Detailed Answer
When a person dies in Wyoming, determining whether they left a valid will or other estate planning documents requires a systematic search under Wyoming law. A will must meet specific execution and filing requirements to be effective. Here are the key steps:
- Search the county clerk’s records. In Wyoming, individuals may deposit executed wills for safekeeping with the clerk of the district court in the county where they reside. Under W.S. 2-4-113, a custodian who receives a will must file it and index it. Contact the clerk’s office in the decedent’s county of residence and request a search of will books or digital indexes. (W.S. 2-4-113)
- Review probate filings. If someone has already initiated probate, the court docket will list any wills or codicils. Ask the clerk for a copy of the decedent’s probate file. This often reveals whether a will was admitted.
- Contact the decedent’s attorney or law firm. Many people retain an attorney for estate planning. Reach out to attorneys who handled the decedent’s legal matters. Under professional ethics rules, attorneys typically retain original wills unless the client took the document.
- Check safe-deposit boxes. A safe-deposit box may contain signed wills, trusts, or powers of attorney. Obtain a court order or notarized letter from a co-owner or spouse to access the box under federal regulations and Wyoming law.
- Search the decedent’s personal papers. Family members should review home files, desk drawers, mail, email accounts and computer files for certificates of trust, financial powers of attorney or health care directives. Estate planning documents often reside with other important records.
- Verify execution formalities. For a will to be valid under W.S. 2-4-101, the decedent must have signed the will in the presence of at least two credible witnesses over the age of 18. Each witness must sign in the decedent’s presence. (W.S. 2-4-101)
If these searches uncover no documents, the decedent may have died intestate, meaning Wyoming’s laws of intestinal succession will determine asset distribution.
Helpful Hints
- Gather the decedent’s last known address to identify the proper county court.
- Request both hard-copy and electronic records from the clerk’s office.
- Ask family members for any safe-deposit box keys or location details.
- Keep detailed notes and dates of each inquiry for your estate records.
- Consider hiring a probate paralegal or legal investigator if records are hard to locate.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in Wyoming for guidance on specific cases.