Disclaimer: This information is for educational purposes only and does not constitute legal advice. Always consult a licensed attorney for advice on your specific situation.
Detailed Answer
Under Wyoming law, a surviving spouse can claim a family allowance and exempt property against the decedent’s estate before creditors’ claims are paid. Wyoming Statute Wyo. Stat. § 2-6-201 sets a family allowance (up to $18,000) for the spouse and minor children. Exempt property (up to $30,000) is available under Wyo. Stat. § 2-6-102.
To qualify, the surviving spouse must prove the decedent was lawfully married. A valid marriage certificate serves as primary proof. If the certificate is incomplete or missing, the probate court may delay or deny an allowance until you establish the marriage by alternative evidence.
Effects of an Incomplete or Missing Certificate
- Delay in Distribution: The court may withhold family allowances until it confirms the marriage.
- Risk of Denial: Without proper proof, the spouse risks being treated as a non-spouse heir, which can eliminate the allowance and exempt property rights.
- Disqualification from Intestate Share: If the decedent died without a will, failure to prove marriage can bar the spouse from inheriting under Wyoming’s intestacy rules (Wyo. Stat. § 2-6-103).
Steps to Resolve Missing or Incomplete Certificates
- Request a Certified Copy: Contact the Wyoming Department of Health, Vital Records Services, at https://health.wyo.gov and follow the procedure to obtain a replacement marriage certificate.
- Gather Secondary Evidence: Collect affidavits from the officiant, witnesses, or clergy who performed or attended the ceremony. Include photographs, invitations or venue contracts.
- Petition the Probate Court: File a petition under Wyoming Rules of Probate Procedure to establish the validity of the marriage. Attach all secondary evidence and request a judicial decree confirming the marriage.
- Attend a Hearing: Present your evidence to the judge. Once the court issues an order validating the marriage, lodge it in the estate file.
Helpful Hints
- Act promptly to prevent delays in allowance payments.
- Keep copies of all documents filed with the court and health department.
- Consult the Wyoming probate clerk for local procedures and deadlines.
- Consider hiring a probate attorney if the estate faces complex claims or disputes.
- Verify all witness statements for consistency and accuracy.