Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a Wyoming attorney to address your specific situation.
Determining If a Probate Estate Has Been Opened in Wyoming
When a person dies owning property in Wyoming, their estate often enters the probate process in district court. Anyone with a potential interest—heirs, creditors or other stakeholders—can verify whether probate has been opened. Below are the primary steps to confirm the existence of a probate estate under Wyoming law.
1. Search the District Court Docket
Wyoming district courts maintain public dockets for all probate filings. To search:
- Visit the local district court clerk’s office in the county where the decedent lived or owned real estate.
- Request to view the probate docket or register of actions for the decedent’s name.
- Look for a caption such as In the Matter of the Estate of [Decedent’s Name] along with a case number.
Under Wyo. Stat. § 2-1-112, all probate proceedings must be recorded by the court clerk. You will find petitions for letters testamentary or of administration, creditor notices and inventories on file. Wyo. Stat. § 2-1-112
2. Use the Wyoming Judicial Branch Online Resources
Many counties offer online case search portals. To use these services:
- Go to the Wyoming Judicial Branch website: https://www.courts.state.wy.us.
- Select “Court Records” or “eFiling/Remote Access.”
- Enter the decedent’s name—first and last—to locate probate filings.
Online dockets will display case numbers, filing dates and document titles. You may need to register for limited access or pay a small fee to view full documents.
3. Check County Recorder or Treasurer Records
In some counties, real estate transfers tied to probate—such as deeds issued by a personal representative—are recorded in the county recorder’s office. While this does not replace a court docket search, it can provide hints:
- Search for a personal representative’s deed recorded after the decedent’s death date.
- Review grantor/grantee indexes for transactions involving the decedent’s estate name.
4. Review the Wyoming Statutes
If you want to understand when probate is required or how it starts, refer to Wyoming’s probate statutes. Key provisions include:
- Wyo. Stat. § 2-1-103 – Petition to open probate and appointment of personal representative.
- Wyo. Stat. § 2-1-112 – Record of probate proceedings and filings.
5. Contact the Clerk of District Court
If online searches yield no results, call or visit the district court clerk’s office. Provide the decedent’s full legal name and date of death. The clerk can confirm whether a probate case exists and supply the case number if available.
Helpful Hints
- Search multiple counties if the decedent owned property in more than one location.
- Verify spelling variations or use partial names to capture all docket entries.
- Ask if the clerk offers electronic copies or certified documents for a fee.
- Remember that informal or small-asset probate proceedings may go by different names in some counties.
- If you find a case number but no online filings, request a paper file review or certified copy from the clerk.