Detailed Answer
Short answer: You can open probate in Wyoming for a sibling’s estate from another state. Whether you must open probate in Wyoming depends on where your sibling lived when they died and whether they owned real estate or other assets located in Wyoming. If Wyoming is the proper place for probate, you (or someone you appoint) can file in the Wyoming district court for the county where the decedent lived or where their Wyoming property is located. Because you live out of state, most people hire a Wyoming attorney to file paperwork, appear in court if needed, and act as a local contact.
When Wyoming probate is required
- If the decedent was a Wyoming resident at death, the estate normally goes through probate in the district court of the county where they lived.
- If the decedent was not a Wyoming resident but owned real property or certain types of tangible or intangible property located in Wyoming, you may need ancillary probate (a secondary probate) in Wyoming to transfer or clear title to that property.
Who can start Wyoming probate
Commonly, a named executor in a valid will petitions the court to be appointed personal representative. If there is no will (intestate), Wyoming law gives priority among family members; typically a surviving spouse, children, or next of kin (which can include siblings) may petition. If multiple people have the same priority, the court decides who to appoint. Living out of state does not automatically disqualify you from petitioning, but non‑resident appointees sometimes face bond requirements or need a local agent. A Wyoming lawyer can explain how that applies to your situation.
Typical step-by-step process (Wyoming)
- Locate the original will (if any) and obtain multiple certified copies of the death certificate.
- Determine the proper county court: county of decedent’s last residence in Wyoming, or county where Wyoming real property sits.
- Contact the clerk of the district court in that county or a Wyoming probate attorney and request the probate filing packet and current filing fee information.
- File a petition for probate or for appointment of a personal representative. Attach the original will (if any) and death certificate.
- Serve or notify heirs and creditors as the court orders. Wyoming courts require notice to certain persons and sometimes publication for unknown creditors.
- The court will hold a hearing or issue letters testamentary/administration. The appointed personal representative receives official papers (letters) allowing them to act for the estate.
- Collect assets, prepare an inventory, pay debts and taxes, and follow the court’s timeline for accounting and distributions.
- File a final accounting and petition for discharge when distribution is complete.
Common issues for out-of-state petitioners
- Appearance: You may not have to appear in person if you hire a Wyoming attorney to act on your behalf. The court may permit an attorney to handle hearings and filings for you.
- Bond and residency: Courts sometimes require a bond or a local co‑personal representative if the chosen representative lives outside the state. The requirement varies by case; an attorney can request bond waivers when a will waives bond or when the heirs agree.
- Ancillary probate: If the only Wyoming asset is real estate, the court may require an ancillary administration limited to Wyoming property rather than full estate administration.
- Deadlines and notices: Out‑of‑state executors must still meet Wyoming deadlines for filing, notice, and creditor claims. Missing deadlines can make administration more difficult.
Documents and information you should gather
- Original will and any codicils (if applicable).
- Certified death certificate (multiple copies).
- List of known assets and where they are located (bank accounts, real property, vehicles, retirement accounts, life insurance).
- Contact information for heirs, beneficiaries, and known creditors.
- Deeds, titles, account statements, beneficiary designations (if any).
Because procedures and local practices differ by county, contact the district court clerk where you expect to file or retain a Wyoming probate attorney to confirm exact forms, fees, and local rules. For general state resources, see the Wyoming Judicial Branch: https://www.courts.state.wy.us/, and the Wyoming Legislature site for state law materials: https://wyoleg.gov/.
Helpful Hints
- Hire a Wyoming probate attorney if you live out of state. An attorney can file the petition, handle hearings, and represent you in court so you do not have to travel.
- Ask the attorney whether a local co‑personal representative or a bond will be required for a nonresident appointee.
- Order several certified copies of the death certificate immediately. Many institutions require them.
- Check whether the estate qualifies for a simplified or small‑estate procedure in Wyoming (some small estates avoid full probate). Ask the court clerk or an attorney whether you can use a short affidavit process.
- Notify banks, Social Security (if applicable), and creditors promptly. Stop direct deposits only after you confirm proper procedures with the court or counsel.
- Keep careful records and receipts. The personal representative must account for all estate transactions and may need to file an inventory and final accounting with the court.
- If you suspect property or accounts outside Wyoming, identify their locations early; multiple probates or ancillary administrations may be needed.
- Use official online resources: find county court contact information on the Wyoming Judicial Branch site and use the Wyoming State Bar lawyer referral at https://www.wyomingbar.org/ to find counsel.
Disclaimer: I am not a lawyer and this information is general educational guidance, not legal advice. Rules and procedures change and may differ by county and by the specific facts of an estate. For advice tailored to your situation, consult a licensed Wyoming attorney before taking action.