Detailed Answer

Under Wyoming law, a minor cannot manage property or money that comes from an estate. The court must appoint someone—either a guardian of the estate or a guardian ad litem—to protect the minor’s interests. Both roles serve to safeguard the minor’s share until they reach the age of majority (18 years old).

When a Guardian of the Estate Is Appointed

A guardian of the estate steps into the minor’s shoes for financial decisions. The guardian may collect assets, invest funds, pay bills and file tax returns on behalf of the minor. This appointment typically occurs when the minor is an heir or beneficiary of a will or intestate estate.

When a Guardian ad Litem Is Appointed

A guardian ad litem has a narrower role. They represent the minor’s legal interests in a specific court case, such as a will contest or trust dispute. They file reports and recommendations with the court but do not handle funds or assets beyond that litigation.

Procedure to Appoint a Guardian or Guardian ad Litem

1. File a petition. Any interested person (often a parent, relative, personal representative or county attorney) files a petition in the county where the estate is being probated. The petition must state the minor’s name, age, relationship to the decedent, and the nature of the estate assets. (See W.S. § 3-1-201.)
2. Serve notice. Wyoming law requires notice to the minor’s parents, the minor (if age 14 or older), the probate personal representative, and other interested parties. (See W.S. § 3-1-202.)
3. Court hearing. The court holds a hearing to evaluate the petition. A judge assesses the minor’s needs, the suitability of the proposed guardian and any objections.
4. Bond and letters of guardianship. If the court approves, the guardian must post a bond to protect the estate against mismanagement. Once the bond is in place, the court issues letters of guardianship or guardianship ad litem, authorizing the guardian to act. (See W.S. § 3-1-206.)
5. Ongoing duties. The guardian of the estate must file annual reports and accountings with the court detailing receipts, expenses and the current value of the minor’s estate. Failure to report may lead to removal. (See W.S. § 3-1-216.)

Statutory Authority

• W.S. § 3-1-201 (2023) – Petition for Appointment of Guardian (Title 3, Chapter 1).
• W.S. § 3-1-202 (2023) – Notice Requirements.
• W.S. § 3-1-206 (2023) – Bond and Letters to Guardian.
• W.S. § 3-1-216 (2023) – Reports and Accountings by Guardian.

Disclaimer: This article provides a general overview of Wyoming law and does not constitute legal advice. For guidance tailored to your situation, consult a licensed attorney.

Helpful Hints

• Start early: Probate can take months. File the petition as soon as possible to avoid delays.
• Gather documentation: Bring certified copies of the decedent’s death certificate, will and the minor’s birth certificate to the petition hearing.
• Consider bonding costs: Bonds may cost 1–3% of the estate value annually. Budget accordingly.
• Keep detailed records: Track every transaction and save receipts for the annual accounting.
• Stay in communication: Keep the minor (if over 14) and parents informed of major financial decisions.