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).