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 Repealed by Laws 2019, ch. 54, § 2.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

2-9-202. Application by petition two years after death; fixing time for hearing; notice thereof; contents.

Upon filing the petition the court shall fix a time for hearing the petition not less than thirty (30) days after the filing thereof. Notice of the time and place of hearing shall be given to all persons interested in the proceeding including creditors, heirs and devisees, setting forth the filing of the petition, the date of the supposed death of the deceased, his place of residence, a description of the real property or interest therein of which he died seized or a description of the real property on which he had made an entry but had not yet received patent and the interest in the real estate of the petitioner. The notice shall be published once a week in a newspaper of general circulation in the county for four (4) consecutive weeks prior to the hearing, and shall be mailed simultaneously with the first publication to those persons designated in W.S. 2-7-205.

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2-9-203. Application by petition two years after death; hearing; determination and decree.

(a) Upon hearing, if it appears to the court that more than two (2) years have elapsed since the death of the deceased, that he died seized of an interest in lands in this state or that he died intestate having entered government lands and not having received a patent therefor, and there has been no previous record judicial determination of the decedent's heirs or the right of descent of the real property interest, the court shall determine the date of the decedent's death, who were the heirs of the deceased upon the date of death, their degree of kinship, the right of descent of the real property or interest therein of which the deceased died seized or on which he had made an entry but had not yet received a patent therefor and the distribution each heir is entitled to receive from the known and unknown real property interests of the decedent based on the determination of the right of descent, and shall make and enter its decree accordingly. (b) The findings of the court relating to a decedent's date of death, intestacy, heirs, degree of kinship and right of descent shall apply to any other real property in this state subsequently discovered in which the decedent had a property interest at the time of his death as identified by an affidavit recorded pursuant to W.S. 34-11-101, provided that: (i) A copy of the judicial determination of the decedent's heirs or right of descent shall be included with an affidavit filed under W.S. 34-11-101 for the subsequently discovered property; (ii) No other recorded judicial determination has been made relating to the right of descent for that property.

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2-9-204. Procedure when applicant for public land dies and patent issued to heirs.

(a) Whenever any person makes entry on any land in the United States and dies before patent for the same is issued and patent thereafter is issued to the heirs at law of the decedent, any person interested in the lands as heir at law or devisee or as grantee or assignee of such heirs at law or devisee, or the personal representative of any of them if deceased, may file a petition in the district court in and for the county wherein the land or any part thereof is situate, setting forth the date of death of the decedent, the date of issuance of the patent and that the patent was issued to the heirs at law of the deceased person, the land described therein, the names, ages and residence if known of the heirs at law of the deceased persons and a request that a decree be entered by the court establishing who are the heirs at law of the deceased person. Upon filing of the petition the clerk of court shall make an order fixing the time and place of hearing of the petition not less than thirty (30) days from the filing of the petition. (b) Notice of the time and place for hearing the petition shall be given by publishing notice thereof at least once each week for three (3) successive weeks in some newspaper of general circulation in the county and the mailing of true copies to all known heirs of the deceased person at least ten (10) days prior to the date fixed for the hearing. Proof of publication and mailing shall be made to the court upon the hearing. Any time before the date fixed for the hearing any person interested in the lands as heir at law or devisee of the decedent or as the grantee of any such heir at law or devisee, may answer the petition and deny any of the matters contained therein. At the time fixed for the hearing or at such time thereafter as may be fixed by the court, the court shall hear the proofs offered by petitioner and any person answering the same, and shall make a decree conformable to the proofs. The decree shall have the same force and effect as decrees entered in accordance with the provisions of the Code of Civil Procedure.

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2-10-101. Short title.

This act may be cited as the "Uniform Estate Tax Apportionment Act".

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2-10-102. Definitions.

(a) As used in W.S. 2-10-101 through 2-10-110: (i) "Estate" means the gross estate of a decedent as determined for the purpose of federal estate tax; (ii) "Fiduciary" means executor, administrator of any description, and trustee; (iii) "Person" means any individual, partnership, association, joint stock company, corporation, government, political subdivision of a government, governmental agency or local governmental agency; (iv) "Person interested in the estate" means any person entitled to receive or who has received from a decedent or by reason of the death of a decedent any property or interest therein included in the decedent's estate. It includes a personal representative, guardian and trustee; (v) "State" means any state, territory or possession of the United States, the District of Columbia and the Commonwealth of Puerto Rico; (vi) "Tax" means the federal estate tax and interest and penalties imposed in addition to the tax; (vii) "This act" means W.S. 2-10-101 through 2-10-110.

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2-10-103. Among all persons interested in estate; exception.

Unless the will otherwise provides, the tax shall be apportioned among all persons interested in the estate. The apportionment shall be made in proportion that the value of the interest of each person interested in the estate bears to the total value of the interests of all persons interested in the estate. The values used in determining the tax shall be used for that purpose.

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2-10-104. Probate court to determine; discretion allowed; presumption of correctness.

(a) The probate court having jurisdiction over the administration of the estate of a decedent shall determine the apportionment of the tax. If there are no probate proceedings, the probate court of the county wherein the decedent was domiciled at death upon the application of the person required to pay the tax shall determine the apportionment of the tax. (b) If the probate court finds that it is inequitable to apportion interest and penalties in the manner provided in W.S. 2-10-103 because of special circumstances, it may direct apportionment thereof in the manner it finds equitable. (c) If the probate court finds that the assessment of penalties and interest assessed in relation to the tax is due to delay caused by the negligence of the fiduciary, the court may charge the fiduciary with the amount of the assessed penalties and interest. (d) In any suit or judicial proceeding to recover from any person interested in the estate the amount of the tax apportioned to the person in accordance with this act, the determination of the probate court in respect thereto shall be prima facie correct.

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2-10-105. Withholding upon distribution of estate; right

to recover deficiency; security required if distribution made prior to final apportionment. (a) The fiduciary or other person in possession of the property of the decedent required to pay the tax may withhold from any property distributable to any person interested in the estate, upon his distribution to him, the amount of tax attributable to his interest. If the property in possession of the fiduciary or other person required to pay the tax and distributable to any person interested in the estate is insufficient to satisfy the proportionate amount of the tax determined to be due from the person, the fiduciary or other person required to pay the tax may recover the deficiency from the person interested in the estate. If the property is not in the possession of the fiduciary or other person required to pay the tax, the fiduciary or the other person required to pay the tax may recover from any person interested in the estate the amount of the tax apportioned to the person in accordance with this act. (b) If property held by the fiduciary is distributed prior to final apportionment of the tax, the distributee shall provide a bond or other security for the apportionment liability in the form and amount prescribed by the fiduciary, with the approval of the probate court having jurisdiction of the administration of the estate.

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2-10-106. Allowances for exemptions or deductions and credits.

(a) In making an apportionment, allowances shall be made for any exemptions granted and for any deductions and credits allowed by the law imposing the tax. (b) Any exemption or deduction allowed by reason of the relationship of any person to the decedent or by reason of the purposes of the gift shall inure to the benefit of the person bearing such relationship or receiving the gift; except that when an interest is subject to a prior present interest which is now allowable as a deduction, the tax apportionable against the present interest shall be paid from principal. (c) Any deduction for property previously taxed and any credit for gift taxes or death taxes of a foreign country paid by the decedent or his estate shall inure to the proportionate benefit of all persons liable to apportionment. (d) Any credit for inheritance, succession or estate taxes or taxes in the nature thereof in respect to property or interests includable in the estate shall inure to the benefit of the persons or interests chargeable with the payment thereof to the extent that, or in proportion as the credit reduces the tax. (e) To the extent that property passing to or in trust for a surviving spouse or any charitable, public or similar gift or bequest does not constitute an allowable deduction for purposes of the tax solely by reason of an inheritance tax or other death tax imposed upon and deductible from the property, the property shall not be included in the computation provided for in W.S. 2-10-103 and to that extent no apportionment shall be made against the property. The sentence immediately preceding shall not apply to any case where the result will be to deprive the estate of a deduction otherwise allowable under applicable gift and estate laws, relating to deduction for state death taxes on transfers for public, charitable or religious uses.

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2-10-107. Charging temporary interest and remainder.

No interest in income and no estate for years or for life or other temporary interest in any property or fund shall be subject to apportionment as between the temporary interest and the remainder. The tax on the temporary interest and the tax, if any, on the remainder shall be chargeable against the corpus of the property or funds subject to the temporary interest and remainder.

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2-10-108. Institution of actions or proceedings to recover tax; generally; apportionment of amounts not collected.

Neither the fiduciary nor other person required to pay the tax shall be under any duty to institute any suit or proceeding to recover from any person interested in the estate the amount of the tax apportioned to the person until the expiration of the three (3) months next following final determination of the tax. A fiduciary or other person required to pay the tax who institutes the suit or proceeding within a reasonable time after the three (3) months period shall not be subject to any liability or surcharge because any portion of the tax apportioned to any person interested in the estate was collectible at a time following the death of the decedent but thereafter became uncollectible. If the fiduciary or other person required to pay the tax cannot collect from any person interested in the estate the amount of the tax apportioned to the person, the amount not recoverable shall be equitably apportioned among the other persons interested in the estate who are subject to apportionment.

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2-10-109. Institution of actions or proceedings to recover tax; actions by nonresidents.

(a) Subject to the conditions in subsection (b) of this section a fiduciary acting in another state or a person required to pay the tax resident in another state may institute an action in the courts of this state and may recover a proportionate amount of the federal estate tax, of an estate tax payable to another state or of a death duty due by a decedent's estate to another state from a person interested in the estate who is either resident in this state or who owns property in this state subject to attachment or execution. For the purposes of the action the determination of apportionment by the court having jurisdiction of the administration of the decedent's estate in the other state shall be prima facie correct. (b) The provisions of subsection (a) of this section shall apply only: (i) If such other state affords a remedy substantially similar to that afforded in subsection (a) of this section; (ii) With respect to federal estate tax, if apportionment thereof is authorized by congress.

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2-10-110. Interpretation and construction.

This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it.

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2-11-101. Short title and construction.

W.S. 2-11-101 through 2-11-105 may be cited as the "Uniform Foreign Probate Act", and shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.

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2-11-102. Where allowed and recorded.

A will duly proved, allowed and admitted to probate outside of this state may be allowed and recorded in the proper court of any county in this state in which the testator shall have left any estate.

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2-11-103. When to be filed.

When a copy of the will and the probate thereof duly authenticated is presented by the executor or by any other person interested in the will with a petition for probate, the same shall be filed.

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2-11-104. Admission to probate; effect.

If upon presentation it appears to the satisfaction of the court that the will has been duly proved, allowed and admitted to probate outside of this state and that it was executed according to the law of the place in which the same was made, or in which the testator was at the time domiciled, or in conformity with the laws of this state, it shall be admitted to probate, which probate has the same force and effect as the original probate of a domestic will.

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2-11-105. Procedure when foreign law does not require probate; filing, recording and effect.

(a) When a duly authenticated copy of a will from any state or country where probate is not required by the laws of the state or country, with a duly authenticated certificate of the legal custodian of the original will that the same is a true copy and that the will has become operative by the laws of the state or country, and when a copy of a notarial will in possession of a notarial officer in a foreign state or country entitled to the custody thereof (the laws of which state or country require that the will remain in the custody of the notarial officer), duly authenticated by the notarial officer, is presented by the executor or other persons interested to the proper court in this state, the court shall take the proofs as may be appropriate. (b) If it appears to the court that the instrument should be allowed in this state as the last will and testament of the deceased, the copy shall be filed and recorded and the will has the same effect as if originally proved and allowed in the court.

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2-11-201. Probate of estates of nonresidents.

In case of a nonresident's estate having property in this state not exceeding in value the sum of four hundred thousand dollars ($400,000.00), which estate has been duly probated and settled in another state, the probate of the estate in this state may be dispensed with upon filing with the district judge in the proper county a petition under oath showing the facts in the case together with certified copies of the petition, order of appointment of executor or administrator, inventory and final decree of distribution of estate therein, and a full showing that debts of the estate have been paid and the district judge giving notice by publication for the period of three (3) weeks of the intention of the petitioner to have the probate proceedings admitted in this state as a probate of the estate. If on the day set for hearing the petition no objection is made, the judge shall make an order admitting the certified copies of the proceedings in the estate to record in his court and they shall be considered and treated from that time as original proceedings in his court and shall be conclusive evidence of the facts therein shown. If at such hearing any creditor objects to the proceedings and shows that the decedent is indebted to him, his claim not having been presented in the original state, the matter shall be postponed and the creditor or other person shall be allowed to petition for letters of administration as in other cases. This section shall not be construed to prevent the courts of this state from appointing a temporary administrator in this state to collect and preserve the property of the estate of the deceased person which may be located in this state.

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2-11-202. Nonresident property in Wyoming; disposition.

(a) In case of a nonresident's estate having property in this state not exceeding in value the sum of four hundred thousand dollars ($400,000.00), which estate is being duly probated and settled in another state, the Wyoming district judge may enter an order for the sale of the property located in this state provided: (i) The petitioner files with the district judge in the proper county a petition under oath showing the facts in the case together with certified copies of the petition, order of appointment of executor or administrator, notice to creditors showing that the time for filing claims has expired, and inventory of the Wyoming estate; (ii) The petitioner files a certified copy of an order authorizing sale or other disposition of Wyoming property issued by the court having jurisdiction over the estate being probated in another state; (iii) The district judge gives notice by publication for three (3) weeks of the intention of the petitioner to have the property located in this state subject to sale or other disposition; and (iv) If on the day set for hearing the petition no objection is made, the judge shall make an order admitting the certified copies of the proceedings in the estate and the order authorizing sale or other disposition of Wyoming property to record in his court and they shall be considered and treated from that time as original proceedings in his court and shall be conclusive evidence of the facts therein shown. (b) If on the day set for hearing the petition any creditor objects to the sale or other disposition of the Wyoming property, his claim not having been presented in the original state, the matter shall be postponed and the petition denied. This section shall not be construed to prevent the courts of this state from appointing a temporary administrator in this state to collect and preserve the property of the estate of the deceased person which may be located in this state.

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2-11-301. Naming of executors and trustees; generally;

appointment of agents for service; bond when executor sole legatee; applicability of provisions. The testator may name in his will as executor or trustee any person or persons who are residents and citizens of the United States, or any bank or trust company organized under the laws of this state or of the United States and doing business in this state. When it appears to the court having jurisdiction that any individual named as an executor or trustee in any will is not a resident of this state or that any bank or trust company named as executor or trustee is not authorized to do business in this state, the court shall require the executor or trustee to designate a resident, bank or trust company of this state as agent or attorney upon whom any order, notice or process issued out of the courts of this state may be served. Service on the agent or attorney has the same effect as if served upon the nonresident executor or trustee in person. If any nonresident executor or trustee fails to appoint an agent or attorney, the court shall revoke his authority to act. When the person named as executor is also the sole legatee, instead of the bond required by other provisions herein of an executor, he may give a bond to the state in a sum and with sureties the court requires, conditioned only to pay within the time fixed by the court all the debts of the testator which are filed or exhibited within the time fixed by the notice to creditors. He shall return an inventory and appraisement as in other cases. Upon execution and approval of the bond, the filing of the inventory and appraisement and the publication of notice to creditors, the estate of the testator vests absolutely in the sole legatee and the debts of the testator so filed or exhibited become charges against the legatee. Upon breach of the condition of the bond, suit may be instituted on the bond by any creditor in the name of the state for the use of the creditor. The provisions hereof apply to all wills hereafter admitted to probate.

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2-11-302. Naming of executors and trustees; powers; generally.

A domiciliary foreign personal representative who has complied with W.S. 2-11-301 may exercise as to assets in this state all powers of a local personal representative and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident parties generally.

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2-11-303. Naming of executors and trustees; limitations.

The power of a domiciliary foreign personal representative under W.S. 2-11-302 shall be exercised only if there is no administration or application therefor pending in this state. A petition for local administration of the estate terminates the power of the foreign personal representative to act under W.S. 2-11-302 but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate. No person who before receiving actual notice of a pending local administration has changed his position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the petition for or grant of local administration. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for him in any action or proceedings in this state.

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2-12-101. Filing of petition; information to be shown; appointing day for hearing.

Whenever any resident of this state who owns or is entitled to the possession of any real or personal property situate therein is missing, or his whereabouts is unknown for ninety (90) days, and a verified petition is presented to the court of the county of which the missing person is a resident representing that the whereabouts of the missing person has been for such time and still is unknown, that his estate requires attention, supervision and care of ownership, and setting forth the names, ages and residence of the relatives of the missing person who would be heirs at law were the missing person deceased, the court shall order the petition to be filed and appoint a day for hearing the petition not less than ten (10) days from the date of the order.

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2-12-102. Publication of notice of hearing; service on persons named in petition.

The clerk shall publish not less than twice during the ten (10) days prior to the day appointed a notice in some newspaper published in the county, stating that the petition will be heard at the courtroom of the court at the time appointed for the hearing. The clerk shall cause personal service of the notice of hearing to be served upon all persons named in the petition as heirs of the missing person should he be deceased resident in the county, and cause to be mailed by certified mail a copy of the notice addressed to each of the supposed heirs at their address shown in the petition. The court may direct further notice of the filing of the petition be given in such manner and to such persons as it may deem proper.

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2-12-103. Hearing on petition; appointment of trustee.

At the time fixed for the hearing or at any subsequent time to which the hearing may be continued, the court shall hear the petition and the evidence offered in support of or in opposition thereto. If satisfied that the allegations thereof are true and that the person remains missing and the whereabouts of the person are unknown, the court shall appoint some suitable person as trustee to take charge and possession of the estate and to manage, hold and control the same subject to the direction of the court.

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2-12-104. Preference in appointing trustee.

In appointing a trustee, the court shall give preference to the wife or husband of the missing person or their nominee, and in the absence of a husband or wife, some person willing to act and entitled to participate in the distribution of the missing person's estate were he or she deceased, or a creditor of the missing person.

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2-12-105. Bond of trustee.

Every person appointed trustee under the provisions of the preceding section shall give bond to the state of Wyoming with two (2) or more sufficient sureties, or surety bond, conditioned for the faithful performance of his duties, to be approved by the court or clerk thereof. In form the bond shall be joint and several and the penalty shall be not less than the value of the personal property and the probable value of the annual rents, profits and issues of real property belonging to the missing person, which value shall be ascertained by the court or clerk thereof by examining on oath the petitioner in the petition and any other person deemed by the court or clerk to have information or knowledge of such value. The sureties shall justify on written oath attached to the bond in an amount equal in the aggregate to the penalty thereof.

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2-12-106. Trustee to take possession of property; powers and duties generally; removal of trustee; sale of property.

(a) The trustee shall take possession of the real and personal estate in this state of the missing person and collect, receive and receipt for and hold subject to the order of the court the rents, income, issues, profits and proceeds thereof and all indebtedness owing to the missing person and pay out of the trust funds the expenses of the trust and any indebtedness of the missing person authorized by the court. The court may direct the trustee to pay to the family of the missing person such money for family expenses and support from the income of the trust estate as the court from time to time may determine. When directed by the court, the trustee shall account to the court for all of the trustee's acts as trustee, and the court may at any time upon good cause shown remove any trustee and appoint another. (b) When a sale of the real or personal property of the estate of a missing person is necessary to pay the allowance of the family or the debts outstanding against the missing person or the expenses of administration of the trust, or when it appears to the court it is for the best interest of all persons interested in the estate, the trustee may sell any real or personal property of the estate upon order of the court. (c) The trustee in obtaining an order of sale and in conducting a sale of property of the estate of a missing person shall follow all the steps and procedure set forth in article 6 of chapter 7, Wyoming Probate Code relating to the sale of property of a decedent.

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2-13-101. Short title.

(a) This act may be cited as the "Uniform Simultaneous Death Act". (b) "This act", when used in chapter 13 of the Probate Code, means W.S. 2-13-101 through 2-13-107.

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2-13-102. Applicability of provisions.

This act does not apply in the case of wills, living trusts, deeds or contracts of insurance wherein provision is made for distribution of property different from the provisions of this act.

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2-13-103. Disposition of property based on presumption of survivorship.

Where the title to property or the devolution thereto depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise in this act.

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2-13-104. Beneficiaries.

Where two (2) or more beneficiaries are designated to take successively by reason of survivorship under another person's disposition of property and there is no sufficient evidence that these beneficiaries have died otherwise than simultaneously the property thus disposed of shall be divided into as many equal portions as there are successively beneficiaries and those portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.

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2-13-105. Joint tenants or tenants by the entirety.

Where there is no sufficient evidence that two (2) joint tenants or tenants by the entirety have died otherwise than simultaneously the property so held shall be distributed one-half (1/2) as if one (1) had survived and one-half (1/2) as if the other had survived. If there are more than two (2) joint tenants and all of them have so died the property thus distributed shall be in the proportion that one (1) bears to the whole number of joint tenants.

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2-13-106. Life or accident insurance proceeds.

Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.

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2-13-107. Construction and interpretation.

This act shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it.

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2-14-101. Taking of life precludes one from inheritance,

insurance or survivorship benefits; how benefits distributed; notification of insurer necessary. (a) No person who feloniously takes or causes or procures another to take the life of another shall: (i) Inherit from or take by devise or legacy from the deceased person any portion of his estate; (ii) Inherit, receive or otherwise take any property held with the deceased person in a joint tenancy with rights of survivorship, tenancy by the entirety or any other form of co-ownership with rights of survivorship; (iii) Inherit, receive or otherwise take any property conveyed by the deceased person by beneficiary designation, transfer on death designation, payable on death designation or other conveyance that occurs because of the death of the deceased person; (iv) Serve through nomination, appointment or otherwise in any fiduciary or representative capacity for the deceased person, including as a personal representative, executor, trustee or agent. Any provision in a governing instrument conferring any power of appointment on the killer shall be deemed to have been terminated at the time immediately preceding the killing of the deceased person. (b) No beneficiary of any policy of life or accident insurance or certificates of membership issued by any benevolent association or organization, payable upon the death of any person, who in like manner takes or causes or procures another to take the life of another, shall take the proceeds of such policy or certificate. (c) Except as provided in subsection (d) of this section in every instance mentioned in this section all benefits that would accrue to the killer upon the death of the person whose life is taken shall become subject to distribution among the other beneficiaries or heirs of the deceased person according to the will, trust or other valid dispositive instrument of the deceased person as though the killer has predeceased the deceased person, or if no such valid instrument exists, according to the rules of descent and distribution. However, an insurance company is discharged of all liability under a policy issued by it upon payment of the proceeds in accordance with the terms thereof unless before payment the company receives written notice by or in behalf of some claimant other than the beneficiary named in the policy that a claim to the proceeds of the policy will be made by heirs of the deceased under the provisions of this section. (d) For purposes of paragraph (a)(ii) of this section, the interests of the deceased person and the killer in property held by them at the time of the killing as joint tenants with the right of survivorship, tenants by entirety or any other form of co-ownership with rights of survivorship shall be deemed to have been terminated at the time immediately preceding the killing of the deceased person and the interests of the deceased person and the killer shall be recognized as tenancies in common. (e) As used in this section, "killer" means the person who feloniously takes or causes or procures another to take the life of another person as provided in subsection (a) of this section.

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2-14-201. Renumbered by Laws 1982, ch. 54, § 7.

Renumbered by Laws 1982, ch. 54, § 7.

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2-14-202. Renumbered by Laws 1982, ch. 54, § 7.

Renumbered by Laws 1982, ch. 54, § 7.

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2-15-101. Court may appoint agent to care for property.

When any estate is assigned or distributed by a judgment or decree of the court to any person residing out of and having no agent in this state, and it is necessary that some person be authorized to take possession and charge of the estate for the benefit of the absent person, the court may appoint an agent for that purpose and authorize him to take charge of the estate as well as to act for the absent person in the distribution.

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