Steps to Include Real Property in a Wyoming Estate

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your situation.

Detailed Answer

1. Verify Ownership and Title

Start by reviewing the decedent’s deed and any liens or mortgages recorded against the property. Confirm that the real estate was solely in the decedent’s name at death. Obtain a certified copy of the death certificate to accompany your filings.

2. Evaluate Transfer-By-Operation-of-Law Devices

Check if the property passes automatically through joint tenancy, tenancy by the entirety, or a transfer-on-death deed. These instruments may bypass the probate process entirely.

3. Initiate Probate in Wyoming District Court

File a petition for probate in the district court of the county where the decedent resided. If a valid will exists, refer to W.S. § 2-5-101 (Wyoming Probate Code Title 2). If there is no will, request appointment as administrator under W.S. § 2-5-201.

4. Obtain Letters Testamentary or Letters of Administration

After the court approves your petition, it issues letters that empower you to collect, manage and distribute estate assets. Record a certified copy of these letters with the county clerk and recorder to establish your authority.

5. Inventory Estate Assets

Within three months of appointment, file a complete inventory listing all estate property—including real estate with its fair market value—pursuant to W.S. § 2-6-104 (Wyoming Probate Code Title 2).

6. Notify Creditors

Publish notice to creditors in a newspaper of general circulation and mail written notice to known creditors per W.S. § 2-6-101. Proper notice limits personal liability for the estate and ensures timely claim filing.

7. Distribute or Convey the Property

Once debts are settled and the court approves final distribution, prepare and execute a deed transferring title to the beneficiaries. Record the deed along with a certificate of appointment under W.S. § 34-10-101 (Wyoming Real Property Recording).

Helpful Hints

• Hire a qualified appraiser to establish fair market value.
• Maintain meticulous records of all court filings and notices.
• Visit the local probate clerk’s office for standardized forms.
• Obtain title insurance to address title defects early.
• Communicate clearly with beneficiaries to prevent disputes.