Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified Wyoming attorney for guidance on your specific situation.
Detailed Answer
Unlike some states that refer to “common form” and “solemn form” probate, Wyoming law divides probate into three distinct procedures: summary probate for small estates, unsupervised administration, and supervised administration.
1. Summary Probate (Small Estate Procedure)
Wyoming’s summary probate, governed by Wyo. Stat. § 2-7-101, applies when the decedent’s personal property does not exceed $75,000 in value and there are no real estate interests to transfer. This streamlined process requires a simple petition to the county clerk, a short waiting period, and minimal court involvement. It resembles the “common form” probate in other jurisdictions because it moves quickly and with limited formalities.
2. Unsupervised Administration
Under Wyo. Stat. § 2-6-501 and Wyo. Stat. § 2-6-102, personal representatives may request unsupervised administration for estates of any size. The court appoints a personal representative, but the representative handles inventories, creditor notices, and distributions without ongoing court approval. This option reduces court filings and hearing requirements, similar in spirit to a “common form” probate with fewer procedural steps.
3. Supervised Administration
Supervised administration, outlined in Wyo. Stat. § 2-6-101 et seq., involves greater court oversight. The personal representative must file inventories, accountings, and petitions for distribution. Creditors and heirs may appear at hearings. Courts review each step, resolve disputes, and ensure strict compliance with the Probate Code. This formal process mirrors what some states call “solemn form” probate.
Key Differences
• Court Supervision: Supervised administration requires ongoing judicial approval; unsupervised and summary proceedings do not.
• Estate Size: Summary probate caps out at $75,000 in personal property; formal proceedings (supervised or unsupervised) have no size limits.
• Complexity and Cost: Supervised administration is more time-consuming and costly due to filings and hearings, whereas summary and unsupervised procedures reduce fees and delays.
Helpful Hints
- Verify the total value of personal and real property before choosing summary probate.
- Consider unsupervised administration for estates with few creditors and no disputes.
- Budget for court fees, publication costs, and bond premiums—supervised cases generally cost more.
- Prepare detailed inventories and creditor notices early to meet statutory deadlines.
- Seek legal advice if heirs disagree, assets are complex, or tax issues arise.