Detailed Answer
Under Wyoming law, a personal representative (often called an estate administrator) owes a fiduciary duty to collect estate assets, pay valid debts and expenses, and distribute the remaining property to beneficiaries as directed by the will or by the state’s intestacy rules. The Wyoming Probate Code imposes clear timelines and procedures to ensure beneficiaries receive their inheritance.
1. Understand the administrator’s statutory duties
Wyoming Statute § 2-7-103 outlines a personal representative’s core duties, including asset management, debt payment, and distribution of the estate. If the representative fails to perform these duties, beneficiaries can take court action to enforce them. Wyo. Stat. § 2-7-103
2. Demand an accounting and distribution in writing
Under Wyo. Stat. § 2-7-501, the administrator must give beneficiaries notice of the first accounting within nine months of appointment. Send a written demand (via certified mail) requesting the accounting and specific distribution of your share. Keep proof of delivery.
3. File a petition to compel distribution
If the administrator ignores your demand, you may petition the district court in the county where the estate is probated. Under Wyo. Stat. § 2-6-104, the court can order the personal representative to distribute assets and may set deadlines. Prepare a short petition stating (1) your status as beneficiary, (2) the administrator’s failure to distribute, and (3) the relief you seek.
4. Seek removal or surcharge of the administrator
If misconduct or gross neglect delays distribution, you can ask the court to remove the administrator or surcharge (financially penalize) them for losses to the estate. See Wyo. Stat. § 2-7-105. The court evaluates whether the representative breached fiduciary duties and caused harm to the estate or beneficiaries.
5. Consider mediation or negotiation
Before or alongside court actions, you can propose mediation to resolve disputes faster and with lower cost. Courts often encourage alternative dispute resolution in contested probate matters.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a Wyoming probate attorney to address your specific situation.
Helpful Hints
- Document every communication with the administrator.
- Review the will and any amendments carefully.
- Note key deadlines: nine months for first accounting, one year for final distribution under Wyo. Stat. § 2-6-104.
- File petitions in the correct county probate court.
- Keep copies of all probate filings and court orders.
- Consider hiring a probate attorney if the estate has complex assets or disputes.