) Revocation by writing or by act. 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…

Repealed by Laws 2023, ch. 140, § 2.

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…

of copies. Order admitting or disallowing probate; mailing qualified. 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 ex…

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…

civil rules. Summons and notification; proceedings governed by 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 …

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 …