Detailed Answer
Opening probate in Wyoming begins with filing a formal petition in the district court of the county where the decedent last lived. An “interested party” may include the person named as executor in a will, a close relative, or a creditor. Below is an overview of the key steps under Wyoming law:
- Identify the Proper Venue
File in the district court of the county where the decedent was domiciled at death. See Wyo. Stat. § 2-1-101 (view statute). - Determine Your Status as an Interested Party
Under Wyo. Stat. § 2-6-101 (view statute), interested parties include the named executor, surviving spouse, heirs-at-law, or creditors. - Gather Required Documents
You generally need:- Original death certificate
- Original will (if one exists)
- Preliminary inventory of assets and liabilities
- Prepare and File the Petition
Complete the court’s probate petition form. Include:- Decedent’s full name, date of death, and last address
- Your relationship or claim as an interested party
- Estimate of estate value
- Pay Filing Fees
Fees vary by county but typically range from $80 to $160. Check the district court clerk’s fee schedule. - Attend the Probate Hearing
The court schedules a hearing to:- Confirm the validity of the will (if any)
- Appoint a personal representative (executor or administrator)
- Receive Letters Testamentary or Administration
Once appointed, the court issues official letters. These documents grant authority to manage and distribute estate assets.
For more on the appointment process, see Wyo. Stat. § 2-6-102 (view statute).
Disclaimer: This article provides general information on Wyoming probate procedures and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.
Helpful Hints
- Confirm whether the decedent left a valid will. An original will streamlines the process.
- Check deadlines: Creditors in Wyoming generally have two months from notice to file claims.
- Keep detailed records of all estate transactions and court filings.
- Notify beneficiaries and creditors according to court rules to avoid delays.
- Consider hiring a probate attorney if the estate has complex assets or disputes.