How to Request an Estate Accounting During Probate in Wyoming

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Requesting an Accounting During Probate in Wyoming: What Beneficiaries Need to Know

Quick answer

Yes. Under Wyoming probate law, beneficiaries and interested persons generally have the right to ask the probate court to require a personal representative (executor or administrator) to file a full accounting of estate assets, receipts, disbursements, and transactions during administration. If the representative refuses or the accounting appears incomplete or improper, you can petition the court to compel a formal accounting, review the accounts, and seek remedies such as surcharge, removal of the representative, or other relief.

Detailed answer — how it works in Wyoming

This section explains, in plain language, the major steps and legal framework for requesting an accounting during probate in Wyoming. This is a general overview — specifics depend on the facts of any case.

Who can ask for an accounting?

“Interested persons” typically include beneficiaries named in the will, heirs-at-law, creditors with claims, and sometimes others with a direct interest in the estate. If you are a beneficiary or interested person, you generally have standing to request information and to ask the court to order an accounting.

What counts as an accounting?

An accounting is a formal listing of the estate’s financial activity during administration. It normally includes:

  • Inventory of assets at the start (and any later inventory updates).
  • Receipts and credits — funds the estate received, including sale proceeds and income.
  • Disbursements — payments made for debts, funeral expenses, taxes, attorney fees, administrative costs, and distributions to beneficiaries.
  • Current cash balance and a statement of remaining assets.

When is an accounting required?

Wyoming law and probate practice encourage transparency. Some estates are administered informally with periodic reports to the court; others go through a formal administration process that includes a formal account filing. If beneficiaries want a full account, they can request one at any time and may ask the court to require a formal account if the representative’s reports are incomplete, inconsistent, or suspicious.

How to ask the court to demand an accounting

  1. First, request the accounting in writing from the personal representative. A polite written demand often resolves the issue.
  2. If you don’t receive a satisfactory accounting, file a petition or motion with the probate court that opened the estate asking the court to order the representative to file a formal accounting. Include facts showing why you need the accounting (e.g., unexplained transfers, missing records, large payments to third parties).
  3. Serve the petition on the personal representative and other interested persons as required by Wyoming procedure so they have notice and an opportunity to respond.
  4. The court will usually schedule a hearing. The representative must either produce the requested records or explain why a full accounting is not required.
  5. If the court finds the accounting is incomplete or improper, the court can order the representative to provide supplemental accounting, appoint an auditor, limit or surcharge the representative, or even remove the representative in serious cases.

What the court can do if the accounting reveals problems

The court has a range of remedies. If an accounting shows mismanagement, self-dealing, or unexplained losses, the court can:

  • Order repayment or surcharge against the representative’s bond or assets.
  • Award costs and attorney fees to the successful petitioner when appropriate.
  • Remove or replace the personal representative.
  • Require an independent audit or appoint a special fiduciary to take over accounting duties.

Timing and practical considerations

Ask for an accounting early if you suspect problems. Courts balance the need for efficient estate administration against the beneficiaries’ right to oversight. Repeated or frivolous demands can delay administration and might carry sanctions, so be prepared to explain why the accounting is necessary.

Where to find the governing law

Wyoming’s probate and trust statutes govern administration, accounting duties, and the court’s powers. See Wyoming Statutes, Title 2 (Probate and Trust Law) for the statutory framework and specific provisions addressing fiduciary duties, inventories, accounts, and court supervision: Wyoming Statutes — Title 2. For court procedures and local practice, check the local county probate rules or the Wyoming Judicial Branch probate information pages on the courts’ official website.

Important: This is a general overview. The exact procedure and your rights can vary depending on whether the estate is being administered informally or formally and the specific county practice where probate is pending.

Helpful hints

  • Start by making a simple written request to the personal representative asking for an accounting and copies of records (bank statements, receipts, sale documents, tax returns).
  • Keep copies of all correspondence. Written requests and responses create a record for the court.
  • Be specific in your petition to the court: state what you believe is missing or suspicious and what relief you want (e.g., formal accounting, audit, surcharge).
  • Look at the estate file at the probate clerk’s office. Many filed reports, inventories, and accountings are public records and can be inspected without a court order.
  • If the estate is small and informal administration is allowed, the court may require less formal accounting. Ask an attorney whether formal administration makes sense for your situation.
  • Consider mediation or a negotiated resolution if the dispute is mainly between beneficiaries and the representative — courts often encourage resolving disputes without prolonged litigation.
  • If you suspect theft, fraud, or criminal conduct, contact law enforcement in addition to seeking a court accounting.
  • Consult a probate attorney when the accounting is complex, when the representative resists, or if you plan to ask the court for serious remedies like removal or surcharge.

Disclaimer: This article explains general Wyoming probate concepts and procedures. It is educational only and is not legal advice. For advice about a specific situation, consult a licensed Wyoming probate attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.