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

Petition to sell; generally. A petition to sell, mortgage, exchange, pledge or lease any real or personal property shall set forth the reasons for the petition and describe the property involved. It may apply for different authority as to separate parts of the property, or it may…

Petition to sell; notice and hearing; exception; court order. Upon filing of the petition, the court shall fix the time and place of hearing of the petition, and the personal representative shall give notice of the hearing as provided in W.S. 2-7-205, but as to personal property …

Sale subject to mortgage. When a claim is secured by a mortgage on property, the court, with the consent of the mortgagee, may order the sale of the property subject to the mortgage, and the consent shall release the estate should a deficiency later appear.

Extension of credit in sales. In all sales of property, the court may authorize credit to be given by the personal representative on such terms as the court may prescribe. Credit for more than twelve (12) months shall be extended only after hearing pursuant to notice to intereste…

Purchase by holder of lien. At any sale of real or personal property upon which there is a mortgage, pledge or other lien, the holder of the lien may become the purchaser, and may apply the amount of his lien on the purchase price. If no claim thereon has been filed or allowed, t…

Bond to prevent sale; liability for breach; effect of compliance. (a) Any person interested in the estate may prevent a sale, mortgage, pledge, exchange or lease of the whole or any part of the real estate or personal property for any purpose by giving bond to the satisfaction of…

Collateral attacks precluded. No proceedings for sale, mortgage, pledge, lease, exchange or conveyance by a personal representative of property belonging to the estate is subject to collateral attack on account of any irregularity in the proceedings which do not deprive the court…

Order for sale, generally. The order shall describe the property to be sold, mortgaged, pledged, exchanged or leased and may designate the sequence in which the several parcels shall be sold, mortgaged, pledged, exchanged or leased. An order for sale may direct whether the proper…

Notice of auction required. In all sales of property at public auction the personal representative shall give notice as provided in W.S. 2-7-202.

Adjournment of sale. The personal representative may adjourn any sale when in his discretion it is deemed for the best interests of the estate, but no adjournment shall be to a time more than three (3) months from the date first fixed for the sale. Every adjournment shall be anno…

Verified report required; confirmation of sale, by court; hearing may be ordered. (a) After making any sale, mortgage, exchange or lease of real property, the personal representative shall make a verified report thereof to the court. The court shall examine the report and if sati…

Joining report with petition. The report of any private sale, mortgage, exchange or lease of real property, as provided in W.S. 2-7-624 may be joined with the petition provided in W.S. 2-7-614.

Recording. When real property is conveyed, encumbered or leased, the personal representative shall file a certified copy of the order of court entered under W.S. 2-7-624 together with the instrument of conveyance, encumbrance or lease in the office of the county clerk of the coun…

Optional procedure. In those instances to which W.S. 2-3-501 through 2-3-504 are applicable, the personal representative may proceed thereunder or proceed under W.S. 2-7-612 to 2-7-626.

(d) Any claim not in excess of two hundred dollars ($200.00) may be allowed by the personal representative without the filing of the claim by the creditor, but the personal representative is answerable for the propriety thereof upon hearing on his final report and accounting.

Debts and charges; classification. (a) In any estate in which the assets are or appear to be insufficient to pay in full all debts and charges of the estate, the personal representative shall classify debts and charges as follows: (i) Court costs; (ii) Other costs of administrati…

Debts and charges; order of payment. Payment of debts and charges of the estate shall be made in the order provided in the preceding section without preference of any claim over another of the same class. If the assets of the estate are insufficient to pay in full all of the clai…

Filing required; failure to do so constitutes bar; exceptions. (a) Except as otherwise provided in this section, all claims whether due, not due or contingent, shall be filed in duplicate with the clerk within the time limited in the notice to creditors and any claim not so filed…

Affidavit and other required supporting documentation. (a) Every claim which is due, when filed with the clerk shall be supported by the affidavit of the claimant or someone in his behalf, that the account is justly due, that no payments have been made thereon which are not credi…

Future, contingent and unliquidated claims. (a) If a claim which will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate, and the claim has been allowed or established by a proceeding, it is paid in the s…

Claim based on cause of action surviving decedent's death. Where a cause of action against the decedent survives his death under W.S. 1-4-101 and 1-4-102, before an action may be brought thereon in any court, a claim based thereon shall be filed and shall have been rejected by th…

Repayment of public assistance. If any recipient of assistance under statutes of Wyoming governing programs of public welfare dies possessed of money or property and a claim for repayment of such assistance is filed against the estate of the deceased, the court in which the estat…

Personal claims of personal representatives. (a) If the personal representative is a creditor of the decedent he shall file his claim as other creditors, and the court shall appoint a competent person as temporary administrator to represent the estate in the matter of allowing or…

Actions pending against decedent at time of death. Any action, including any counterclaim in any pending action, pending against the decedent at the time of his death that survives shall be filed as a claim within the time provided in W.S. 2-7-703 by filing with the clerk in dupl…

Judgments rendered against decedent before death; execution thereon limited. When any judgment has been rendered against the decedent in his lifetime, no execution shall issue thereon after his death unless the judgment is for the recovery of real or personal property or the enfo…

Judgments rendered against decedent after death. A judgment rendered against a decedent who dies after verdict or decision on an issue of fact but before judgment is rendered thereon shall be filed with the clerk like any other claim. The time within which the judgment shall be f…

Allowance and rejection of claims. (a) When a claim, accompanied by the affidavit required in W.S. 2-7-704, has been filed with the clerk, the personal representative shall allow or reject it and his allowance or rejection shall be in writing and filed with the clerk within thirt…

Claims allowed in part. Whenever the personal representative allows a claim in part, he shall state in his report to the clerk the amount he allows. If the creditor refuses to accept the amount allowed in full satisfaction of his claim, he shall recover no costs in any action bro…

Claims barred by statute of limitations precluded. No claim shall be allowed by the personal representative which is barred by the statute of limitations.

Adjudication of propriety in handling claims prior to final report. At any time the personal representative may file an application with the court for an adjudication binding upon all distributees as to the propriety of the personal representative's past or proposed allowance or …

Stay of probate proceedings pending final disposition of claims and litigation. Pending final adjudication of all claims and litigation as to which claims have been timely filed, the personal representative shall proceed with the administration of the estate to the extent possibl…

Action precluded until claim rejected; exception. No holder of any claim against an estate shall maintain any action thereon unless the claim is first rejected in whole or in part by the personal representative and the rejection filed with the clerk, except an action may be broug…

Action on rejected claim; limitations. When a claim is rejected and notice given as required, the holder shall bring suit in the proper court against the personal representative within thirty (30) days after the date of mailing the notice, otherwise the claim is forever barred.

Certified copy of judgments to be filed; effect thereof. (a) A certified copy of any judgment rendered as contemplated by W.S. 2-7-709, 2-7-710, 2-7-711 or 2-7-717 shall be filed upon its rendition with the clerk. (b) Any judgment rendered upon any claim for money only establishe…

Short title; citation. (a) This act may be cited as the "Disposition of Community Property Rights at Death Act". (b) As used in W.S. 2-7-720 through 2-7-729 "this act" means W.S. 2-7-720 through 2-7-729.

Application of act. (a) This act applies to the disposition at death of the following property acquired by a married person: (i) All personal property, wherever situated which was acquired as or became, and remained, community property under the laws of another jurisdiction, and:…

Presumptions as to applicability of act. (a) In determining whether this act applies to specific property the following rebuttable presumptions apply: (i) Property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under the laws of which prop…

Distribution of property upon death of a married person. Upon death of a married person, one-half (1/2) of the property to which this act applies is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws …

Claim to community property; perfection of title in surviving spouse. (a) If the title to any property to which this act applies was held by the decedent at the time of death, title of the surviving spouse may be perfected by an order of the court or by execution of an instrument…

Claim to community property; perfection of title to decedent's interest in community property. (a) If the title to any property to which this act applies is held by the surviving spouse at the time of the decedent's death, the personal representative or an heir or devisee of the …

Rights of a purchaser for value; duty to inquire; rights to proceeds from sale or security interest. (a) If a surviving spouse has apparent title to property to which this act applies, a purchaser for value or a lender taking a security interest in the property takes his interest…

Rights of creditors not affected. This act does not affect rights of creditors with respect to property to which this act applies.

Rights of spouses to alter interests in community property. This act does not prevent married persons from severing or altering their interests in property to which this act applies.

Testamentary disposition limited. This act does not authorize a person to dispose of property by will if it is held under limitations imposed by law preventing testamentary disposition by that person.

Declaration of policy; clerk to maintain calendar; administration to be completed within one year; exception. (a) It is the policy of the state of Wyoming that the administration of estates of decedents be completed as rapidly as possible consistent with due protection of the int…

Expenses of administration; standard; how paid. (a) The personal representative is authorized to incur and pay at any time, subject to approval upon hearing his final report and accounting, all reasonable and necessary expenses in the care, management and settlement of the estate…