Detailed Answer
When a decedent’s will fails to name all heirs or some heirs remain unknown, Wyoming law requires the personal representative to exercise “due diligence” before using publication notice. Due diligence means taking all reasonable steps to locate heirs whose names and addresses are not readily available.
Key Steps Under Wyoming Law
Wyoming Statutes direct the personal representative to provide actual notice to known heirs. If an heir cannot be found after diligent inquiry, the representative must publish a notice of probate proceeding:
- Conduct public record searches: review county birth, marriage, death records and land title transactions to identify potential heirs.
- Examine decedent’s personal papers: check address books, email contacts, social media accounts and tax returns for leads.
- Interview close relatives and acquaintances: ask surviving family members or friends for information about missing heirs.
- Check online databases: use genealogical resources, obituary archives and professional locator services.
If these efforts fail to produce an address, the representative must publish notice in a newspaper of general circulation in the county where probate is filed. See Wyo. Stat. § 2-1-108. Publication runs once a week for three consecutive weeks. The notice alerts unknown heirs that they must respond within the time frame specified by statute.
After publication, unknown heirs are considered to have constructive notice of the proceeding. If they appear later, they may claim their inheritance by petitioning the court. The court will then determine their rights under Wyo. Stat. § 2-6-102 (Intestate Succession) or the will’s terms.
Disclaimer: This article provides general information about Wyoming probate procedures. It does not constitute legal advice. For guidance on a specific case, consult a qualified probate attorney.
Helpful Hints
- Begin your heir search immediately after appointment to meet court deadlines.
- Keep a detailed record of each search effort and any leads followed.
- Maintain copies of all published notices and affidavits of publication.
- Consider hiring a professional genealogist if family history is complex.
- Consult the local probate clerk’s office to confirm publication requirements and deadlines.