Detailed Answer
In Wyoming, a valid will generally must be in writing, signed by the testator, and witnessed by at least two competent witnesses. See Wyo. Stat. § 2-6-103. Notarization is not required for validity, but witnessing is essential.
If a will was never witnessed or notarized, you have two main paths:
- Determine if it’s a holographic will. Under Wyo. Stat. § 2-6-104, a holographic will—written entirely in the testator’s handwriting and signed—can be admitted without witnesses. If the entire text is in the decedent’s handwriting and bears the signature and date, file a petition for informal probate (see step 3).
- Prove due execution as a formal will. If the document is not fully handwritten by the decedent, you must show the decedent intended it as a will and signed it. Since no witnesses saw the signing, you must:
- Locate any credible witnesses who can testify that the signature is genuine.
- Present handwriting expert reports or affidavit evidence verifying the testator’s signature.
-
File a probate petition.
- Submit the original will and death certificate to the district court in the county where the decedent resided: Probate Division.
- Use the informal probate procedure under Wyo. Stat. § 2-6-202.
- Include affidavits of attesting witnesses or experts if the will lacks formal witnesses.
- Notify interested parties. Wyoming law requires notice to all heirs and beneficiaries as well as publication in a local newspaper. See Wyo. Stat. § 2-6-204.
- Attend the hearing. The court reviews your evidence. If it finds the petition credible, it admits the will to probate and issues letters testamentary or of administration.
Important: An unwitnessed, non-holographic document risks rejection. Courts strictly enforce formalities under Wyoming law.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified probate attorney to discuss your specific situation.
Helpful Hints
- Keep the original will safe and unaltered; courts reject tampered documents.
- Photocopy the will and label copies “Conformed Copy” for distribution.
- Interview potential witnesses immediately to preserve their recollection.
- Gather handwriting samples (letters, checks) if expert opinion is needed.
- File probate promptly; Wyoming imposes no strict deadline, but delays increase conflict risk.
- Consider mediation with heirs if validity is contested to reduce court costs.