Disclaimer: This content is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.
Detailed Answer
Under Wyoming law, an estate administrator (also called a personal representative) may be removed if they fail to perform required duties. The Wyoming Uniform Probate Code, adopted in Title 2, Chapter 3, Article 7, sets out the grounds and procedure for removal. See Wyo. Stat. Ann. §§ 2-3-708 to 2-3-709.
Grounds for Removal (Wyo. Stat. Ann. § 2-3-708)
A court may remove an administrator for: misconduct; neglect of duty; refusal to post bond; conflict of interest; failure to account; or wilful mismanagement. You must allege specific facts showing refusal or neglect—for example, missed deadlines for filing inventory or failure to distribute assets.
How to Petition (Wyo. Stat. Ann. § 2-3-709)
1. File a petition in the probate court handling the estate.
2. Identify yourself as an interested party (e.g., beneficiary, heir).
3. Describe the administrator’s failures with dates and documentation.
4. Serve the administrator and all interested parties with notice of the hearing.
5. Attend the court hearing and present evidence of misconduct or neglect.
If the court finds removal justified and in the estate’s best interest, it will enter an order removing the administrator and naming a successor. After removal, the court may surcharge the former administrator for losses caused by their misconduct. See Wyo. Stat. Ann. § 2-3-711 for surcharge rules.
Helpful Hints
- Keep detailed records of every missed filing, communication, and deadline.
- Collect copies of letters or emails you sent to the administrator requesting action.
- Check with the county probate clerk for local petition forms and fee schedules.
- Ask the court clerk about deadlines for filing objections or supporting documents.
- Consider talking to a probate attorney to ensure compliance with procedural rules.