Law

Title 2 Wills, Decedents' Estates and Probate Code

Wyoming · 2 · statute

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Contents: 465 provisions
  1. 2-1-101. Short title.
  2. 2-1-102. Rules of construction and applicability.
  3. 2-1-103. Objections to appointments.
  4. 2-1-201. Payment of indebtedness and delivery of tangible personal property or instruments evidencing debt.
  5. 2-1-202. Effect; refusal to pay, deliver.
  6. 2-1-203. Deposits by minors or persons under a disability; joint and trust deposits; pay-on-death accounts.
  7. 2-1-204. Collection of claims of certain creditors of decedent by affidavit.
  8. 2-1-205. Summary procedure for distribution of personal or
  9. 2-1-206. Proof of publication and service; filing with clerk.
  10. 2-1-207. Missing distributees.
  11. 2-1-208. Venue generally.
  12. 2-1-209. "Distributee" defined.
  13. 2-1-301. Generally.
  14. 2-1-401. Right to disclaim.
  15. 2-1-402. Definitions.
  16. 2-1-403. Qualification; effective date.
  17. 2-1-404. Disposition of disclaimed interest.
  18. 2-1-405. Disclaimer on behalf of person under disability.
  19. 2-1-501. Disposal of controlled substances.
  20. 2-2-101. Exclusive jurisdiction conferred on district courts.
  21. 2-2-102. Venue generally.
  22. 2-2-103. Jurisdiction of estate of nonresident.
  23. 2-2-104. Court to remain open.
  24. 2-2-105. Repealed by Laws 2019, ch. 54, § 2.
  25. 2-2-106. Powers and duties of court commissioners; generally.
  26. 2-2-107. Powers and duties of court commissioners; compelling attendance of witnesses; process.
  27. 2-2-108. Powers and duties of court commissioners;
  28. 2-2-109. Authority of other judges to act when district judge sick.
  29. 2-2-110. When judge disqualified; exception.
  30. 2-2-111. Presumption after ten years notices properly given.
  31. 2-2-201. Records required to be kept; probate docket; reports to be made by commissioner.
  32. 2-2-202. Preparation and contents of probate docket; distribution of copies; call of docket.
  33. 2-2-203. Authority to approve bonds.
  34. 2-2-301. Contents of orders and decrees; recording.
  35. 2-2-302. Notice imparted from date of recording.
  36. 2-2-303. Citations; requirements generally; contents.
  37. 2-2-304. Citations; issuance.
  38. 2-2-305. Citations; service.
  39. 2-2-306. Citations; used to give personal notice.
  40. 2-2-307. Citations; when to be served.
  41. 2-2-308. Provisions of Rules of Civil Procedure applicable; parties.
  42. 2-2-309. Trial by court or jury.
  43. 2-2-310. Appointment of attorney for minors or
  44. 2-2-311. Payment of costs.
  45. 2-2-312. Service of process on guardian; right of guardian to waive.
  46. 2-2-401. Schedule; additional charges.
  47. 2-2-402. Responsibility of clerk for collection; distribution.
  48. 2-2-403. Allowance where not specially provided.
  49. 2-2-404. Payment of court commissioner.
  50. 2-3-101. Oath.
  51. 2-3-102. Bond required; sureties; form; amount; ascertaining value of property.
  52. 2-3-103. Letters and bonds to be recorded.
  53. 2-3-104. Appointment orders to state qualification time; lapses.
  54. 2-3-105. Additional bond required upon sale of real estate; when required.
  55. 2-3-106. Additional bond required upon sale of real estate; conditions.
  56. 2-3-107. Separate bond required from each personal representative.
  57. 2-3-108. Several recoveries on same bond allowed.
  58. 2-3-109. Ordering sureties to appear for property value
  59. 2-3-110. When sufficient security not given in time.
  60. 2-3-111. When no bond required; generally.
  61. 2-3-112. When no bond required; suspension of powers upon allegation of waste.
  62. 2-3-113. Requiring further security; petition.
  63. 2-3-114. Requiring further security; citation to personal representative; service.
  64. 2-3-115. Requiring further security; hearing; order therefor or new bond.
  65. 2-3-116. Requiring further security; failure to comply.
  66. 2-3-117. Ordering further security without application.
  67. 2-3-118. Relief of sureties; application; citation and service.
  68. 2-3-119. Relief of sureties; release order.
  69. 2-3-120. Relief of sureties; revocation of letters.
  70. 2-3-121. Revoking intestacy administration if will later allowed; generally.
  71. 2-3-122. Revoking intestacy administration if will later allowed; authority of personal representative.
  72. 2-3-123. Remaining personal representatives to continue if one disqualified.
  73. 2-3-124. New appointment to be made if all personal representatives die; bond; authority.
  74. 2-3-125. Resignation of personal representative;
  75. 2-3-126. Acts valid until power revoked.
  76. 2-3-127. Suspension of personal representative's powers for waste; order.
  77. 2-3-128. Suspension of personal representative's powers for waste; notice to show cause.
  78. 2-3-129. Suspension of personal representative's powers for waste; hearing and determination.
  79. 2-3-130. Suspension of personal representative's powers for waste; notice by publication.
  80. 2-3-131. Suspension of personal representative's powers for waste; compelling attendance and answers.
  81. 2-3-132. Petition for revocation by prior claimant; generally.
  82. 2-3-133. Petition for revocation by prior claimant; citation to personal representative.
  83. 2-3-134. Petition for revocation by prior claimant; hearing and disposition.
  84. 2-3-135. Petition for revocation by prior claimant; prior right of surviving spouse.
  85. 2-3-136. Hearing upon affidavit of interested person; authority to order.
  86. 2-3-137. Hearing upon affidavit of interested person; citation and service thereof.
  87. 2-3-138. Hearing upon affidavit of interested person; proceedings and disposition.
  88. 2-3-201. Short title.
  89. 2-3-202. Definitions.
  90. 2-3-203. Responsibility and rights of persons dealing with fiduciaries.
  91. 2-3-204. Liability of bank; payment of checks signed by fiduciary.
  92. 2-3-205. Liability of bank; when check drawn on principal by fiduciary.
  93. 2-3-206. Liability of bank; receiving deposit from fiduciary.
  94. 2-3-207. Liability of bank; when check drawn by trustee.
  95. 2-3-208. Succession of fiduciary powers when bank consolidates with another.
  96. 2-3-209. Applicability; generally.
  97. 2-3-210. Applicability; rules of law and equity.
  98. 2-3-211. Interpretation and construction.
  99. 2-3-301. Standard for fiduciaries; authority to acquire and retain property and investments.
  100. 2-3-302. Departures from express terms of wills not
  101. 2-3-303. Authority of court to allow deviation from terms.
  102. 2-3-304. Applicability; generally.
  103. 2-3-305. Applicability; state funds excepted.
  104. 2-3-401. Short title.
  105. 2-3-402. Authority to establish; purpose.
  106. 2-3-403. Accounting.
  107. 2-3-404. Common trust fund distinct from participating fiduciaries.
  108. 2-3-405. "Affiliated" defined.
  109. 2-3-406. Exemption.
  110. 2-3-501. Authorization by court; generally.
  111. 2-3-502. Authorization by court; contents of petition; hearing; objections; terms, etc., of order.
  112. 2-3-503. Authorization by court; transfer of mineral interests; terms.
  113. 2-3-504. Authorization by court; transfer of mineral interests; prior leases validated.
  114. 2-3-601. Repealed By Laws 2001, Ch. 11, § 2.
  115. 2-3-602. Repealed By Laws 2001, Ch. 11, § 2.
  116. 2-3-603. Repealed By Laws 2001, Ch. 11, § 2.
  117. 2-3-604. Repealed By Laws 2001, Ch. 11, § 2.
  118. 2-3-605. Repealed By Laws 2001, Ch. 11, § 2.
  119. 2-3-606. Repealed By Laws 2001, Ch. 11, § 2.
  120. 2-3-607. Repealed By Laws 2001, Ch. 11, § 2.
  121. 2-3-608. Repealed By Laws 2001, Ch. 11, § 2.
  122. 2-3-609. Repealed By Laws 2001, Ch. 11, §2.
  123. 2-3-610. Repealed By Laws 2001, Ch. 11, § 2.
  124. 2-3-611. Repealed By Laws 2001, Ch. 11, § 2.
  125. 2-3-612. Repealed By Laws 2001, Ch. 11, § 2.
  126. 2-3-613. Repealed By Laws 2001, Ch. 11, § 2.
  127. 2-3-614. Repealed By Laws 2001, Ch. 11, § 2.
  128. 2-3-701. Repealed By Laws 1996, ch. 65, § 4.
  129. 2-3-702. Repealed By Laws 1996, ch. 65, § 4.
  130. 2-3-703. Repealed By Laws 1996, ch. 65, § 4.
  131. 2-3-704. Repealed By Laws 1996, ch. 65, § 4.
  132. 2-3-705. Repealed By Laws 1996, ch. 65, § 4.
  133. 2-3-706. Repealed By Laws 1996, ch. 65, § 4.
  134. 2-3-707. Repealed By Laws 1996, ch. 65, § 4.
  135. 2-3-708. Repealed By Laws 1996, ch. 65, § 4.
  136. 2-3-709. Repealed By Laws 1996, ch. 65, § 4.
  137. 2-3-710. Repealed By Laws 1996, ch. 65, § 4.
  138. 2-3-711. Repealed By Laws 1996, ch. 65, § 4.
  139. 2-3-801. Short title.
  140. 2-3-802. Definitions.
  141. 2-3-803. Fiduciary duties; general principles.
  142. 2-3-804. Trustee's power to adjust; liability of trustee.
  143. 2-3-805. Notice of proposed action; objections of beneficiary; liability of trustee; proceedings.
  144. 2-3-806. Determination and distribution of net income.
  145. 2-3-807. Distribution to residuary and remainder beneficiaries.
  146. 2-3-808. When right to income begins and ends.
  147. 2-3-809. Apportionment of receipts and disbursements when decedent dies or income interest begins.
  148. 2-3-810. Apportionment when income interest ends.
  149. 2-3-811. Character of receipts.
  150. 2-3-812. Distribution from trust or estate.
  151. 2-3-813. Business and other activities conducted by trustee.
  152. 2-3-814. Principal receipts.
  153. 2-3-815. Rental property.
  154. 2-3-816. Obligation to pay money.
  155. 2-3-817. Insurance policies and similar contracts.
  156. 2-3-818. Insubstantial allocation not required.
  157. 2-3-819. Deferred compensation, annuities and similar payments.
  158. 2-3-820. Liquidating asset.
  159. 2-3-821. Minerals, water and other natural resources.
  160. 2-3-822. Timber.
  161. 2-3-823. Property not productive of income.
  162. 2-3-824. Derivatives and options.
  163. 2-3-825. Asset-backed securities.
  164. 2-3-826. Disbursements from income.
  165. 2-3-827. Disbursements from principal.
  166. 2-3-828. Transfers from income to principal for depreciation.
  167. 2-3-829. Transfers from income to reimburse principal.
  168. 2-3-830. Income taxes.
  169. 2-3-831. Adjustments between principal and income.
  170. 2-3-832. Judicial control of discretionary powers.
  171. 2-3-833. Uniformity of application and construction.
  172. 2-3-834. Application of act to trusts and estates; principal place of administration.
  173. 2-3-835. Trustee discretion to include capital gains in income.
  174. 2-3-901. Short title.
  175. 2-3-902. Definitions.
  176. 2-3-903. Unitrust election by trustee; requirements to make unitrust election.
  177. 2-3-904. Unitrust election where there is no trustee other
  178. 2-3-905. Unitrust election by beneficiary; ability to request trustee action.
  179. 2-3-906. Settlor created unitrust.
  180. 2-3-907. Valuations.
  181. 2-3-908. Unitrust percentages.
  182. 2-3-909. Treatment and allocation of income.
  183. 2-3-910. Administration.
  184. 2-3-911. Treatment of underpayments or overpayments.
  185. 2-3-912. Effect of conversion on governing instrument.
  186. 2-3-913. Situs.
  187. 2-3-914. Trustee's liability.
  188. 2-3-915. Judicial control of discretionary powers.
  189. 2-3-916. Limitation of election.
  190. 2-3-917. Application.
  191. 2-3-1001. Uniform Fiduciary Access to Digital Assets Act; short title.
  192. 2-3-1002. Definitions.
  193. 2-3-1003. Applicability.
  194. 2-3-1004. User direction for disclosure of digital assets.
  195. 2-3-1005. Terms of service agreement.
  196. 2-3-1006. Procedure for disclosing digital assets.
  197. 2-3-1007. Disclosure of the content of electronic communications of a deceased user.
  198. 2-3-1008. Disclosure of other digital assets of a deceased user.
  199. 2-3-1009. Disclosure of content of electronic communications of a principal.
  200. 2-3-1010. Disclosure of other digital assets of a principal.
  201. 2-3-1011. Disclosure of digital assets held in trust when trustee is original user.
  202. 2-3-1012. Disclosure of the content of electronic
  203. 2-3-1013. Disclosure of other digital assets held in trust when trustee not original user.
  204. 2-3-1014. Disclosure of digital assets to conservator of a ward.
  205. 2-3-1015. Fiduciary duty and authority.
  206. 2-3-1016. Custodian compliance and immunity.
  207. 2-3-1017. Relation to Electronic Signatures in Global and National Commerce Act.
  208. 2-4-101. Rule of descent; generally; dower and curtesy abolished.
  209. 2-4-102. Repealed by Laws 2019, ch. 125, § 2.
  210. 2-4-103. Posthumous persons.
  211. 2-4-104. Kindred of half blood; stepchildren; foster children.
  212. 2-4-105. Alienage not to affect inheritance; exception; burden of proof; when property to escheat to state.
  213. 2-4-106. Divorce not to affect children's rights.
  214. 2-4-107. Determination of relationship of parent and child.
  215. 2-4-108. Advancements generally; exceptions; determination.
  216. 2-4-201. Persons entitled to administer.
  217. 2-4-202. Appointment of administrator(s).
  218. 2-4-203. Persons incompetent to administer.
  219. 2-4-204. Married woman may be administratrix.
  220. 2-4-205. Petition for letters of administration; contents; effect of want of jurisdictional averments.
  221. 2-4-206. Contest of petition; assertion of own rights to administer.
  222. 2-4-207. Hearing of contest; issuance of letters.
  223. 2-4-208. When letters granted.
  224. 2-4-209. Letters granted to any applicant if not contested.
  225. 2-4-210. Letters granted on request of person entitled.
  226. 2-4-211. Creditors; right to apply for letters.
  227. 2-4-212. Creditors; when claims barred; effect on liens.
  228. 2-4-213. Transcript of court minutes to be evidence of appointment.
  229. 2-4-214. Form of letters of administration .
  230. 2-5-101. Elective share of property.
  231. 2-5-102. Waiver of right of election and homestead allowance.
  232. 2-5-103. Homestead allowance, exempt property and family allowance; exception.
  233. 2-5-104. Duty of court to advise as to right of election.
  234. 2-5-105. Time limit and procedure for elective share.
  235. 2-6-101. Right to make and dispose; exception.
  236. 2-6-102. All property deemed passed; "property" defined.
  237. 2-6-103. Property passed may be governed by trust instrument.
  238. 2-6-104. Law governing meaning and effect.
  239. 2-6-105. Rules of construction and intention.
  240. 2-6-106. Antilapse; deceased devisees; class gifts.
  241. 2-6-107. Failure of a testamentary provision.
  242. 2-6-108. Specific devise of securities; accessions; nonademption.
  243. 2-6-109. Nonademption of specific devises where sold by conservator; exception; rights of specific devisee.
  244. 2-6-110. Exercise of power of appointment.
  245. 2-6-111. Nonexoneration.
  246. 2-6-112. Will to be in writing; number and competency of
  247. 2-6-113. Holographic will.
  248. 2-6-114. Self-proving wills.
  249. 2-6-115. Who may witness.
  250. 2-6-116. Validity of execution.
  251. 2-6-117. Revocation by writing or by act.
  252. 2-6-118. Repealed by Laws 2023, ch. 140, § 2.
  253. 2-6-119. Duty of custodian to deliver will; failure to comply; order to third persons.
  254. 2-6-120. Notification of executor; disposition where no petition filed.
  255. 2-6-121. Petition and procedure for filing of will without probate or administration.
  256. 2-6-122. Petition and procedure for filing and probate of will without administration.
  257. 2-6-123. Filing of will, with or without probate not to bar collection by affidavit.
  258. 2-6-124. Written statement referred to in will disposing of certain personal property.
  259. 2-6-125. Revocation of probate and nonprobate transfers by
  260. 2-6-201. Contents of petition; defect in jurisdictional statement inconsequential.
  261. 2-6-202. Failure of executor to petition; appointment of administrator.
  262. 2-6-203. Hearing upon petition; notice not required.
  263. 2-6-204. Proof; self-proving will.
  264. 2-6-205. Proof; wills not self-proving.
  265. 2-6-206. Proof; holographic wills.
  266. 2-6-207. Proof; lost or destroyed will; court may restrain personal representatives pending disposition.
  267. 2-6-208. Order of preference for appointment of executor.
  268. 2-6-209. Order admitting or disallowing probate; mailing of copies.
  269. 2-6-210. Form of letters testamentary.
  270. 2-6-211. Authority of executor not designated in will.
  271. 2-6-301. Filing and contents of petition to revoke.
  272. 2-6-302. Summons and notification; proceedings governed by civil rules.
  273. 2-6-303. Annulment and revocation.
  274. 2-6-304. Cessation of executor's powers; immunity.
  275. 2-6-305. Liability for payment of contest costs.
  276. 2-6-306. When probate deemed conclusive.
  277. 2-7-101. Presumption of death; how estate handled.
  278. 2-7-102. Penalty for administering without proving will or taking letters of administration.
  279. 2-7-103. Personal representative to take possession of estate.
  280. 2-7-104. Actions maintainable by or against personal representatives; right generally.
  281. 2-7-105. Actions maintainable by or against personal representatives; actions for waste by representatives.
  282. 2-7-106. Actions maintainable by or against personal
  283. 2-7-107. Disposition of partnership business.
  284. 2-7-108. Actions on bond of former representatives.
  285. 2-7-109. Compromise of claims; owed to estate.
  286. 2-7-110. Compromise of claims; against estate.
  287. 2-7-201. Admission of will or estate to probate and appointment of personal representative; contents; form.
  288. 2-7-202. Public auction of real or personal property; contents.
  289. 2-7-203. Order to show cause for setting off exempt property; form.
  290. 2-7-204. Final account and petition for distribution; form.
  291. 2-7-205. Parties entitled to receive.
  292. 2-7-206. Proof by affidavit; filing thereof.
  293. 2-7-301. Appointment of special administrator; when to be made.
  294. 2-7-302. Appointment of special administrator; entry of order and issuance of letters.
  295. 2-7-303. Appointment of special administrator; preferences; appeal precluded.
  296. 2-7-304. Special administrator; surety and oath.
  297. 2-7-305. Special administrator; powers and duties; no liability to creditors.
  298. 2-7-306. Special administrator; cessation of powers.
  299. 2-7-307. Special administrator; rendition of account.
  300. 2-7-401. Personal representative entitled to possession of
  301. 2-7-402. Title to decedent's property; subject to administration and payment of debts; priorities.
  302. 2-7-403. Return of inventory of estate by representative; failure to comply; disposition of fines.
  303. 2-7-404. Report of appraisal; verification of values of estate assets.
  304. 2-7-405. Repealed by Laws 1985, ch. 15, § 2.
  305. 2-7-406. Repealed by Laws 1985, ch. 15, § 2.
  306. 2-7-407. Effect of naming debtor as personal representative.
  307. 2-7-408. Discharge or bequest of debt or demand not valid against creditors.
  308. 2-7-409. Failure to file inventory or appraisement.
  309. 2-7-410. Appraisement of after-discovered property; filing; enforcement.
  310. 2-7-411. Liability for embezzlement or alienation of monies before letters granted.
  311. 2-7-412. Citation to persons suspected of having concealed monies; generally.
  312. 2-7-413. Citation to persons suspected of having concealed
  313. 2-7-414. Citation of persons entrusted with monies for accounting.
  314. 2-7-501. Right to homestead and support; "homestead" defined.
  315. 2-7-502. Extra allowance for maintenance of family.
  316. 2-7-503. Preference and payment of allowances; exceptions.
  317. 2-7-504. Absolute property of surviving spouse and minor children; exceptions; renouncement of will of no effect.
  318. 2-7-505. Procedure for setting off exempt property.
  319. 2-7-506. Homestead to be set apart by court; payment of liens or encumbrances.
  320. 2-7-507. Duty of appraisers to appraise and divide homestead.
  321. 2-7-508. Amount of homestead exemption.
  322. 2-7-509. Costs of proceedings; homestead exempt from claims against estate.
  323. 2-7-601. When conveyance required; generally.
  324. 2-7-602. When conveyance required; time and place for hearing; notice.
  325. 2-7-603. When conveyance required; hearing.
  326. 2-7-604. When conveyance required; order for conveyance; journal entry.
  327. 2-7-605. When conveyance required; execution.
  328. 2-7-606. When conveyance required; dismissal of petition; specific performance.
  329. 2-7-607. When conveyance required; title to pass.
  330. 2-7-608. When conveyance required; right of successor to enforce.
  331. 2-7-609. When power given in will.
  332. 2-7-610. Equitable conversion; effect thereof.
  333. 2-7-611. When real property deemed personalty; when personalty deemed real property.
  334. 2-7-612. Purposes for which realty or personalty may be sold; exempt personal property and homestead.
  335. 2-7-613. Sale of personalty without court order.
  336. 2-7-614. Petition to sell; generally.
  337. 2-7-615. Petition to sell; notice and hearing; exception; court order.
  338. 2-7-616. Sale subject to mortgage.
  339. 2-7-617. Extension of credit in sales.
  340. 2-7-618. Purchase by holder of lien.
  341. 2-7-619. Bond to prevent sale; liability for breach; effect of compliance.
  342. 2-7-620. Collateral attacks precluded.
  343. 2-7-621. Order for sale, generally.
  344. 2-7-622. Notice of auction required.
  345. 2-7-623. Adjournment of sale.
  346. 2-7-624. Verified report required; confirmation of sale, by court; hearing may be ordered.
  347. 2-7-625. Joining report with petition.
  348. 2-7-626. Recording.
  349. 2-7-627. Optional procedure.
  350. 2-7-701. Debts and charges; classification.
  351. 2-7-702. Debts and charges; order of payment.
  352. 2-7-703. Filing required; failure to do so constitutes bar; exceptions.
  353. 2-7-704. Affidavit and other required supporting documentation.
  354. 2-7-705. Future, contingent and unliquidated claims.
  355. 2-7-706. Claim based on cause of action surviving decedent's death.
  356. 2-7-707. Repayment of public assistance.
  357. 2-7-708. Personal claims of personal representatives.
  358. 2-7-709. Actions pending against decedent at time of death.
  359. 2-7-710. Judgments rendered against decedent before death; execution thereon limited.
  360. 2-7-711. Judgments rendered against decedent after death.
  361. 2-7-712. Allowance and rejection of claims.
  362. 2-7-713. Claims allowed in part.
  363. 2-7-714. Claims barred by statute of limitations precluded.
  364. 2-7-715. Adjudication of propriety in handling claims prior to final report.
  365. 2-7-716. Stay of probate proceedings pending final disposition of claims and litigation.
  366. 2-7-717. Action precluded until claim rejected; exception.
  367. 2-7-718. Action on rejected claim; limitations.
  368. 2-7-719. Certified copy of judgments to be filed; effect thereof.
  369. 2-7-720. Short title; citation.
  370. 2-7-721. Application of act.
  371. 2-7-722. Presumptions as to applicability of act.
  372. 2-7-723. Distribution of property upon death of a married person.
  373. 2-7-724. Claim to community property; perfection of title in surviving spouse.
  374. 2-7-725. Claim to community property; perfection of title to decedent's interest in community property.
  375. 2-7-726. Rights of a purchaser for value; duty to inquire; rights to proceeds from sale or security interest.
  376. 2-7-727. Rights of creditors not affected.
  377. 2-7-728. Rights of spouses to alter interests in community property.
  378. 2-7-729. Testamentary disposition limited.
  379. 2-7-801. Declaration of policy; clerk to maintain
  380. 2-7-802. Expenses of administration; standard; how paid.
  381. 2-7-803. Fees of personal representative; schedule.
  382. 2-7-804. Fees of attorney for estate; schedule.
  383. 2-7-805. Allowance and payment of personal representative's fees and attorney fees; limitations.
  384. 2-7-806. Verified interim report and accounting.
  385. 2-7-807. Distribution before final settlement; notice; hearing; costs.
  386. 2-7-808. Order of abatement.
  387. 2-7-809. Contribution among legatees.
  388. 2-7-810. Federal capital gains tax; minimum preference tax; apportionment.
  389. 2-7-811. Final report and accounting and petition for distribution; contents; notice and hearing thereon.
  390. 2-7-812. Payment of all taxes prerequisite; filing of documents.
  391. 2-7-813. Final decree of distribution.
  392. 2-7-814. Discharge of personal representative.
  393. 2-7-815. Closing of estates.
  394. 2-8-101. After-discovered property or correction of property description.
  395. 2-8-102. Contents of petition; notice of hearing.
  396. 2-8-103. Proceedings upon hearing; supplemental orders or decrees.
  397. 2-9-101. Petition to establish rights upon death of owner
  398. 2-9-102. Affidavit of survivorship; recordation; copy of death certificate to be attached.
  399. 2-9-103. Affidavit of survivorship; prima facie evidence; procedure deemed independent.
  400. 2-9-201. Application by petition two years after death; where filed.
  401. 2-9-202. Application by petition two years after death; fixing time for hearing; notice thereof; contents.
  402. 2-9-203. Application by petition two years after death; hearing; determination and decree.
  403. 2-9-204. Procedure when applicant for public land dies and patent issued to heirs.
  404. 2-10-101. Short title.
  405. 2-10-102. Definitions.
  406. 2-10-103. Among all persons interested in estate; exception.
  407. 2-10-104. Probate court to determine; discretion allowed; presumption of correctness.
  408. 2-10-105. Withholding upon distribution of estate; right
  409. 2-10-106. Allowances for exemptions or deductions and credits.
  410. 2-10-107. Charging temporary interest and remainder.
  411. 2-10-108. Institution of actions or proceedings to recover tax; generally; apportionment of amounts not collected.
  412. 2-10-109. Institution of actions or proceedings to recover tax; actions by nonresidents.
  413. 2-10-110. Interpretation and construction.
  414. 2-11-101. Short title and construction.
  415. 2-11-102. Where allowed and recorded.
  416. 2-11-103. When to be filed.
  417. 2-11-104. Admission to probate; effect.
  418. 2-11-105. Procedure when foreign law does not require probate; filing, recording and effect.
  419. 2-11-201. Probate of estates of nonresidents.
  420. 2-11-202. Nonresident property in Wyoming; disposition.
  421. 2-11-301. Naming of executors and trustees; generally;
  422. 2-11-302. Naming of executors and trustees; powers; generally.
  423. 2-11-303. Naming of executors and trustees; limitations.
  424. 2-12-101. Filing of petition; information to be shown; appointing day for hearing.
  425. 2-12-102. Publication of notice of hearing; service on persons named in petition.
  426. 2-12-103. Hearing on petition; appointment of trustee.
  427. 2-12-104. Preference in appointing trustee.
  428. 2-12-105. Bond of trustee.
  429. 2-12-106. Trustee to take possession of property; powers and duties generally; removal of trustee; sale of property.
  430. 2-13-101. Short title.
  431. 2-13-102. Applicability of provisions.
  432. 2-13-103. Disposition of property based on presumption of survivorship.
  433. 2-13-104. Beneficiaries.
  434. 2-13-105. Joint tenants or tenants by the entirety.
  435. 2-13-106. Life or accident insurance proceeds.
  436. 2-13-107. Construction and interpretation.
  437. 2-14-101. Taking of life precludes one from inheritance,
  438. 2-14-201. Renumbered by Laws 1982, ch. 54, § 7.
  439. 2-14-202. Renumbered by Laws 1982, ch. 54, § 7.
  440. 2-15-101. Court may appoint agent to care for property.
  441. 2-15-102. Bond of agent; compensation.
  442. 2-15-103. Locating person entitled; proceedings if unable.
  443. 2-15-104. Disposition of unclaimed property.
  444. 2-15-105. Agent to render annual account; information to be shown; hearing; court may order sale of property.
  445. 2-15-106. Liability of agent.
  446. 2-15-107. Repealed by Laws 1993, ch. 213, § 3.
  447. 2-16-101. Short title; rules of construction.
  448. 2-16-102. Definitions.
  449. 2-16-103. Registration in beneficiary form; sole or joint tenancy ownership.
  450. 2-16-104. Registration in beneficiary form; applicable law.
  451. 2-16-105. Origination of registration in beneficiary form.
  452. 2-16-106. Form of registration in beneficiary form.
  453. 2-16-107. Effect of registration in beneficiary form.
  454. 2-16-108. Ownership on death of owner.
  455. 2-16-109. Protection of registering entity.
  456. 2-16-110. Nontestamentary transfer on death.
  457. 2-16-111. Terms, conditions and forms for registration.
  458. 2-16-112. Application of act.
  459. 2-17-101. Authority to authorize burial or cremation;
  460. 2-18-101. Short title.
  461. 2-18-102. Definitions.
  462. 2-18-103. Transfer on death deed.
  463. 2-18-104. Form of transfer on death deed.
  464. 2-18-105. Form for revoking a transfer on death deed.
  465. 2-18-106. Disclaimer.

Proposed changes to this act

No one has proposed a change to this act yet.

465 provisions

2-1-101. Short title.

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

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2-1-102. 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 persons; (ii) Discover and make effective the intent of a decedent in distribution of his property; (iii) Promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to his successors; (iv) Facilitate use and enforcement of certain trusts. (b) Unless displaced by the particular provisions of this code, the principles of law and equity supplement the code provisions. (c) This code is a general act intended as a unified coverage of its subject matter and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided. (d) The procedure herein prescribed shall govern all proceedings in probate brought after the effective date of this code. It shall also govern further procedure in proceedings in probate then pending unless the court determines its application in particular proceedings or parts thereof is not feasible or will work an injustice, in which event the former procedure shall apply.

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2-1-103. 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 of any person as a personal representative, administrator, executor, trustee, conservator, fiduciary or receiver shall file the objection in the court considering the appointment no less than five (5) days prior to any hearing scheduled to consider the appointment. A court may waive this requirement upon a showing of good cause.

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2-1-201. 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 evidencing a debt, obligation, stock or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or the instrument evidencing the debt, obligation, stock or chose in action to the person or persons claiming to be the distributee or distributees of the property or the attorney for the distributee or distributees, upon being presented an affidavit, filed as provided by subsection (c) of this section, made by or on behalf of the distributee or distributees stating: (i) The value of the entire estate located in Wyoming subject to administration, either testate or intestate, less liens and encumbrances, does not exceed four hundred thousand dollars ($400,000.00); (ii) Thirty (30) days have elapsed since the death of the decedent; (iii) No application for appointment of a personal representative is pending or has been granted in any jurisdiction in this state; (iv) The person or persons claiming to be a distributee or distributees are entitled to payment or delivery of the property of the decedent; the facts concerning the distributee's or distributees' relationship to the decedent and concerning the legal basis upon which the distributee or distributees claim entitlement to such property, including facts regarding any intervening estates or other parties who may have a claim of entitlement from the decedent and from whom the applicant distributee or distributees claim and that there are no other distributees of the decedent having a right to succeed to the property under probate proceedings in any jurisdiction; and (v) If an application for appointment of a personal representative has been made in a jurisdiction outside of Wyoming: (A) The name and address of the proposed or appointed personal representative, the date of the application and the date of any appointment; and (B) The title of the proceedings and name of the court and jurisdiction in which the application was made. (b) The transfer agent for any security shall change the registered ownership on the books of a corporation from the decedent to the distributee or distributees upon presentation of an affidavit as provided in subsections (a) and (c) of this section. (c) When the affidavit is filed with the county clerk and a certified copy is presented to any person with custody of the decedent's property or a holder of the decedent's property, the affidavit shall be honored and have the effect as provided in this section and W.S. 2-1-202. (d) The county clerk of the county in which any vehicle is registered shall transfer title of the vehicle from the decedent to the distributee or distributees upon presentation of an affidavit as provided in subsection (a) of this section. (e) Upon presentation of an affidavit as provided in this section, a person with custody of the decedent's property or a holder of the decedent's property shall pay or deliver any of the decedent's property held or on deposit in the sole name of the decedent, together with the interest and dividends thereon, to the distributee or distributees. A receipt for the payment by the distributee or distributees or proof of delivery by the custodian or holder of the decedent's property shall constitute a valid and sufficient release and discharge for the payment or delivery made.

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2-1-202. 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 extent as if he dealt with a personal representative of the decedent; and (ii) Is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit. (b) If any person having custody of the decedent's property or a holder of decedent's property to whom an affidavit is delivered refuses to pay, deliver, transfer or issue any personal property or evidence thereof, the property may be recovered or its payment, delivery, transfer or issuance compelled upon proof of right in an action by or on behalf of the persons entitled thereto. If an action is brought under this subsection, the court shall award reasonable attorney's fees and costs of the action to the plaintiff if the court finds that the decedent's property was not paid, delivered, transferred or issued within forty-five (45) days after presentation of the affidavit under W.S. 2-1-201 unless the court finds just cause for the refusal to pay, deliver or transfer the property. (c) Any person to whom payment, delivery, transfer or issuance is made is answerable and accountable to a personal representative of the estate or to any other person having a like or superior right. (d) For purposes of this article, "holder" means any person who is in possession of property of the decedent and includes but is not limited to a security broker, security dealer, bank, savings and loan institution, credit union or any other like depository.

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2-1-203. 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) or more persons payable to either or any depositor, or to the survivor of the depositors, and interest or dividends thereon, may be paid in accordance with the contract of deposit. The receipt of the payment by the person paid is a valid and sufficient release and discharge to the financial institution for any payment made. (c) Any portion of a deposit by any person in trust for another and interest or dividends thereon, in the absence of other written notice to the financial institution of the existence and terms of a legal and valid trust, may be paid to the persons for whom the deposit was made in the event of death of the depositor. (d) Any payable on death (P.O.D.) account may be paid, on request, to any original party to the account. Payment may be made, on request, to the P.O.D. payee or in equal proportions to multiple P.O.D. payees upon presentation to the financial institution of proof of death showing that the P.O.D. payee or payees survived all persons named as original payees. Payment may be made to the personal representative or heirs of a deceased original payee if proof of death is presented to the financial institution showing that his decedent was the survivor of all other persons named on the account either as an original payee or as P.O.D. payee. The receipt of the payment by the person paid is a valid and sufficient release and discharge to the financial institution for any payment made. A person named as a payee in a P.O.D. account has no enforceable rights therein during the lifetime of the person or persons creating the account. As used in this subsection: (i) "P.O.D. account" means an account payable on request to one (1) person during his lifetime and on his death to one (1) or more P.O.D. payees, or to one (1) or more persons during their lifetimes and on the death of all of them to one (1) or more P.O.D. payees; (ii) "P.O.D. payee" means a person designated on a P.O.D. account as one to whom the account is payable on request after the death of all original payees.

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2-1-204. 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 thereof, to whom the decedent was indebted or to whom the decedent's estate would be indebted if the estate were being administered upon, may collect all of the assets of the decedent referred to in W.S. 2-1-201, upon presentation of an affidavit to the parties referred to in W.S. 2-1-201, stating: (i) The value of the entire estate, wherever located, less liens and encumbrances, does not exceed four hundred thousand dollars ($400,000.00); (ii) Ninety (90) days have elapsed since the death of the decedent; (iii) No application for appointment of a personal representative is pending or has been granted in any jurisdiction; (iv) To the best knowledge of the affiant, no affidavit pursuant to W.S. 2-1-201, in connection with the decedent, has been presented to any party referred to in W.S. 2-1-201; (v) The facts concerning the creditor's claim being made by the party on behalf of whom the affidavit is presented, the total amount of the claim, and any payments received thereon from any source whatsoever; and (vi) That by presentation of the affidavit the party on behalf of whom the affidavit is presented: (A) Waives any immunities from suit or levy of execution it might otherwise have; (B) Agrees to indemnify and hold harmless from all claims whatsoever any party delivering assets on the basis of such affidavit, to the extent of the full value of the assets so delivered; and (C) Is answerable and accountable to a personal representative of the estate, if appointed, or to any other person or party having a superior right. (b) When filed with the county clerk and a certified copy thereof is presented to a party with custody of assets, the affidavit shall be honored and shall have the effects as provided for in W.S. 2-1-201(b), (c) and (d) and 2-1-202. (c) If the total assets collected by a creditor designated in this section, by virtue of the affidavit or affidavits, exceed the net balance of the creditor's claim, then the creditor shall: (i) Pay the overplus to any other creditor who proceeds properly under this section or, if there is no such creditor; (ii) Pay the overplus to the distributees named in an affidavit prepared and presented pursuant to W.S. 2-1-201, or, if none such be presented; (iii) Obtain an order from the probate court which would have jurisdiction were the estate being administered upon, designating itself the agent pursuant to W.S. 2-15-101, and thereupon proceed as provided in Chapter 15 of the Wyoming Probate Code.

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2-1-205. 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 entire estate including personal property does not exceed four hundred thousand dollars ($400,000.00), less liens and encumbrances, the person or persons claiming to be the distributee or distributees of the decedent may file, not earlier than thirty (30) days after the decedent's death, an application for a decree of summary distribution of property. (b) The application shall be sworn to and signed by any person claiming to be a distributee and shall state the facts required by W.S. 2-1-201(a)(i) through (v). The application shall also fully describe any real property, including any mineral interests, being claimed. (c) The application shall have attached thereto a sworn report of value which may be based upon a broker's price opinion as defined by W.S. 33-28-102(b)(lxii), made by a person who has no legal interest in the estate, showing the value on the date of the decedent's death of all interests owned by the decedent in real property located in Wyoming, including mineral interests. (d) Subject to subsection (j) of this section, a notice of application for a decree of summary distribution of property shall be published once a week for two (2) consecutive weeks in a newspaper of general circulation in the county in which the application was filed. The notice of application shall be served by first class mail to the last known address, with copy of application attached, to the surviving spouse of the decedent, if any, and to all other distributees, so far as known, or to their guardians if any of them are minors, or to their personal representatives if any of them are deceased and to any reasonably ascertainable creditors not later than ten (10) days after the date of first publication. (e) If the decedent received medical assistance pursuant to W.S. 42-4-101 through 42-4-114, the state department of health shall be provided a copy of the application for a decree within ten (10) days after the date of first publication. (f) An objection to an application shall be filed before the expiration of the later of twenty (20) days after the mailing required by subsection (d) of this section or thirty (30) days after the date of first publication. An untimely objection is forever barred. If no timely objection is filed, the court shall enter a decree establishing the right and title to the property located in Wyoming. A certified copy of the decree shall be recorded in the office of the county clerk of each county in which the real property, including mineral interests, is located. Upon recording of the decree, the decree and the record thereof shall be presumptive evidence of title to the property. If an objection to the application is filed within the time provided in this subsection, the court shall set the matter for a hearing, after which the court shall enter an order either denying or granting the application. (g) In the event that the decree is entered as the result of an application containing a materially false statement, title to the property which passes as a result of the decree shall not be affected but the person or persons signing as distributee or distributees and knowingly swearing to a materially false statement in the application shall be subject to the appropriate penalties for perjury. Any distributee who is damaged by an application containing a material false statement may file an action to amend the decree, and for damages. The action shall be filed in the court in which the application was filed. Any action under this paragraph is barred unless commenced within two (2) years from the entry of the decree. (h) The procedure provided by this section may be used in addition to the affidavit procedure provided by W.S. 2-1-201. (j) Notice to the agent or attorney of any party entitled to notice under this section is notice to that party. (k) Distributions of property under this article to a person who claims title to the decedent's property through intervening estates is authorized if the person is a distributee as defined in W.S. 2-1-209. (m) A distributee who has satisfied the requirements of this section and W.S. 2-1-201 is entitled to a decree of summary distribution and no further action under this title is required.

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2-1-206. Proof of publication and service; filing with clerk.

(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 attorney and shall state the name and address of the person served and the manner of service. (c) The affidavit for proof of publication and the proof of service shall be filed with the clerk of court prior to the court taking action on the application. (d) Proof of service by a distributee shall be signed under penalty of perjury.

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2-1-207. 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 decedent in the property described in the application. If all distributees are not located, the distributee or distributees filing the application shall advise the court of the efforts made to locate missing distributees. "Missing distributees" means distributees who were identified pursuant to this subsection but who could not be located. If a distributee cannot be located, the court shall grant the application as follows: (i) In the case of an interest in real property, the interest shall be set over to the missing distributee or distributees if known; and (ii) In the case of all other interests, the court may direct that the share of the missing distributee or distributees be paid to the state treasurer under the Uniform Unclaimed Property Act, W.S. 34-24-101 through 34-24-140. (b) The person or persons claiming to be a distributee or distributees of the decedent who filed the application shall report to the court upon payment of the share of the missing distributee or distributees. (c) The court may order the missing distributee's or distributees' share to be liquidated for value.

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2-1-208. 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 time of his death, in a county in which any part of the estate is located.

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2-1-209. "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, beneficiaries, successors or assigns; or (iv) Through an established record of ownership.

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2-1-301. 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 word "devise" when used as a verb; (iii) "Bequest" includes the word "devise" when used as a noun; (iv) "Charges" include costs of administration, funeral expenses, cost of monument and federal and state estate taxes; (v) "Child" includes an adopted child but does not include a grandchild or other more remote descendent; (vi) "Clerk" means clerk of the district court in the county in which the matter is pending and includes the term clerk of the probate court; (vii) "Conservator" means a person appointed by the court to have the custody and control of the property of a ward under the provisions of this code; (viii) "Costs of administration" include court costs, fiduciary's fees, attorney fees, all appraisers' fees, premiums on corporate surety bonds, cost of continuation of abstracts of title, recording fees, transfer fees, agents' fees allowed by order of court, and all other fees and expenses allowed by order of court in connection with the administration of the estate; (ix) "Debts" include liabilities of the decedent which survive, whether arising in contract, tort or otherwise; (x) "Devise" when used as a noun, means the testamentary disposition of property, both real and personal; (xi) "Devise" when used as a verb, means to dispose of property, both real and personal, by a will; (xii) "Devisee" includes legatee; (xiii) "Distributee" means a person entitled to any property of the decedent under his will or under the statutes of intestate succession; (xiv) "Estate" means the real and personal property of a decedent, a ward or a trust, as from time to time changed in form by sale, reinvestment or otherwise, and augmented by any accretions, additions or substitutions, or diminished by any decreases and distributions therefrom; (xv) "Executor" means any person appointed by the court to administer the estate of a testate decedent; (xvi) "Fiduciary" means a personal representative, executor, administrator, guardian, conservator or trustee; (xvii) "Full age" means the state of legal majority having attained the age of eighteen (18) years; (xviii) "Guardian" means the person appointed by the court to have custody of the person of the ward under the provisions of this code; (xix) "Guardian of the property" means "conservator" and may be used at the election of the person appointed by the court to have the custody and care of the property of a ward; (xx) "Heir" means any person except the surviving spouse, who is entitled to property of a decedent under the statutes of intestate succession; (xxi) "Incompetent" includes any person who has been adjudicated by a court to be incapable of managing his property, or caring for his own person, or both; (xxii) "Issue" for the purposes of intestate succession, includes all lawful lineal descendents of a person, whether natural or adopted, except those who are the lineal descendents of his living descendents; (xxiii) "Legacy" means a testamentary disposition of personal property; (xxiv) "Legatee" means a person entitled to personal property under a will; (xxv) "Letters" include letters testamentary, letters of administration, letters of guardianship, letters of conservatorship and letters of trusteeship; (xxvi) "Minor" means a person who has not attained the age of eighteen (18) years; (xxvii) "Person" includes natural persons and corporations; (xxviii) "Personal representative" includes executor and administrator; (xxix) "Property" includes both real and personal property; (xxx) "Surviving spouse" means the surviving wife or husband, as the case may be; (xxxi) "Temporary administrator" means any person appointed by the court to care for an estate pending the probating of a proposed will, or to handle any special matters designated by the court; (xxxii) "Trustee" means any person appointed as trustee by the instrument creating the trust, or any person appointed by the court to administer the trust; (xxxiii) "Trusts" include only testamentary trusts; express trusts where jurisdiction is specifically conferred on the court by the trust instrument; express trusts where the jurisdiction of the court is invoked by the trustee, beneficiary or any interested party; and trusts which are established by a judgment or a decree of court which results in administration of the trust by the court; (xxxiv) "Will" includes a codicil, a testamentary instrument that merely appoints an executor, or a testamentary instrument that merely revokes or revives another will.

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2-1-401. 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 extent a fiduciary's right to disclaim is expressly restricted or limited by another statute of this state or by the instrument creating the fiduciary relationship, a fiduciary 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, whether acting in a personal or representative capacity. A fiduciary acting under a power of attorney shall have the right to disclaim an interest in property if expressly authorized to disclaim the interest under the terms of the instrument creating the power of attorney.

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2-1-402. Definitions.

(a) 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 property; (iii) "Fiduciary" means a personal representative, trustee, agent acting under a power of attorney or other person authorized to act as a fiduciary with respect to the property of another person.

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2-1-403. Qualification; effective date.

(a) 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 or the holder of the legal title to the property to which the interest relates within nine (9) months after the later of: (A) The day on which the transfer creating the interest in the person is made; or (B) The day on which the person attains age twenty-one (21); and (iii) The disclaimant has not accepted the interest or any of its benefits; and (iv) As a result of a refusal under this subsection, the interest passes without any direction on the part of the person making the disclaimer and passes either: (A) To the spouse of the decedent; or (B) To a person other than the person making the disclaimer. (b) A written transfer of the transferor's entire interest in the property shall be treated as a qualified disclaimer if the written transfer: (i) Meets requirements similar to the requirements of paragraphs (a)(ii) and (iii) of this section; and (ii) Is to a person who would have received the property if the transferor had made a qualified disclaimer within the meaning of subsection (a) of this section. (c) Nothing in this section shall be construed to prevent the disclaimant from benefits as an income beneficiary of any trust established by the transferor's will. (d) A written irrevocable disclaimer of an interest in property that does not otherwise qualify as a qualified disclaimer under subsection (a) or (b) of this section shall be effective to terminate and pass an interest in property if the disclaiming party acknowledges in a prior or contemporaneous writing that the disclaimer does not qualify as a disclaimer for federal or other tax purposes under this section.

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2-1-404. 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 transferor's will if he died prior to the disclaimer. If the disclaimant is a residuary beneficiary under the will the interest disclaimed passes as though the disclaimant did not survive the transferor. (b) If the transferor died intestate prior to the disclaimer, the interest disclaimed passes under the laws of descent and distribution as though the disclaimant did not survive the transferor. (c) If the interest disclaimed would have passed by right of survivorship, the interest shall pass as though the disclaimant was not a survivor.

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2-1-405. 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 jurisdiction over the guardianship that the disclaimer is in the best interests of the ward. A guardian of the property may be appointed by the court for the sole purpose of filing with the court an application for approval of a disclaimer.

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2-1-501. 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.

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2-2-101. Exclusive jurisdiction conferred on district courts.

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 and distribution of decedents' estates. The court granting the letters has exclusive jurisdiction of all matters touching the settlement and distribution of the estates for which letters have been granted. The jurisdiction over subject matter of the district court sitting in probate, sometimes referred to in this Title 2 as the "probate court", is coextensive with the jurisdiction over subject matter of the district court in any civil action. A decree of distribution entered by the district court in probate, pursuant to W.S. 2-7-807 or 2-7-813, shall be a final determination of title as to assets described therein, as to all distributees served with notice, or who have waived notice, of the hearing provided for in W.S. 2-7-807 or 2-7-811, as the case may be. As to all other parties, an action may be brought and maintained at any time prior to the entry of final decree of distribution under W.S. 2-7-813, by or against the personal representative in the district court, sitting in probate, seeking any legal or equitable remedy as to any interest in property, real or personal, in which the estate asserts or claims any interest. In addition, all causes cognizable in the district court in any civil action may be brought and maintained, at any time prior to the entry of final decree of distribution under W.S. 2-7-813, by or against a personal representative in the district court sitting in probate which granted the letters to the personal representative.

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2-2-102. 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 therein, if the decedent was not a resident of the state at the time of his death; (iii) In the county in which any part of the estate may be, if the decedent died out of the state and was not resident thereof at the time of his death; (iv) In the county in which any part of the estate may be, if the decedent was not a resident of the state and did not leave estate in the county in which he died; (v) In all other cases, in the county in which the decedent died, and application for letters is made.

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2-2-103. 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 the county where he died, the district court of that county in which application is first made for letters testamentary or of administration has exclusive jurisdiction of the settlement of the estate.

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2-2-104. 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 Code, the court shall operate under the same term of court as specified in W.S. 5-3-101(b).

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2-2-105. Repealed by Laws 2019, ch. 54, § 2.

Repealed by Laws 2019, ch. 54, § 2.

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2-2-106. Powers and duties of court commissioners; generally.

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 sufficiency, and may approve the same. He may examine any inventory, sale bill, account current, except final accounts and vouchers filed therewith, or examine into the condition of an estate generally. Upon a specific order of the court, the commissioner may make orders for the sale of personal property at public or private auction, for the compounding of debts, for the settlement of an estate as insolvent, for the approval of bonds and all other orders of an ex parte nature as may facilitate the settlement of estates. The orders shall be in writing, signed by the judge or commissioner issuing the same, and shall be filed and recorded.

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2-2-107. 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 for the production of books, papers, monies or other things pertinent to the matter to be heard.

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2-2-108. 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. The commissioner shall report his findings upon the matter in writing, to the court for its action. Exception may be filed to the report which shall be heard and determined as in other cases.

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2-2-109. Authority of other judges to act when district judge sick.

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 power to examine into all matters, make all orders and direct the affairs of the administration of estates.

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2-2-110. 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 shall call in some other district judge to hear and determine all such matters. Being a witness to a will does not itself disqualify a district judge, after the will has been probated, from hearing any matters concerning the will or the estate being probated except matters relating to the admission of the will to probate and contests thereon, and the granting of letters testamentary or of administration thereunder.

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2-2-111. Presumption after ten years notices properly given.

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 required by law have been made and for the times and in the manner required by law.

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2-2-201. 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) All letters testamentary and of administration; (iii) All inventories and records of sales of personal estate; (iv) A general entry, claim and allowance docket. (b) The clerk of district court shall maintain a system for the recording of each decedent's estate including all proceedings concerning the probate of each will, the entry of the inventory appraisement, all claims allowed, including costs of the final distribution of the estate, and the final settlement of the estate. (c) The clerk of court shall prepare for the use of the court a probate docket containing: (i) All appointments made; (ii) All pending petitions for the sale of real estate, including the parties thereto; (iii) All pending petitions for the release of sureties; (iv) All pending petitions for the removal of personal representatives. (d) The court commissioner is bound to furnish: (i) The record of all reports and accounts filed; (ii) All claims against the estate pending for trial; (iii) All delinquencies of personal representatives to discharge any duty in the manner or within the time required by law or order of the court.

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2-2-202. 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: (i) Title of the estate; (ii) Date of letters testamentary or letters of administration; (iii) Name or names of the executors or administrators; and (iv) The names of the attorneys of record. (b) As soon as the docket is made, one (1) copy shall be furnished to the judge of the district court of his county and one (1) copy shall be furnished upon request to each attorney of record in the estates. (c) The judge of the district court in each county shall, at least once every six (6) months, read the probate docket in open court and shall make an order in each estate as he deems necessary to expedite the progress and closing thereof.

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2-2-203. 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.

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2-2-301. 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, except as otherwise provided in this chapter. All orders, judgments and decrees of the court shall be entered at length in the proper journal of the court. When a judgment or decree is made setting apart a homestead, confirming a sale, making a distribution of real property, or determining any other matter affecting the title to real property, a certified copy shall be recorded in the office of the county clerk of the county in which the property is situated.

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2-2-302. 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.

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2-2-303. 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 (iii) A direction that the person cited appear at a time and place specified.

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2-2-304. 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.

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2-2-305. Citations; service.

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

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2-2-306. 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.

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2-2-307. 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.

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