How can a potential heir be appointed as administrator when the decedent left no will? Wyoming

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney licensed in Wyoming for guidance on your specific situation.

1. Identify Heirs Under Wyoming Intestacy Law

When a person dies without a valid will in Wyoming, their estate passes by intestate succession. The first step is to identify who qualifies as an heir. Wyoming Statute § 2-1-202 (Wyo. Stat. § 2-1-202) sets a priority list:

  • Surviving spouse
  • Children
  • Parents
  • Siblings
  • Other more remote relatives

2. Petition the District Court for Appointment

An eligible heir may file a Petition for Letters of Administration in the District Court of the county where the decedent resided. The petition must include:

  • Name and residence of the petitioner
  • Relationship to the decedent
  • Estimated value of the estate
  • Nomination of the petitioner or another qualified person as administrator

See Wyo. Stat. § 2-1-204 for forms of letters of administration.

3. Provide Notice to Interested Parties

After filing, the petitioner must give notice to all interested parties (heirs, creditors, and others with a legal interest) as required by Wyo. Stat. § 2-1-302. This ensures transparency and allows objections.

4. Post Bond and Take Oath

The court typically requires the administrator to post a bond to protect estate assets. Bond amounts depend on estate value. The administrator must then take an oath to faithfully perform their duties, as described in Wyo. Stat. § 2-1-205.

5. Receive Letters of Administration

Once the court approves the petition, bond, and oath, it issues Letters of Administration. These letters grant the administrator authority to manage the estate: inventory assets, pay debts, and distribute remaining property to heirs under Wyo. Stat. § 2-3-103 (intestate distribution).

6. Administer and Close the Estate

The administrator must follow court procedures to:

  • File an inventory of assets
  • Notify and pay creditors
  • File tax returns, if required
  • Distribute property to heirs
  • File a final accounting and petition for discharge

After court approval, the administrator is discharged, and the estate is closed.

Helpful Hints

  • Verify heirship before petitioning; a family tree or genealogy report helps.
  • Keep detailed records of all court filings, notices, and estate transactions.
  • Meet notice deadlines to avoid delays or objections.
  • Consult a probate attorney if disputes arise among heirs or creditors.
  • Understand deadlines for creditor claims under Wyo. Stat. § 2-3-107 (Wyo. Stat. § 2-3-107).

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.