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 Repealed by Laws 2019, ch. 54, § 2.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

2-3-132. Petition for revocation by prior claimant; generally.

When letters of administration are granted to any person other than the surviving husband or wife, child, father, mother, brother or sister of the intestate, any one (1) of them who is competent, or any competent person at the written request of any one (1) of them, may obtain the revocation of the letters and be entitled to administration by presenting to the court a petition so praying.

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2-3-133. Petition for revocation by prior claimant; citation to personal representative.

When such petition is filed, the clerk shall issue a citation to the personal representative to appear and answer at the time appointed for the hearing.

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2-3-134. Petition for revocation by prior claimant; hearing and disposition.

At the time appointed, the citation having been duly served and returned, the court shall proceed to hear the allegations and proofs of the parties. If the right of the applicant is established and he is competent, letters of administration shall be granted to him and the letters of the former personal representative revoked.

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2-3-135. Petition for revocation by prior claimant; prior right of surviving spouse.

When letters of administration have been granted to a child, father, brother or sister of the intestate, the surviving spouse may assert his or her prior right and obtain letters of administration and have the letters before granted revoked.

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2-3-136. Hearing upon affidavit of interested person; authority to order.

When it appears by the affidavit of any person interested in the estate that any personal representative, guardian, receiver, assignee or trustee has failed to render his accounts in the manner prescribed by law or as required by the order of the court, or has removed from the state, the court may order a hearing as hereinafter prescribed.

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2-3-137. Hearing upon affidavit of interested person; citation and service thereof.

The court shall make an order fixing the time and place of the hearing. The clerk shall issue citation to be served upon the officer charged as delinquent and upon the heirs, ward, cestui que trust or bondsmen. The citation shall be served by the sheriff upon the person or persons to be served, or by registered mail if personal service cannot be made in the county. The citation shall notify the persons served of the time and place of the hearing.

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2-3-138. Hearing upon affidavit of interested person; proceedings and disposition.

At the hearing the court shall proceed in a summary way to ascertain the facts and the course best calculated to protect the interests of all parties. Upon finding of default or removal from the state, the court may remove the personal representative, guardian, receiver, assignee or trustee and appoint another qualified person to administer the estate, who shall qualify according to law.

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2-3-201. Short title.

W.S. 2-3-201 through 2-3-211 may be cited as the "Uniform Fiduciaries Act".

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2-3-202. Definitions.

(a) In this act unless the context or subject matter otherwise requires: (i) "Bank" includes any person or association of persons, whether incorporated or not, carrying on the business of banking; (ii) "Fiduciary" includes a trustee under any trust, expressed, implied, resulting or constructive, personal representative, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a corporation, public or private, public officer or any other person acting in a fiduciary capacity for any person, trust or estate; (iii) "Person" includes a corporation, partnership or other association or two (2) or more persons having a joint or common interest; (iv) "Principal" includes any person to whom a fiduciary as such owes an obligation; (v) A thing is done "in good faith" within the meaning of this act, when it is in fact done honestly, whether it be done negligently or not; (vi) As used in the Uniform Fiduciaries Act, "this act" means W.S. 2-3-201 through 2-3-211.

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2-3-203. Responsibility and rights of persons dealing with fiduciaries.

A person who in good faith pays or transfers to a fiduciary any money or other property which the fiduciary as such is authorized to receive is not responsible for the proper application thereof by the fiduciary; and any right or title acquired from the fiduciary in consideration of the payment or transfer is not invalid in consequence of a misapplication by the fiduciary.

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2-3-204. Liability of bank; payment of checks signed by fiduciary.

If a deposit is made in a bank to the credit of a fiduciary as such, the bank is authorized to pay the amount of the deposit or any part thereof upon the check of the fiduciary, signed with the name in which such deposit is entered, without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing the check or with knowledge that its action in paying the check amounts to bad faith. If a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check.

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2-3-205. Liability of bank; when check drawn on principal by fiduciary.

If a check is drawn upon the account of his principal in a bank by a fiduciary who is empowered to draw checks upon his principal's account, the bank is authorized to pay the check without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing the check, or with knowledge that its action in paying the check amounts to bad faith. If a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check.

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2-3-206. Liability of bank; receiving deposit from fiduciary.

If a fiduciary makes a deposit in a bank to his personal credit of checks drawn by him upon an account in his own name as fiduciary, or of checks payable to him as fiduciary, or of checks drawn by him upon an account in the name of his principal if he is empowered to draw checks thereon, or of checks payable to his principal and endorsed by him, if he is empowered to endorse the checks, or if he otherwise makes a deposit of funds held by him as fiduciary, the bank receiving the deposit is not bound to inquire whether the fiduciary is committing thereby a breach of his obligation as fiduciary; and the bank is authorized to pay the amount of the deposit or any part thereof upon the personal check of the fiduciary without being liable to the principal, unless the bank receives the deposit or pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in making the deposit or in drawing the check, or with knowledge that its action in receiving the deposit or paying the check amounts to bad faith.

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2-3-207. Liability of bank; when check drawn by trustee.

When a deposit is made in a bank in the name of two (2) or more persons as trustees and a check is drawn upon the trust account by any trustee or trustees authorized by the other trustee or trustees to draw checks upon the trust account, neither the payee nor other holder nor the bank is bound to inquire whether it is a breach of trust to authorize the trustee or trustees to draw checks upon the trust account, and is not liable unless the circumstances are such that the action of the payee or other holder or the bank amounts to bad faith.

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2-3-208. Succession of fiduciary powers when bank consolidates with another.

In the event of the merger or the consolidation of any bank, banking association, loan and trust company, named as personal representative, trustee under trust agreement, guardian of minors or incompetents, trustee for bond issue, escrow agent, holder of real estate titles, receiver or agent, the successor of the bank, banking association, or loan and trust company, shall by virtue of the merger, consolidation or succession, succeed to all the fiduciary powers, privileges, benefits, obligations, duties and liabilities of its predecessor, and shall carry out all the duties and obligations imposed upon its predecessor as the personal representative, trustee under trust agreement, guardian of minors or incompetents, trustee for bond issue, escrow agent, holder of real estate titles, receiver or agent, as if it had been originally named in the instrument or instruments creating the fiduciary relation.

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2-3-209. Applicability; generally.

The provisions of this act shall not apply to transactions taking place prior to the time when it takes effect.

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2-3-210. Applicability; rules of law and equity.

In any case not provided for in this act, the rules of law and equity, including the law merchant and those rules of law and equity relating to trusts, agency, negotiable instruments and banking, shall continue to apply.

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2-3-211. Interpretation and construction.

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

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2-3-301. Standard for fiduciaries; authority to acquire and retain property and investments.

(a) In acquiring, investing, reinvesting, exchanging, retaining, selling and managing property for the benefit of another, a fiduciary shall exercise the judgment and care of a prudent investor as specified under W.S. 4-10-901 through 4-10-913. (b) Within the limitations of the foregoing standard, a fiduciary may: (i) Acquire and retain every kind of property, real, personal or mixed, and every kind of investment, specifically including bonds, debentures and other corporate obligations, and stocks, preferred or common, which persons of prudence, discretion and intelligence acquire or retain for their own account; (ii) Retain property properly acquired, without limitation as to time and without regard to its suitability for original purchase. (c) Any bank as defined by W.S. 13-1-101 or any trust company formed under W.S. 13-5-102, that is acting as a fiduciary or agent may, in its discretion or at the direction of another person who is authorized to direct the investment of money held by the bank or trust company, invest in the securities of an open end or closed end management investment company or investment trust that is registered under the federal Investment Company Act of 1940, as amended. The bank or trust company, or any affiliate thereof, may provide services to the investment trust or investment company, including acting as an investment advisor, manager, sponsor, distributor, custodian, transfer agent or registrar, and may receive reasonable compensation for the services. Provided, however, that with respect to any funds invested, the bank or trust company or its affiliate shall disclose to the persons to whom statements of the account are rendered consistent with the requirements of W.S. 4-10-802(f).

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2-3-302. Departures from express terms of wills not

authorized; "legal investment" or "authorized investment" construed. Nothing contained in W.S. 2-3-301 through 2-3-305 shall be construed as authorizing any departure from, or variation of, the express terms or limitations set forth in any will, agreement, court order or other instrument creating or defining the fiduciary's duties and powers, but the terms "legal investment" or "authorized investment" or words of similar import, as used in any instrument, shall be taken to mean any investment which is permitted by the terms of W.S. 2-3-301.

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2-3-303. Authority of court to allow deviation from terms.

Nothing contained in this act shall be construed as restricting the power of a court of proper jurisdiction to permit a fiduciary to deviate from the terms of any will, agreement or other instrument relating to the acquisition, investment, reinvestment, exchange, retention, sale or management of fiduciary property.

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2-3-304. Applicability; generally.

The provisions of this act shall govern fiduciaries acting under wills, agreements, court orders and other instruments now existing or hereafter made.

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2-3-305. Applicability; state funds excepted.

Nothing contained in this act shall apply to any funds belonging to the state of Wyoming.

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2-3-401. Short title.

W.S. 2-3-401 through 2-3-403 may be cited as the "Uniform Common Trust Fund Act".

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2-3-402. Authority to establish; purpose.

(a) Any bank or trust company qualified to act as fiduciary in this state may establish and administer common trust funds composed of property permitted by law for investment in trust funds for the purpose of furnishing investments to: (i) Itself as fiduciary; (ii) Itself and others as cofiduciaries; (iii) Any affiliated bank or trust company including any foreign affiliated bank or trust company as fiduciary; (iv) Any affiliated bank or trust company including any foreign affiliated bank or trust company and others as cofiduciaries; or (v) Any combination of the entities listed in paragraphs (i) through (iv) of this subsection. (b) Any bank or trust company may as fiduciary or cofiduciary invest funds which it lawfully holds for investment in interests in common trust funds administered by itself or by any affiliated bank or trust company, if such investment is not prohibited by the instrument, judgment, decree, order, or statute creating or governing the fiduciary relationship, and if, in the case of a cofiduciary, the bank or trust company procures the consent of its cofiduciary in such investment.

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2-3-403. Accounting.

Unless ordered by a court of competent jurisdiction, the bank or trust company operating common trust funds is not required to render a court accounting with regard to these funds, but it may by application to the court secure approval of an accounting on such conditions as the court may establish.

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2-3-404. Common trust fund distinct from participating fiduciaries.

(a) Each common trust fund established hereunder is a separate and distinct entity from the fiduciaries participating in the fund. No fiduciary in administering its and other fiduciaries participation in a common trust fund may be required to make any apportionment or allocation between the principal and income of the fund between the participating fiduciaries different from that made for the common trust fund. (b) No fiduciary participating in a common trust fund, or person having an interest in property invested in the common trust fund, may have or be considered to have any ownership in any particular property of the common trust fund. Each participating fiduciary shall have a proportionate undivided interest in the fund and its income. The ownership of all property of the common trust fund shall be in the trustee of the fund.

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2-3-405. "Affiliated" defined.

For purposes of this article, two (2) or more banks or trust companies are affiliated if they are members of the same affiliated group, within the meaning of section 1504 of the United States Internal Revenue Code.

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2-3-406. Exemption.

The establishment and maintenance of common trust funds under this article are exempt from the provisions of title 17, chapter 4.

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2-3-501. Authorization by court; generally.

Whenever in any estate or guardianship now being administered or that may hereafter be administered, it appears to the court to be for the advantage of the estate or ward to raise money upon a note or notes secured by a mortgage of the real or personal property of any decedent or ward or to make a lease of such real property, or it appears to the court that the homestead of a minor or incompetent is mortgaged and the mortgage thereon is subject to foreclosure, and the guardian does not have sufficient money in the estate of the person to pay the mortgage, the court may as often as occasion therefor shall arise in the administration of the estate or guardianship, on petition, notice and hearing as provided in this article, authorize and direct the executor, administrator or guardian to mortgage the personal or real property, including release and waiver of homestead of the ward, and to execute a note or notes secured by the mortgage, or to lease the real estate, or any part thereof.

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2-3-502. Authorization by court; contents of petition; hearing; objections; terms, etc., of order.

(a) A petition to mortgage or lease under W.S. 2-3-501, or a petition to transfer, sell or assign royalty, overriding royalty, leasehold or other mineral interest, or to lease the mineral interest in the property under W.S. 2-3-503, shall show: (i) The advantage that may accrue to the estate from the lease, mortgage, transfer, sale or assignment; (ii) A general description of the property to be leased, mortgaged, sold or assigned; (iii) The term, rental and general conditions of the proposed lease, transfer, sale or assignment, or the amount, maturity and rate of interest of the proposed mortgage; (iv) The names of the legatees and devisees, if any, and of the heirs of the deceased, or of the minor or incompetent person, lessee, assignee or purchaser, so far as known to the petitioner. (b) Upon the filing of the petition, the court, if it deems the petition sufficient, shall set the matter for hearing and shall direct to what persons and in what manner notice of the hearing shall be given. At the hearing any person interested in the estate may appear and present objections to the proposed lease, mortgage, sale or assignment. If objections are filed to the petition, the court may adjourn the hearing to enable the parties objecting to fully present their reasons and evidence for and against the proposed lease, mortgage, sale or assignment. If no objections are filed, or if upon hearing the objections are deemed insufficient, the court may order the lease, mortgage, transfer, sale or assignment of royalty, overriding royalty, lease or other mineral interest, or lease of the mineral interest in the property, upon the terms, in the amount and for the period as is deemed proper by the court.

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2-3-503. Authorization by court; transfer of mineral interests; terms.

Proceedings may be had in the district court of each Wyoming county in which an estate in probate is being administered or a guardianship proceeding is pending, which involves real property, for authority to transfer, sell or assign royalty, overriding royalty, leasehold or other mineral interest and to lease the mineral content ownership interest in the property of any then deceased person or of any then minor or incompetent person, as distinguished from realty surface leases referred to in W.S. 2-3-501. If it appears to the court that the transfer, sale or assignment of royalty, overriding royalty, leasehold or other mineral interest or execution and delivery of a lease or contract for exploration and development of the affected real property mineral interest of the decedent, minor or incompetent person, will be advantageous to the estate of the decedent, minor or incompetent person the court, may authorize and direct the trustee, executor or administrator of the probate estate or the guardian of the estate of the minor or incompetent person, to transfer, sell or assign the royalty, overriding royalty, leasehold or other mineral interest or to lease the real estate interest or any part thereof for the mineral content purposes stated. Leases may be for primary terms of five (5) years or less as mutually agreed by the parties thereto and for so long thereafter as the mineral content, including but not restricted to oil, gas or other hydrocarbons, shall or can be produced in commercial quantities from the leasehold premises, or for the term of each unit or cooperative agreement to which the lease may be committed with the consent and approval of the court. The lease is not invalid or voidable because its effectiveness may or will extend beyond the term in office of the lessor, trustee, executor, administrator or guardian, or beyond the time of final settlement of the probate estate, or beyond the minority of the minor or the period of incompetency of the incompetent involved. With the consent and approval of the court any royalty, overriding royalty or other mineral interest or a lease may be committed to a unit or cooperative agreement, or to a secondary recovery agreement, for a like term and with like effect.

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2-3-504. Authorization by court; transfer of mineral interests; prior leases validated.

All proceedings of the type herein authorized, which have been heretofore concluded in any court aforesaid, substantially consistent with the procedure herein authorized, and all unexpired leases of the kind specified, previously executed and delivered pursuant to each prior proceeding, substantially in conformity with the provisions hereof, are hereby declared valid, as effectively as if this act had been in force upon the date of each prior proceeding and lease.

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2-3-601. Repealed By Laws 2001, Ch. 11, § 2.

Repealed By Laws 2001, Ch. 11, § 2.

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2-3-602. Repealed By Laws 2001, Ch. 11, § 2.

Repealed By Laws 2001, Ch. 11, § 2.

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2-3-603. Repealed By Laws 2001, Ch. 11, § 2.

Repealed By Laws 2001, Ch. 11, § 2.

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2-3-604. Repealed By Laws 2001, Ch. 11, § 2.

Repealed By Laws 2001, Ch. 11, § 2.

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2-3-605. Repealed By Laws 2001, Ch. 11, § 2.

Repealed By Laws 2001, Ch. 11, § 2.

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2-3-606. Repealed By Laws 2001, Ch. 11, § 2.

Repealed By Laws 2001, Ch. 11, § 2.

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2-3-607. Repealed By Laws 2001, Ch. 11, § 2.

Repealed By Laws 2001, Ch. 11, § 2.

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