Detailed Answer
When you discover a decades-old will in Wyoming, you can still seek probate through the county court. Wyoming law allows courts to admit valid wills regardless of their age if you can prove authenticity and due execution. Follow these steps:
1. Confirm Authenticity and Execution
Ensure the document is the decedent’s final will. Verify it bears the testator’s signature and two witnesses’ signatures. Wyoming Statutes require this in W.S. 2-6-202. If witnesses are alive, have them provide sworn affidavits confirming they saw the signing. If witnesses are unavailable, gather other evidence—such as correspondence or contemporaneous notes—that shows a proper execution.
2. Petition the Probate Court
File a formal petition in the probate court of the decedent’s last county of residence. Include the will (original or copy), a death certificate, a list of heirs and beneficiaries, and any affidavit of identity. The court will assign a case number and schedule a hearing.
3. Admit a Lost or Destroyed Will
If the original will is missing but you have a copy or credible proof, petition under W.S. 2-6-204. Present clear and convincing evidence—such as a certified copy, carbon copy or detailed testimony—to prove the decedent executed and did not revoke the will.
4. Provide Notice
The court requires notice to all interested parties, including heirs-at-law, beneficiaries and creditors. Serve notice personally or by publication if any party cannot be located. Proper notice protects due process and avoids later challenges.
5. Attend the Probate Hearing
At the hearing, the judge reviews the petition, hears evidence and resolves any objections. If the court finds the will valid, it enters an order admitting the will to probate and appointing an executor or personal representative.
6. Administer and Close the Estate
The appointed representative inventories assets, notifies creditors, pays debts and taxes, and distributes remaining property according to the will’s terms. After filing a final accounting and petition for discharge, the court formally closes the estate.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.
Helpful Hints
- Gather all versions of the will—originals, copies, drafts and codicils.
- Locate and interview potential witnesses promptly; memories fade over time.
- Search county records for any prior probate filings or related proceedings.
- Hire a local probate attorney familiar with Wyoming rules and procedures.
- Keep detailed records of notices, affidavits and court filings.
- Check law firm archives or personal files for scanned or digital copies.