Disclaimer: This is general information only and not legal advice. I am not a lawyer. Consult a Wyoming probate attorney or the local probate court for advice about your situation.
Detailed Answer — What documentation you need to prove you are next of kin and to qualify as administrator when reopening a Wyoming estate
If a Wyoming estate needs to be reopened because the original administration was incomplete, assets were discovered, or a personal representative is unavailable or resigned, the county probate court will require proof that you have legal standing. To qualify as the administrator (sometimes called a personal representative), you must show you have the priority right to appointment under Wyoming law and provide the court with clear, certified documentation supporting your family relationship and identity.
Key categories of documents the court typically requires
- Certified death certificate for the decedent. The court will require an official copy issued by the state or local vital records office.
- Proof of your relationship to the decedent — certified vital records such as birth certificates, marriage certificates, adoption decrees, or certified divorce decrees that establish parent, spouse, child, sibling, or other heir status.
- Any existing will or testamentary documents (even if you believe none exists). If a will exists naming an executor, that person usually has primary right to serve; if the executor is unavailable, the court needs proof of that fact.
- Letters, orders, or records from prior probate proceedings — certified copies of the probate file if the estate was previously opened (letters of administration, letters testamentary, final decree, or inventory). If the estate was closed, provide the closing order.
- Affidavit of heirs or heirship — a sworn statement listing the decedent’s surviving relatives, their relationships, and contact information. Courts often accept an affidavit supported by documentary proof when records are missing.
- Proof of identity and residence — government photo ID, social security number, and utility bills or other documents showing your current address as required by the court.
- Proof you can act for the estate — if you are the surviving spouse, child, or next in priority under intestacy rules, show documents proving that status; if you seek appointment over other potential heirs, provide documentation demonstrating priority or a signed waiver from higher-priority heirs.
- Bond information — Wyoming courts often require an administrator bond unless the will waives it or the court excuses it. You’ll need a bonding company and bond amount set by the court.
- Notice documentation — when reopening an estate the court requires notice to interested persons and sometimes publication. Be prepared to provide a proposed notice and proof of service.
How Wyoming courts determine who is “next of kin” and who may be appointed
Wyoming follows statutory priorities for appointment when there is no valid will. The court will consult Wyoming’s probate statutes (intestacy and appointment rules) and appoint the person with the highest priority among interested parties who is willing and qualified to serve. If a previously appointed personal representative resigned, died, or failed to complete duties, the court will reopen the matter and consider successor appointment.
For up-to-date statutory text and guidance, see the Wyoming Legislature statutes and the Wyoming courts’ probate resources:
- Wyoming Statutes (search and browse)
- Wyoming Judicial Branch (probate information and local court contacts)
Common scenarios and the specific documents each requires
- No will, you’re the decedent’s child: certified death certificate; your birth certificate showing parentage (or adoption papers); any siblings’ records if the court needs confirmation of family composition.
- No will, you’re the surviving spouse: death certificate; marriage certificate; divorce decree if prior marriages exist; proof of separation if relevant.
- Will names a different executor who cannot serve: certified will copy; proof the named executor declined, is incapacitated, or cannot be located (affidavit or death certificate); your documentation showing you are next in line.
- Estate already closed but assets found later: certified closing order/letters from prior probate; evidence of newly discovered assets; your proof of kinship and a petition to reopen the estate.
What the petition to reopen and to appoint an administrator usually needs
A petition filed in the county where the decedent’s estate was probated (or where the decedent lived) typically includes:
- Your identity and contact information
- The decedent’s name, date of death, and probate case number (if any)
- The reason the estate must be reopened (new assets, unfinished administration, missing heirs, etc.)
- A statement of your relationship to the decedent and why you seek appointment
- A list of known heirs and their addresses
- Requests for bond waiver or proposed bond amount
- Exhibits: certified death certificate, relationship documents, prior probate orders, and any other supporting evidence
Practical tips for assembling proof
- Order certified copies of records early; vital records offices can take weeks.
- Use certified court copies for any previous probate file records. Most counties keep archived probate files that can be certified by the clerk.
- If original records are missing, prepare sworn affidavits from knowledgeable family members and combine them with secondary documentation (church records, family bibles, school records).
- Contact the county probate clerk before filing to confirm local form requirements, filing fees, and hearing schedules.
- Be prepared to serve notice to all heirs and creditors; keep certificate-of-service documents for your file and the court record.
When a lawyer helps
Complex heirship disputes, missing records, contested appointments, or substantial estate assets usually justify hiring a Wyoming probate attorney. An attorney can help prepare the petition to reopen, assemble certified evidence, calculate bond, serve notice correctly, and represent you at hearings.
Helpful Hints
- Start by requesting a certified death certificate from the state vital records office.
- Collect certified birth and marriage certificates that show your relationship to the decedent.
- Obtain certified copies of any prior probate file or closing order from the county where the estate was handled.
- Prepare an heirs’ affidavit listing everyone with a claim and attach supporting documents.
- Confirm bond requirements with the court—plan and get a bond quote early.
- Check the Wyoming Legislature statutes page for relevant probate rules: https://wyoleg.gov/Legislation/Statutes.
- Use the Wyoming Judicial Branch site to find your local probate court contact: https://www.courts.state.wy.us/.
- If records are missing, collect secondary documents and prepare sworn affidavits to explain gaps.
- Keep copies of every filed document and proof of service; the court will rely on a complete file when deciding appointment.
If you want, provide basic facts about your situation (your relationship to the decedent; whether a will exists or whether the estate was previously probated) and I can outline a targeted list of forms and documents to gather before filing in the Wyoming probate court.