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

Short title. This act may be cited as the "Wyoming Probate Code".

Rules of construction and applicability. (a) This code shall be liberally construed and applied, to promote the following purposes and policies to: (i) Simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors and incapacitated p…

Objections to appointments. For appointments made pursuant to the Wyoming Probate Code, unless a shorter period of time is specified in the code or by the court, or where an appointment will be made with no hearing or no notice, all persons having an objection to the appointment …

Payment of indebtedness and delivery of tangible personal property or instruments evidencing debt. (a) Not earlier than thirty (30) days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidenci…

Effect; refusal to pay, deliver. (a) The person having custody of the decedent's property or a holder of the decedent's property: (i) Paying, delivering, transferring or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same…

Deposits by minors or persons under a disability; joint and trust deposits; pay-on-death accounts. (a) Deposits by minors or other persons under a legal disability may be paid on the order of the depositor and the payments are legally valid. (b) Any portion of a deposit by two (2…

Collection of claims of certain creditors of decedent by affidavit. (a) Not earlier than ninety (90) days after the death of a decedent, the United States, or any agency or instrumentality thereof, or the state of Wyoming, or any agency, instrumentality or political subdivision t…

Summary procedure for distribution of personal or real property; application for decree; notice by publication; presumptive evidence of title; effect of false statements. (a) If any person dies who is the owner of personal or real property, including mineral interests, but whose …

clerk. Proof of publication and service; filing with (a) The proof of publication of the notice required under W.S. 2-1-205(d) shall be by affidavit of the publisher. (b) The proof of service under W.S. 2-1-205(d) shall be signed by a distributee who signed the application or his…

Missing distributees. (a) The person or persons claiming to be the distributee or distributees of the decedent who filed the application shall make reasonable efforts to identify and locate all living distributees of the decedent having a right to succeed to the interests of the …

Venue generally. (a) An application for a decree under W.S. 2-1-205 shall be filed as follows: (i) If the decedent was a resident of Wyoming at the time of his death, in the county of which the decedent was a resident; (ii) If the decedent was not a resident of Wyoming at the tim…

"Distributee" defined. (a) As used in this article, "distributee" means as defined in W.S. 2-1-301(a)(xiii) and includes any person who is a successor in interest to the decedent: (i) As an heir; (ii) As a beneficiary; (iii) Through the intervening estates of the decedent's heirs…

Generally. (a) When used in this code, unless otherwise defined or required by the context, the following words and phrases shall be construed as follows: (i) "Administrator" means any person appointed by the court to administer an intestate estate; (ii) "Bequeath" includes the w…

Right to disclaim. (a) Any person may disclaim any interest in property which without a disclaimer he would receive by gift, bequest, devise, inheritance, beneficiary designation, the exercise of a power of appointment or would pass by right of survivorship. (b) Except to the ext…

(a) Definitions. As used in Article 4: (i) "Any interest in property" includes, but is not limited to an undivided portion of an interest and a power with respect to property; (ii) "Disclaimer" means an irrevocable and unqualified refusal by a person to accept an interest in prop…

(a) Qualification; effective date. To qualify as a disclaimer: (i) There shall be a written irrevocable and unqualified refusal by the disclaimant to accept an interest in property; and (ii) The writing shall be received by the transferor of the interest, his legal representative…

Disposition of disclaimed interest. (a) Unless otherwise expressly provided in the deed of gift or will: (i) The interest disclaimed reverts to the transferor if he is living on the date of disclaimer; or (ii) The interest disclaimed passes under the residuary clause of transfero…

Disclaimer on behalf of person under disability. A duly appointed, qualified and acting guardian of the property of an incompetent or a person under the age of twenty-one (21) years may make a disclaimer on behalf of his ward, upon a showing satisfactory to the court having juris…

Disposal of controlled substances. A person is authorized to collect any controlled substances of the decedent for purposes of disposal in accordance with 21 C.F.R. part 1317.30 and 21 C.F.R. part 1317.35.

courts. Exclusive jurisdiction conferred on district The district courts of the state have exclusive original jurisdiction of all matters relating to the probate and contest of wills and testaments, the granting of letters testamentary and of administration, and the settlement an…

Venue generally. (a) Wills shall be proved and letters testamentary or of administration granted: (i) In the county of which the decedent was a resident at the time of his death, regardless of where he may have died; (ii) In the county in which the decedent died, leaving estate t…

Jurisdiction of estate of nonresident. When the estate of the decedent is in more than one (1) county, the decedent having died out of the state and not being a resident thereof at the time of his death, or being a nonresident and dying within the state but not leaving estate in …

Court to remain open. For the purpose of granting probate of wills, issuing letters testamentary and of administration, filing reports, accounts and petitions of personal representatives, filing claims against the estate and issuing process and notices required by the Probate Cod…

[Repealed or reserved.]

generally. Repealed by Laws 2019, ch. 54, § 2. Powers and duties of court commissioners; The court commissioner of each district court shall, upon a general order made for that purpose, examine the bonds filed by the personal representatives, with a view to ascertaining their suf…

Powers and duties of court commissioners; compelling attendance of witnesses; process. In order to make such examination, the court commissioner is entitled to process to compel the personal representative and other witnesses to appear and testify before him on the hearing, and f…

Powers and duties of court commissioners; compelling attendance of witnesses; failure to appear or testify. Any person refusing to appear or testify before a commissioner may be cited for contempt and held to bail to answer to the alleged contempt as soon as reasonably possible. …

judge sick. Authority of other judges to act when district Whenever any judge of the district court is absent from the state, sick or otherwise unable to attend to the duties of his office, any other district judge shall have the same powers as the original judge, including the p…

When judge disqualified; exception. When the judge before whom probate matters are brought is interested as next of kin to the decedent, or as the legatee or devisee under the will, or has any other interest in the outcome of, or concerning the matters brought before him, he shal…

given. Presumption after ten years notices properly In any estate, wherein a decree of final settlement and distribution is or has been entered by any court of this state it shall, after ten (10) years from the date of the decree, be conclusively presumed that all notices require…

Records required to be kept; probate docket; reports to be made by commissioner. (a) The clerk of district court in each county shall maintain a system for the recording of wills and probate including: (i) Proceedings of the guardianship of infants and incompetent persons; (ii) A…

Preparation and contents of probate docket; distribution of copies; call of docket. (a) At least once every six (6) months, the clerk of the district court in each county of the state shall make a docket of all estates of deceased persons pending in his county which shall include…

Authority to approve bonds. All bonds required by this act may be approved by the clerk of the district court wherein they are required to be filed.

Contents of orders and decrees; recording. Orders and decrees of the court in probate proceedings need not recite the existence of facts or the performance of acts upon which the jurisdiction of the court or judge may depend, but need only contain the matters ordered or adjudged,…

Notice imparted from date of recording. When it is provided in this chapter that any order or decree of the court shall be recorded in the office of the county clerk, notice is imparted to all persons from the time of recording.

Citations; requirements generally; contents. (a) Citations shall be directed to the person to be cited, signed by the clerk, and issued under the seal of the court, and shall contain: (i) The title of the proceeding; (ii) A brief statement of the nature of the proceeding; and (ii…

Citations; issuance. The citation may be issued by the clerk upon the application of any party, without an order of the judge or commissioner, except in cases in which an order is expressly required by the provisions of this chapter.

Citations; service. The citation shall be served in the same manner as a summons in a civil action.

Citations; used to give personal notice. When a personal notice is required, and no mode of giving it is prescribed in this chapter, it shall be given by citation.

Citations; when to be served. When no other time is specially prescribed in this chapter, citations shall be served at least five (5) days before the return day thereof.

Provisions of Rules of Civil Procedure applicable; parties. Except as otherwise provided in the Probate Code, the provisions of the Wyoming Rules of Civil Procedure are applicable to and constitute the rules of practice for all proceedings, new trials or appeals. In all proceedin…

Trial by court or jury. If no jury is demanded, the court shall try the issues joined. If, on written demand, a jury is called for by either party in a matter triable under W.S. 2-2-308, one shall be had as in other civil cases.

Appointment of attorney for minors or nonresidents; compensation; failure to appoint of no effect. At or before the hearing of petitions and contests for the probate of wills, for letters testamentary or of administration, for sales of real estate and confirmation thereof, settle…

Payment of costs. When it is not otherwise prescribed in this chapter, the district court, or the supreme court on appeal, may order costs to be paid by any party to the proceedings, or out of the assets of the estate. Execution for the costs may issue out of the court.

to waive. Service of process on guardian; right of guardian Whenever an infant or incompetent person has a guardian of his estate residing in this state, personal service upon the guardian of any process, notice or order of the court concerning the estate of a deceased person in …

Schedule; additional charges. (a) For probate matters filed or commenced, the clerk of the district court shall collect fees as follows: (i) Original filing fee $110.00 (ii) When an inventory or appraisement is filed showing an estate or guardianship valued at five thousand dolla…

distribution. Responsibility of clerk for collection; The clerk of the district court of each county is responsible upon his bond for the collection or payment of any fees in probate matters which are to be collected by him or when the court orders fees to be paid to the clerk fo…

Allowance where not specially provided. When there are no fees specially provided for the performance of any duty under the Probate Code, reasonable fees may be ordered and allowed as the court may deem best.

Payment of court commissioner. (a) The court commissioner, in performing the duties prescribed by the Probate Code, shall receive the following fees in full payment for all services, which shall be taxed as costs against the estate: (i) For attending any matter, five dollars ($5.…

Oath. Before letters testamentary or of administration are issued, the personal representative shall take and subscribe an oath before some officer authorized to administer oaths, that he will perform according to law the duties of executor or administrator, which oath shall be a…