Disclaimer: This article provides general information under Wyoming law and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
Under Wyoming law, the court appoints a personal representative (often called an administrator) according to a statutory priority scheme. See Wyo. Stat. § 2-1-103 (link).
Priority of Appointment:
- Surviving spouse who is also a devisee.
- Other devisees.
- Next of kin (children, parents, siblings, etc.).
- Public administrator.
- Creditor of the decedent.
If a higher-priority heir exists, your client can still obtain appointment in these scenarios:
- Renunciation: The higher-priority individual signs and files a formal renunciation under Wyo. Stat. § 2-1-104 (link), removing themselves from the priority list.
- Incapacity or Disqualification: If the heir is mentally incapacitated, a minor, resident outside the United States, or fails to post bond, the court may deem them ineligible. See Wyo. Stat. § 2-1-110 (link).
- Failure to Qualify: Wyoming law gives each heir 40 days after notice to qualify. If they do not, the court moves to the next person on the list. See Wyo. Stat. § 2-1-111.
- Waiver by Consent: All higher-priority heirs sign written waivers consenting to your clients appointment. The court accepts these waivers in lieu of renunciation.
Example: Jane, a distant cousin, seeks appointment as administrator. The decedent leaves an estate to his spouse, who initially qualifies but then formally renounces under Wyo. Stat. § 2-1-104. The children live abroad and never qualify. After 40 days, the court grants Jane appointment subject to bond under Wyo. Stat. § 2-1-118 (link).
Helpful Hints
- Confirm the higher-priority heir signs a written renunciation and files it timely.
- Check the 40-day qualification window; file objections if they miss it.
- Obtain signed waivers from all higher-priority heirs to streamline court approval.
- Prepare to post the required bond under Wyo. Stat. § 2-1-118 if the court demands security.
- Keep clear records of notices, waivers, and court filings to avoid delays.
- Consult an estate attorney to review court rules and local probate procedures.