Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer: Preparing an Heirship Affidavit in Wyoming
Under Wyoming law, an heirship affidavit lets heirs claim title to personal property without full probate. Wyoming’s statutes at Wyo. Stat. §§ 2-1-501 to 2-1-509 set the requirements.
1. Verify Eligibility
- Decedent must have died more than 30 days ago and less than five years ago.
- All personal property is located in the county of the decedent’s last residence.
- No one disputes the ownership of the property.
- Decedent died intestate (without a valid will) or with a will already admitted to court.
2. Gather Required Information
- Full name, date of death and last residence of the decedent.
- Names, addresses and relationship of each heir.
- Detailed description of personal property (vehicles, bank accounts, household goods, etc.).
- Copy of the death certificate.
- If applicable, a certified copy of the will admitted to record.
3. Draft the Affidavit
The affidavit must include:
- A statement that you are an heir entitled to property under Wyoming law.
- A list of all heirs and their respective shares under Wyo. Stat. § 2-1-502.
- A description of each item of personal property and its location.
- Language confirming no claims or disputes exist.
- Reference to relevant statute: for example, Wyo. Stat. § 2-1-503 for form requirements.
4. Notarize and Sign
All affiants must sign the document before a notary public or county clerk. The notarial certificate should reference Wyoming law.
5. File with the County Clerk
Submit the original affidavit and attachments to the clerk in the county where the decedent resided. Pay any filing fee. The clerk records the affidavit, creating public notice of heirship.
6. Use the Affidavit to Claim Property
After recording, present certified copies to institutions (banks, DMV, etc.) to transfer title or ownership of personal property.
Helpful Hints
- Double-check heir relationships under Wyoming’s intestate succession rules (Wyo. Stat. § 2-1-201 et seq.).
- Include clear, written property descriptions to avoid delays.
- Obtain multiple certified copies of the recorded affidavit for different institutions.
- Contact the county clerk’s office for specific filing fees and formatting requirements.
- Keep all originals and send only certified copies to insurers or financial institutions.