Detailed Answer
If you’re an heir in Wyoming and discover assets after an estate has closed, you can ask the district court to reopen the estate and distribute those assets. Wyoming law authorizes reopening a closed estate for “sufficient cause” under Wyo. Stat. § 2-1-104. Follow these steps:
1. Identify the Probate Court
Locate the county district court that handled the original probate. That court retains exclusive jurisdiction to reopen the estate.
2. Draft a Petition to Reopen the Estate
Prepare a formal petition including:
- Decedent’s full name and date of death
- Original estate case number
- Description and estimated value of the newly discovered assets
- Your name, address and proof of relationship (e.g., birth certificate, family tree)
Include a statement explaining why the assets were not administered earlier. Cite Wyo. Stat. § 2-1-104 to show the court’s authority to reopen the estate.
3. Serve Notice to Interested Parties
Under Wyoming law (Wyo. Stat. §§ 2-1-110 – 2-1-112), you must notify:
- All known heirs and beneficiaries
- The personal representative (if still living)
- Any known creditors
Use certified mail or a process server and obtain proof of service.
4. Attend the Reopening Hearing
The court will set a hearing date. At the hearing, provide:
- Evidence of your heir status
- Documentation of the newly found assets (bank statements, deeds, stocks)
- Any creditor claims that may affect distribution
If the judge finds “sufficient cause,” the court issues an order reopening the estate.
5. Administer the Discovered Assets
Once reopened, you must:
- File an amended inventory and appraisement under Wyo. Stat. § 2-1-113
- Notify creditors and pay valid claims
- Distribute the remaining assets according to the original will or state intestacy rules
Helpful Hints
- Visit the Wyoming State Treasurer’s Unclaimed Property site: treasurer.wyo.gov.
- Gather certified copies of death certificates and family records to prove heirship.
- Review the Wyoming Rules of Probate Procedure for filing and service requirements.
- Keep copies of all court filings, notices, and proofs of service.
- Act quickly. Delays can affect your ability to claim new assets.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. You should consult a qualified attorney for advice specific to your situation.