FAQ — Serving as Administrator of an Intestate Estate in Wyoming

Short answer: If your mother died without a will in Wyoming, you can ask the district court in the county where she lived to appoint you as the personal representative (often called an administrator) of her estate. You will file a petition for appointment, provide a certified death certificate and a list of heirs, give required notice, and—unless the court orders otherwise—obtain Letters of Administration that give you authority to collect assets, pay debts, and distribute the estate under Wyoming law.

Detailed answer — step by step

1. Confirm jurisdiction and basic facts

Probate matters in Wyoming are handled by the district court in the county where the decedent was domiciled (lived) at death. Before you file, gather key documents: an official death certificate, any bank or asset records, and information about surviving relatives (spouse, children, parents, siblings). If you are unsure which county is correct, use the court website for guidance: Wyoming Judicial Branch.

2. Who can be appointed?

Wyoming follows a priority system for naming a personal representative. Generally, a surviving spouse has priority if the decedent is survived by a spouse and no adult children of the decedent from another relationship. Adult children, other relatives, or a creditor (if no willing family member steps forward) may be next in line. If multiple people of equal priority apply, the court decides who to appoint. You should confirm priority rules and any disqualifications with the court or an attorney—official statutes and rules are available from the Wyoming Legislature: Wyoming Legislature.

3. Prepare and file the petition

File a sworn Petition for Appointment of Personal Representative (sometimes called Petition for Letters of Administration) with the district court. Typical attachments include:

• Certified copy of the death certificate
• A list or affidavit identifying the heirs and their contact information
• A proposed Order appointing you and proposed Letters of Administration
• Information about estate assets and an estimate of estate value

Check the local district court for required forms and filing fees. Many county courts publish probate forms and instructions on their websites or by request from the clerk.

4. Bond, oath, and potential waivers

The court often requires the personal representative to post a bond to protect the estate against mismanagement. The dollar amount of the bond typically relates to the value of estate assets. In many cases, heirs can sign a waiver of bond (if state law and the court allow) to avoid the bond requirement. Discuss bond details with the court clerk or review local rules before filing.

5. Notice and service

After you file, the court will require notice to interested persons (heirs, beneficiaries, and sometimes creditors). The court may also require publication of notice in a local newspaper. This gives heirs and creditors a chance to object to your appointment or assert claims against the estate.

6. Court hearing and issuance of Letters of Administration

If no valid objections arise (or if the court overrules objections), the judge will issue an order appointing you. The clerk will then issue Letters of Administration — the document banks and other institutions will request to prove your authority to act for the estate.

7. Duties of the administrator

Once appointed, your main responsibilities typically include:

• Inventorying estate assets and filing an inventory if required by the court
• Collecting assets and safeguarding property
• Notifying and paying valid creditors and filing tax returns for the decedent and the estate
• Distributing remaining assets to heirs according to Wyoming intestacy rules
• Keeping clear records and filing accountings if the court requires them

8. Distribution under intestacy

If your mother died without a will, Wyoming’s intestacy rules determine who inherits and in what shares. Typically, assets pass to a surviving spouse and/or children; if none, to parents, then siblings, and so on. Because intestacy rules can affect who must sign waivers (for example, to avoid bond) and how you will distribute assets, consult the Wyoming statutes or court resources for specifics: see the Wyoming Legislature site for the probate and intestacy provisions: Wyoming Legislature.

9. Small estate alternatives

If the estate is small, Wyoming may offer simplified procedures (such as affidavit procedures or small estate administration) that let heirs collect certain assets without formal probate. Limits and procedure vary. Ask the local court clerk or consult Wyoming court resources to see if the estate qualifies.

10. Closing the estate

After paying debts and taxes and distributing remaining property, you file a final accounting or petition for discharge to close the estate. The court will discharge you once it is satisfied that you properly administered the estate.

Helpful links and resources

• Wyoming Judicial Branch (court locations, probate info): https://www.courts.state.wy.us/
• Wyoming Legislature (statutes and how to search for probate/intestacy laws): https://wyoleg.gov/
• IRS — Apply for an EIN for the estate (if needed): https://www.irs.gov/

Helpful Hints

• Contact the district court clerk in the county of the decedent’s residence before filing. Clerks can point you to local forms and explain fees and bond practices.
• Gather and organize documents: death certificate, bank statements, titles, insurance policies, and lists of known creditors and relatives.
• Talk with heirs early. If heirs agree that you should serve and they sign a bond waiver (if allowed), the process will be faster and less expensive.
• Don’t distribute estate assets until you are formally appointed and you understand creditor deadlines. Premature distributions can create personal liability.
• Keep detailed records and receipts for all transactions. You will likely need to file an inventory and final accounting.
• Consider consulting a probate attorney if the estate has complicated assets (real estate in multiple states, ongoing business, significant debts) or if heirs contest the appointment.
• Look for simplified procedures if the estate is small. They can save time and money.

When to get legal help

If anyone contests your appointment, if there are complex assets, or if the estate faces substantial debts or tax issues, you should consult a licensed Wyoming probate attorney. An attorney can prepare pleadings, represent you at hearings, and help you comply with statutory duties.

Disclaimer

This article explains general steps for asking a Wyoming court to appoint an administrator when someone dies without a will. It is for informational purposes only and is not legal advice. Laws and procedures change. For advice about your specific situation, speak with a licensed Wyoming attorney or contact the district court clerk in the county where the decedent last lived.