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

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…

death. Actions pending against decedent at time of 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…

precluded. Claims barred by statute of limitations 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.

thereof. Certified copy of judgments to be filed; effect (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…

person. Distribution of property upon death of a married 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.

property. Rights of spouses to alter interests in community 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…

Fees of personal representative; schedule. (a) If the court determines that by reason of unusual circumstances the fee computed hereafter is not equitable after considering the time and effort reasonably expended and the responsibility with which the personal representative was c…

Fees of attorney for estate; schedule. (a) If the court determines that by reason of unusual circumstances the fee computed hereafter is not equitable after considering the time and effort reasonably expended and the responsibility with which the personal representative was charg…

Allowance and payment of personal representative's fees and attorney fees; limitations. (a) No fees shall be paid to the personal representative or the attorney for the estate except upon order of the court. At any time during the administration of the estate the personal represe…

Verified interim report and accounting. (a) The personal representative may at any time file a verified interim report and accounting with the court showing the condition of the estate, its debts and property, the amount of money received and the disposition made of any assets of…

Distribution before final settlement; notice; hearing; costs. (a) Any time after thirty (30) days from expiration of time for filing claims the personal representative or any distributee may file a petition with the court for partial or complete distribution of any share of the e…

Order of abatement. (a) Except as provided in the will, shares of the distributees shall abate for the payment of debts and charges, federal and state taxes, legacies and the share of the surviving spouse who elects to take against the will without any preference or priority as b…

Contribution among legatees. When property specifically given by will has been sold for the payment of debts, taxes or expenses of administration, all of the distributees shall contribute according to their respective interests, subject to W.S. 2-7-808, to the distributee whose d…

Federal capital gains tax; minimum preference tax; apportionment. (a) Unless otherwise provided by will, when as a consequence of sale of property by the personal representative a federal capital gains tax or federal minimum preference tax is owed by the estate, the tax shall be …

Final report and accounting and petition for distribution; contents; notice and hearing thereon. (a) When the estate is ready to be closed, the personal representative shall file with the clerk of court, under oath, his final report and accounting and petition for distribution. (…

documents. Payment of all taxes prerequisite; filing of (a) Before a final decree of distribution is entered the court shall be satisfied by presentation of receipts, cancelled checks, certificates, closing letters and other proof that all federal, state, county and municipal tax…

Final decree of distribution. Upon approval by the court of the final report and accounting and petition for distribution with any changes, corrections, amendments or supplements as may be required, the court shall enter a final decree of distribution. In the decree the court sha…

Discharge of personal representative. When the estate has been fully administered the personal representative may petition the court for his final discharge. Upon showing proof of payment or receipt that he has paid all sums of money due from him and delivered under order of the …

Closing of estates. The court, upon its own motion, or upon the application of any party, may enter an order closing any pending estate when it appears from the court files or otherwise that no known assets belonging to the estate remain for administration or distribution. Such o…

After-discovered property or correction of property description. The final settlement of an estate shall not prevent the reopening thereof for the purpose of administering after-discovered property or for the correction of the description of the property administered, and final s…

Contents of petition; notice of hearing. Any heir at law, devisee or creditor whose claim was allowed but not satisfied in the original administration or other person interested may petition for the reopening of the estate upon the grounds specified in W.S. 2-8-101. The petition …

decrees. Proceedings upon hearing; supplemental orders or Upon hearing the petition, if due cause is shown, the court may reopen the estate and administer any after-discovered property and make any necessary orders correcting descriptions as to the estate administered therein. No…

Petition to establish rights upon death of owner of life estate or joint interest in realty; notice; decree; recording and effect thereof. If any person dies seized of a life estate which terminates by reason of his death, or of an estate by the entireties, or of an estate by joi…

Affidavit of survivorship; recordation; copy of death certificate to be attached. If any person dies who is the owner of a life estate which terminates by reason of his death, or if any person dies who is the owner with his surviving spouse of an estate by entireties, or if any p…

Affidavit of survivorship; prima facie evidence; procedure deemed independent. Each affidavit signed, sworn to and recorded substantially in compliance with the provisions of W.S. 2-9-102, constitutes prima facie evidence that all facts recited therein are true. The permissive an…

where filed. Application by petition two years after death; When more than two (2) years have elapsed since the death of a person residing in this state, or residing outside of this state but owning real estate or any interest therein situated within this state, or who has made e…