Detailed Answer
The probate process in Wyoming begins when someone files the decedent’s will (if there is one) and a petition for appointment of a personal representative (called an executor or administrator). The court issues Letters Testamentary or Letters of Administration, granting the representative legal authority to collect assets, pay debts, and distribute funds.
To access a deceased person’s bank account during probate, the personal representative must present the bank with:
- A certified copy of the death certificate
- Letters Testamentary or Letters of Administration issued by the court
- Valid personal identification
Once the bank verifies these documents, it will allow the representative to withdraw or transfer funds on behalf of the estate.
Small Estate Affidavit
If the total value of the decedent’s personal property (including bank accounts) does not exceed the statutory threshold, you may avoid formal probate by using a small estate affidavit. Under Wyo. Stat. § 2-6-103 (Title 2, Chapter 6, Article 1), an heir or beneficiary can submit a sworn affidavit listing the estate’s assets and affirming eligibility. After a waiting period for creditor claims, the bank can release up to the statutory limit directly to the affiant.
Joint and Payable-On-Death Accounts
Not all accounts pass through probate. Funds in joint tenancy accounts automatically go to the surviving owner. Payable-on-death (POD) or transfer-on-death (TOD) designations pass directly to named beneficiaries. In these cases, the surviving party or beneficiary provides the bank with a death certificate and identification to claim the funds without probate.
Paying Debts and Distributing Assets
After collecting all assets, the personal representative must notify known creditors and publish a notice to creditors as required by Wyo. Stat. § 2-5-103 (Title 2, Chapter 5, Article 1). Valid claims get paid from estate funds. Once debts and taxes are settled, the representative prepares an accounting for the court. After court approval, remaining funds can be distributed to beneficiaries according to the will or Wyoming’s intestacy rules.
Helpful Hints
- Contact the bank early to learn its probate requirements and forms.
- Order multiple certified copies of the death certificate from the Wyoming Vital Statistics Office.
- Maintain organized records of all withdrawals, deposits, and communications.
- Assess whether a small estate affidavit is available to speed up access to funds.
- Work with a probate attorney if the estate is complex or there are disputes among heirs.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Wyoming to address your specific situation.