Disclaimer: This article is for general informational purposes only and is not legal advice. Consult a qualified attorney for guidance on your specific situation.
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Overview of Wyoming Probate Administration
In Wyoming, the personal representative (sometimes called an executor or administrator) manages an estate after someone dies. The process and timeline for appointment follow the Wyoming Decedents Estates Code (Title 2, Chapter 3 of the Wyoming Statutes). Key steps include determining eligibility, filing a petition with the county court, providing notice to interested parties, attending a hearing, and receiving letters of appointment.
1. Determine Eligibility
Under Wyo. Stat. 2 3 3 1 , the following individuals may serve:
- Named executor in a valid will
- Surviving spouse or next of kin, if no will or no executor is named
- Any qualified resident of Wyoming who petitions the court and posts bond if required
2. File a Petition with the County Court
File a formal petition for appointment in the county where the decedent resided. Common filing requirements include:
- Original will (if one exists) and two certified copies of the death certificate
- List of heirs and beneficiaries with their addresses
- Filing fee (check your county court fee schedule)
The petition must comply with Wyo. Stat. 2 3 3 2 1, which establishes county court jurisdiction over probate matters.
3. Provide Notice to Interested Parties
Within 14 days of filing, you must notify all heirs and devisees of the hearing date. You must also publish a notice to creditors in a local newspaper as outlined in Wyo. Stat. 2 3 3 2 2. This allows creditors three months to file claims against the estate.
4. Attend Court Hearing and Obtain Letters
The court will set a hearing, typically 200 days after the petition is filed. At the hearing, the judge will:
- Verify the willif anyand your eligibility
- Review any objections
- Decide on a bond requirement
Once approved, the court issues Letters Testamentary (if theres a will) or Letters of Administration (if no will). See Wyo. Stat. 2 3 3 5 5.
5. Typical Timeline
- Day 0: Decedents date of death
- Days 00: File petition for appointment
- Days 140: Notice to heirs and creditors
- Day 200: Court hearing (varies by county court schedule)
- Day 205: Issuance of Letters of Administration/Testamentary
- Day 90: Deadline for creditors to file claims
Helpful Hints
- Gather a certified death certificate early to avoid delays.
- Prepare a clear heirship list with current addresses.
- Check your county courts local probate fee schedule before filing.
- Publish the creditor notice in a widely circulated newspaper in the decedents county.
- Ask the court clerk for a guide to completing the petition forms.
- Consider bonding requirements; smaller estates may qualify for bond waivers.
- Keep detailed records of all estate transactions from the start.