Disclaimer: This information does not, and is not intended to, constitute legal advice. All information is for general informational purposes only.
Detailed Answer
When a homeowner dies intestate (without a will) in Wyoming, state law defines how to transfer title to real property. Two key statutes govern this process:
- W.S. 2-1-102 et seq. – Definitions and rules for intestate succession.
- W.S. 2-1-201 – Distribution of the decedent’s estate when there are surviving descendants and no surviving spouse.
Under W.S. 2-1-201, if a decedent leaves children but no will or spouse, each child inherits an equal share of the estate, including any real property. When multiple heirs exist, the estate’s personal representative (appointed by the court as administrator or administratrix) must follow these steps:
- Open Probate: File a petition in the district court of the county where the decedent lived. The court issues Letters of Administration, granting the personal representative authority to act.
- Notify Creditors and Heirs: Publish notice to creditors and send direct notice to all known heirs. The representative inventories assets, including the home.
- Settle Debts and Expenses: Use estate funds to pay valid claims, funeral costs, and administrative expenses.
- Prepare Final Distribution Plan: Under W.S. 2-1-201, determine each child’s share. For example, if there are three children, each receives one-third of the home.
- Transfer Title: Once the court approves the final distribution, the personal representative executes a “Deed of Distribution.” This deed names the estate as grantor and the heirs as grantees in their respective shares. After signing, the representative records the deed in the county clerk’s office. Recording completes the transfer and updates land records.
By default, heirs hold title as tenants in common—each owns an undivided interest in the entire property. Heirs may agree to sell, buy out one another, or partition the property. If they cannot agree, any heir can file a partition action in district court to force a sale or division of the land.
Helpful Hints
- Gather the decedent’s death certificate and property deed before starting probate.
- Search county records for liens, mortgages, or unpaid taxes attached to the home.
- Consider consulting a probate attorney to ensure court requirements are met.
- Keep open communication with co-heirs to avoid disputes over selling or keeping the home.
- Maintain detailed records of all estate administration steps and court filings.
- Understand that partition actions can be time-consuming and costly.
- After recording the deed, update insurance and tax records in each heir’s name.
- Watch statutory deadlines for filing probate petitions to avoid delays or challenges.