Detailed Answer
Short answer: If the decedent’s last will is in your possession but you live outside Wyoming, you can still submit (file) the original will with the Wyoming probate court in the county where the decedent was domiciled at death. You normally must file a petition to admit the will to probate, provide a certified copy of the death certificate, and follow the local court’s filing rules (which often allow filing by mail or by an attorney). Always check the specific county probate clerk’s procedures before sending the original.
What law controls where and how to file
Wyoming’s laws governing probate and decedents’ estates are located in Title 2 of the Wyoming Statutes. Those statutes set the appropriate venue (the county where the decedent lived), the required pleadings, and procedures for admitting a will to probate. See Wyoming statutes, Title 2 – Decedents’ Estates: https://wyoleg.gov/Statutes/Title2. You can also find practical filing information and local court contact information on the Wyoming Judicial Branch website: https://www.courts.state.wy.us/.
Step-by-step process (practical steps to follow from out of state)
- Confirm the proper county. File in the Wyoming county where the decedent was domiciled (their permanent residence) at the time of death. If you are unsure, contact the Wyoming probate court clerk or check the decedent’s records.
- Do not alter the original will. Keep the original document intact. Do not detach pages, make marks, or remove any attached exhibits. Courts need the original signature pages and any attestation clauses.
- Make high-quality copies. Make at least two clear photocopies of the original will for your records and for notices that the court may require. Keep the copies separate from the original.
- Obtain the death certificate. Secure a certified copy of the decedent’s death certificate. Most courts require a certified copy when you file a petition for probate.
- Contact the probate clerk before mailing. Call or email the clerk of the appropriate county probate court to confirm: (a) the clerk’s mailing address, (b) required forms (petition to admit will, appointment of personal representative, bond forms), (c) filing fees, and (d) whether the court accepts filings by mail or requires an in-person appearance or local attorney. Many Wyoming counties accept mailed filings; procedures vary by county.
- Prepare the required paperwork. Typical documents include: a Petition for Probate (to admit the will), the original will, a certified death certificate, a proposed order admitting the will, and forms to appoint a personal representative. Some counties have standard probate forms (ask the clerk or check the Wyoming Judicial Branch site).
- Consider using a local attorney. If you cannot travel, a Wyoming-licensed probate attorney can file the petition, appear at any required hearing, and act as your local representative. If you act without an attorney, verify whether the court requires a local agent or in-person attendance for hearings.
- Ship the original securely. If filing by mail, send the original will and any required documents via insured, trackable overnight delivery and request delivery confirmation or return receipt. Include a stamped, pre-addressed envelope if you want the court to return the original or deliver certified copies back to you.
- Serve or notify interested persons. After filing, Wyoming law requires notice to certain interested persons (heirs, beneficiaries, potentially creditors). The court will provide instructions or may require you to provide a mailing list for notices. Follow all notice requirements closely.
- Keep records. Retain copies of everything you send, tracking receipts, and any court-stamped documents returned to you. Get certified copies of the court’s admission order and letters testamentary (or letters of administration) once the court acts—those are often needed to manage assets.
Common issues when filing from out of state
- You may be unable to appear in person for hearings. A local Wyoming attorney can appear for you or the court may allow telephone appearance in some cases.
- If the original will is being held by a bank, attorney, or safe-deposit company, that holder may be able to file the will directly with the court under Wyoming procedures.
- If the will cannot be located, Wyoming courts provide procedures for proving a lost or destroyed will, which have special evidentiary requirements.
- Some county clerks accept electronic or mailed filings; others require in-person submission. Confirm before you send the original.
When to get help from a Wyoming probate attorney
Consider hiring a local attorney if the estate is large, contested, contains real estate in Wyoming, includes complex assets (business ownership, out-of-state assets with Wyoming situs), or if beneficiaries dispute the will. An attorney can prepare pleadings correctly, publish or mail required notices, represent you at hearings, and advise about bonds or waivers the court may require.
Disclaimer: This article is informational only and does not constitute legal advice. For advice about your specific facts, consult a licensed Wyoming attorney.
Helpful Hints
- Call the county probate clerk early to confirm forms, fee amounts, and the clerk’s preferred filing method.
- Always send the original will by insured, traceable mail and request return receipt or use an attorney to hand-deliver.
- Include a certified death certificate—many filings are rejected without it.
- Make and keep clear photocopies before you send the original, and store those copies in a safe place.
- If you expect creditors or disputes, ask the clerk about required notices and publication rules to avoid delays.
- If the will is located in a bank safe-deposit box, the bank’s procedures often control access; the bank may require a court order or presence of a representative to open the box.
- Ask the court whether it issues certified copies of the admission order or letters testamentary; these are often necessary to transfer assets and close accounts.
- If you cannot travel, consider appointing (or asking the court to appoint) a resident personal representative or retain a Wyoming probate attorney to act as your local agent.