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 Repealed by Laws 2019, ch. 54, § 2.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

2-7-508. Amount of homestead exemption.

Wheresoever in the Probate Code the limit of the homestead exemption is established or referred to, the exemption is thirty thousand dollars ($30,000.00).

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2-7-509. Costs of proceedings; homestead exempt from claims against estate.

The costs of all proceedings provided for in W.S. 2-7-501 through 2-7-508 shall be paid by the estate as expenses of administration. Persons succeeding by purchase or otherwise to the interests, rights and title of successors to homesteads or to the right to have homesteads set apart to them, shall take the homestead exempt from claims against the estate of the decedent.

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2-7-601. When conveyance required; generally.

When a person who is bound by contract in writing to convey any real estate dies before making the conveyance, and in all cases when the decedent, if living, might be compelled to make the conveyance, the court may order his personal representative to convey the real estate to the person entitled thereto.

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2-7-602. When conveyance required; time and place for hearing; notice.

On presentation of a verified petition by any person claiming to be entitled to the conveyance from a personal representative setting forth the facts upon which the claim is predicated, the court shall appoint a time and place for hearing the petition and notice thereof shall be personally served on the personal representative.

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2-7-603. When conveyance required; hearing.

At the hearing all persons interested in the estate may appear and contest the petition by filing their objections in writing. The court may examine, on oath, the petitioner and all before him for that purpose.

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2-7-604. When conveyance required; order for conveyance; journal entry.

If after hearing and examination of the claim the court is satisfied the petitioner is entitled to a conveyance of the real estate described in the petition, an order directing the personal representative to execute a conveyance thereof to the petitioner shall be made and entered on the journal of the court.

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2-7-605. When conveyance required; execution.

The personal representative shall execute the conveyance according to the directions of the order.

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2-7-606. When conveyance required; dismissal of petition; specific performance.

If upon hearing the right of the petitioner to have specific performance of the contract is found to be doubtful, the court shall dismiss the petition without prejudice to the right of the petitioner, who may at any time within two (2) months thereafter proceed by action to enforce specific performance thereof.

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2-7-607. When conveyance required; title to pass.

Every conveyance made in pursuance of an order or decree as provided in W.S. 2-7-601 or 2-7-604 shall pass title to the estate contracted for as fully as if the contracting party himself was still living and executed the conveyance.

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2-7-608. When conveyance required; right of successor to enforce.

If the person entitled to the conveyance dies before the commencement or completion of proceedings therefor, any person entitled to succeed to his rights in the contract, or the personal representative of the decedent, may, for the benefit of the person so entitled, commence the proceedings or prosecute any already commenced. The conveyance shall be so made as to vest the estate in the person entitled to it or in the personal representative for his benefit.

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2-7-609. When power given in will.

When power to sell, mortgage, lease, pledge or exchange property of the estate is given to any personal representative under the terms of a will, the statutory requirements for such purposes do not apply.

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2-7-610. Equitable conversion; effect thereof.

A testamentary direction to sell real property, or the exercise of a testamentary power of sale of real property constitutes an equitable conversion of real estate into personal property, but shall not affect distribution of the estate under the provisions of the will.

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2-7-611. When real property deemed personalty; when personalty deemed real property.

(a) Real property acquired by the personal representative by the completion of foreclosure proceedings or by the forfeiture of real estate contracts after the death of the decedent is deemed to be personal property for the purpose of administration and distribution of the estate. (b) In all cases of sale of real property by a personal representative under order of court, the surplus of the proceeds of sale remaining after the payment of debts and charges is deemed to be real property and shall be disposed of in the same proportions as the real property would have been if it had not been sold.

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2-7-612. Purposes for which realty or personalty may be sold; exempt personal property and homestead.

(a) Any real or personal property belonging to the decedent except exempt personal property and the homestead may be sold, mortgaged, pledged, leased or exchanged by the personal representative for any of the following purposes: (i) The payment of debts and charges against the estate; (ii) The distribution of the estate or any part thereof; (iii) Any other purpose in the best interests of the estate. (b) Exempt personal property under such provisions as the court may direct, if not set off to the surviving spouse or issue may be sold, mortgaged, pledged, leased, or exchanged, if the surviving spouse or issue consents thereto. (c) The homestead, under such provisions as the court may direct, if not set off to the surviving spouse or issue, may be sold, mortgaged, pledged, leased or exchanged. (d) The proceeds from the sale of any exempt personal property or from the sale of the homestead shall be held by the personal representative subject to the rights of the surviving spouse or issue unless the surviving spouse or issue has expressly waived his rights to the proceeds.

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2-7-613. Sale of personalty without court order.

Personal property of a perishable nature and personal property for which there is a regularly established market may be sold by the personal representative without order of court.

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2-7-614. Petition to sell; generally.

A petition to sell, mortgage, exchange, pledge or lease any real or personal property shall set forth the reasons for the petition and describe the property involved. It may apply for different authority as to separate parts of the property, or it may apply in the alternative for authority to sell, mortgage, exchange, pledge or lease. Whenever it is for the best interests of the estate, real and personal property of the estate may be sold, mortgaged, exchanged, pledged or leased as a unit.

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2-7-615. Petition to sell; notice and hearing; exception; court order.

Upon filing of the petition, the court shall fix the time and place of hearing of the petition, and the personal representative shall give notice of the hearing as provided in W.S. 2-7-205, but as to personal property and as to the lease of real property not specifically devised for a period of not to exceed one (1) year, the court may hear the petition without notice. In those instances where notice is required, the notice shall state briefly the nature of the petition. At the hearing and upon satisfactory proof the court may order the sale, mortgage, exchange, pledge or lease of the property described or any part thereof at such price and upon such terms and conditions as the court may authorize.

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2-7-616. Sale subject to mortgage.

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

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2-7-617. Extension of credit in sales.

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

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2-7-618. Purchase by holder of lien.

At any sale of real or personal property upon which there is a mortgage, pledge or other lien, the holder of the lien may become the purchaser, and may apply the amount of his lien on the purchase price. If no claim thereon has been filed or allowed, the court, at the hearing on the report of sale and for confirmation of the sale, may examine into the validity and enforceability of the lien or charge and the amount due thereunder and secured thereby, and may authorize the personal representative to accept the receipt of the purchaser for the amount due thereunder and secured thereby as payment pro tanto. If the mortgage, pledge or other lien is a valid claim against the estate and has been allowed, the receipt of the purchaser for the amount due him from the proceeds of the sale is a payment pro tanto. If the amount for which the property is purchased, whether or not a claim for it has been filed or allowed, is insufficient to defray the expenses and discharge his mortgage, pledge or other lien, the purchaser shall pay an amount sufficient to pay the balance of the expenses. Nothing permitted under this section shall be deemed to be an allowance of a claim based upon such mortgage, pledge or other lien.

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2-7-619. Bond to prevent sale; liability for breach; effect of compliance.

(a) Any person interested in the estate may prevent a sale, mortgage, pledge, exchange or lease of the whole or any part of the real estate or personal property for any purpose by giving bond to the satisfaction of the court, conditioned that he will pay such demands against the estate as the court shall require not to exceed the value of the property thus kept from sale, mortgage, pledge, exchange or lease as soon as called upon by the court for that purpose. (b) If the conditions of the bond are broken the property will be liable for the debts unless it has passed into the hands of innocent purchasers, and the personal representative may take possession thereof and sell it under the direction of the court, or he may prosecute the bond, or pursue both remedies at the same time if the court so directs. (c) If the conditions of the bond are complied with the property shall pass by devise, bequest, distribution or descent as though there had been no debts against the estate.

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2-7-620. Collateral attacks precluded.

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

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2-7-621. Order for sale, generally.

The order shall describe the property to be sold, mortgaged, pledged, exchanged or leased and may designate the sequence in which the several parcels shall be sold, mortgaged, pledged, exchanged or leased. An order for sale may direct whether the property shall be sold at private sale or public auction, and the place or places of sale. The order of sale may prescribe the terms, conditions and manner of sale. The court may provide for appraisal for its guidance as to value of the property, and determine whether or not additional bond shall be deposited by the personal representative. If real property is to be mortgaged, the order may fix the maximum amount of principal, the earliest and latest dates of maturity and the purposes for which the proceeds shall be used. An order for sale, mortgage, pledge, exchange or lease shall remain in force until terminated by the court.

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2-7-622. Notice of auction required.

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

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2-7-623. Adjournment of sale.

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

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2-7-624. Verified report required; confirmation of sale, by court; hearing may be ordered.

(a) After making any sale, mortgage, exchange or lease of real property, the personal representative shall make a verified report thereof to the court. The court shall examine the report and if satisfied that the sale, mortgage, exchange or lease has been at a price and upon terms advantageous to the estate and in all respects made in conformity with law, and that it ought to be confirmed, shall confirm the sale, mortgage, exchange or lease and order the personal representative to deliver a deed, mortgage, lease or other proper instruments to the person entitled thereto. (b) If the real property has been sold at private sale without an appraisal for purpose of sale, or if it has been appraised and has been sold at private sale for less than the appraised value, upon filing of the report the court may enter an order fixing a time and place for [a] hearing and a notice of the hearing shall be served upon all interested persons. Prior to the time fixed for the hearing, any person receiving notice may file written objections to the entry of an order approving the sale. If the court is not satisfied that the sale, mortgage, exchange or lease has been made in conformity with law and that it is in the best interests of the estate, it may reject the sale, mortgage, exchange or lease and enter an order it deems advisable.

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2-7-625. Joining report with petition.

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

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2-7-626. Recording.

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

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2-7-627. Optional procedure.

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

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2-7-701. Debts and charges; classification.

(a) In any estate in which the assets are or appear to be insufficient to pay in full all debts and charges of the estate, the personal representative shall classify debts and charges as follows: (i) Court costs; (ii) Other costs of administration; (iii) Reasonable funeral and burial expenses; (iv) Allowances payable under W.S. 2-7-503 and 2-7-504; (v) All debts and taxes having preference under the laws of the United States; (vi) Reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending him at his last illness; (vii) All taxes having preferences under the laws of this state; (viii) All debts owing to employees for labor performed during the ninety (90) days next preceding the death of the decedent; (ix) All claims allowed under W.S. 2-7-707; (x) All other claims allowed.

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2-7-702. Debts and charges; order of payment.

Payment of debts and charges of the estate shall be made in the order provided in the preceding section without preference of any claim over another of the same class. If the assets of the estate are insufficient to pay in full all of the claims of a class, then the claims shall be paid on a pro rata basis without preference between claims then due and those of the same class not due.

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2-7-703. Filing required; failure to do so constitutes bar; exceptions.

(a) Except as otherwise provided in this section, all claims whether due, not due or contingent, shall be filed in duplicate with the clerk within the time limited in the notice to creditors and any claim not so filed is barred forever. Any claimant to whom the personal representative has mailed a notice pursuant to W.S. 2-7-205(a)(ii) shall file his claim within three (3) months after the date of first publication of the notice in the newspaper, or before the expiration of thirty (30) days after the mailing, whichever date is later, and any claim not so filed is barred forever. If only one (1) copy of a claim is filed, the clerk shall make a duplicate and shall charge the claimant a reasonable fee not to exceed two dollars ($2.00) per page. (b) The clerk shall forthwith transmit to the personal representative one (1) copy of each claim when and as filed. (c) This section shall not bar: (i) Claimants entitled to equitable relief due to peculiar circumstances, if so found by the court in adversary proceedings; or (ii) A claimant to whom no notice was mailed pursuant to W.S. 2-7-205(a)(ii), if the court in adversary proceedings finds that the identity of the claimant was reasonably ascertainable by the personal representative within the time limited in the notice to creditors published pursuant to W.S. 2-7-201. (d) Any claim not in excess of two hundred dollars ($200.00) may be allowed by the personal representative without the filing of the claim by the creditor, but the personal representative is answerable for the propriety thereof upon hearing on his final report and accounting.

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2-7-704. Affidavit and other required supporting documentation.

(a) Every claim which is due, when filed with the clerk shall be supported by the affidavit of the claimant or someone in his behalf, that the account is justly due, that no payments have been made thereon which are not credited and there are no offsets to the same to the knowledge of the affiant. If the claim is not due when filed or is contingent the particulars of the claim shall be stated. The personal representative may also require satisfactory vouchers or proofs to be produced in support of the claim. (b) If the claim is founded on a bond, bill, note or any other instrument, a copy of the instrument shall accompany the claim. The original instrument shall be exhibited to the personal representative, if demanded, unless it is lost or destroyed, in which case the claimant shall accompany his claim by his affidavit containing a copy or particular description of the instrument and stating its loss or destruction. If the claim or any part thereof is secured by a mortgage or other lien which has been recorded in the office of the county clerk of the county in which the land affected by it lies, it is sufficient to describe the mortgage or lien and refer to the date, volume and page of its record.

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2-7-705. Future, contingent and unliquidated claims.

(a) If a claim which will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate, and the claim has been allowed or established by a proceeding, it is paid in the same manner as presently due and absolute claims of the same class. (b) In other cases the personal representative, or on petition of the personal representative or the claimant in a special proceeding the court, may provide for payment as follows: (i) If the claimant consents he may be paid the present or agreed value of the claim taking any uncertainty into account; (ii) Arrangement for future payment or possible payment on the happening of the contingency or on liquidation may be made by creating a trust, giving a mortgage, obtaining a bond or security from a distributee, or otherwise.

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2-7-706. Claim based on cause of action surviving decedent's death.

Where a cause of action against the decedent survives his death under W.S. 1-4-101 and 1-4-102, before an action may be brought thereon in any court, a claim based thereon shall be filed and shall have been rejected by the personal representative. The running of the applicable statute of limitations on the cause of action shall be tolled from the time the claim is filed until five (5) days after the date of mailing of notice of rejection by the personal representative. Any judgment rendered by any court with respect to which compliance with this section has not been accomplished, if sought to be enforced, shall be deemed to be a claim not timely filed under W.S. 2-7-703.

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2-7-707. Repayment of public assistance.

If any recipient of assistance under statutes of Wyoming governing programs of public welfare dies possessed of money or property and a claim for repayment of such assistance is filed against the estate of the deceased, the court in which the estate is being probated shall order the claim to be paid out of the assets of the estate after the claims in W.S. 2-7-701 (a)(i) through (viii) are paid and satisfied. No claim for repayment of assistance shall be enforced against any property of the estate that may be necessary for the support, maintenance or education of the decedent's surviving spouse, minor child or other dependent.

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2-7-708. Personal claims of personal representatives.

(a) If the personal representative is a creditor of the decedent he shall file his claim as other creditors, and the court shall appoint a competent person as temporary administrator to represent the estate in the matter of allowing or disallowing the claim. The same procedure shall be followed in the case of co-representatives where all the representatives are creditors of the estate. If one of the co-representatives is not a creditor of the estate, the disinterested representative shall represent the estate in the matter of allowing or disallowing the claim against the estate by a co-representative. (b) The temporary administrator, after investigation, shall file a report with the court recommending the allowance or disallowance of the claim. Unless the court allows the claim, it shall be disposed of as a contested claim in accordance with W.S. 2-7-717 through 2-7-719.

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2-7-709. Actions pending against decedent at time of death.

Any action, including any counterclaim in any pending action, pending against the decedent at the time of his death that survives shall be filed as a claim within the time provided in W.S. 2-7-703 by filing with the clerk in duplicate a certified copy of the order of the court in which the action is pending substituting the personal representative for the decedent, together with a certified copy of any pleading asserting contentions against the decedent. Any judgment thereafter rendered in the pending action shall be subject to the provisions of W.S. 2-7-719. If no claim is filed as provided in this section, any judgment rendered in the pending action, if sought to be enforced, shall be deemed to be a claim not timely filed under W.S. 2-7-703.

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2-7-710. Judgments rendered against decedent before death; execution thereon limited.

When any judgment has been rendered against the decedent in his lifetime, no execution shall issue thereon after his death unless the judgment is for the recovery of real or personal property or the enforcement of a lien thereon. A judgment against the decedent for the recovery of money shall be filed with the clerk like any other claim. If execution is levied upon any property of the decedent before his death, the property may be sold for the satisfaction thereof, and the officer making the sale shall account to the personal representative for any surplus in his hands.

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2-7-711. Judgments rendered against decedent after death.

A judgment rendered against a decedent who dies after verdict or decision on an issue of fact but before judgment is rendered thereon shall be filed with the clerk like any other claim. The time within which the judgment shall be filed shall not expire until ten (10) days from and after the date final judgment is entered if the date is later than the time for filing claims provided in W.S. 2-7-703.

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