Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Wyoming attorney.
Quick answer (FAQ style)
If your mother died without a will in Wyoming (died intestate), you generally claim your share by: 1) confirming there is no valid will; 2) locating and valuing her assets and debts; 3) determining whether probate is required; and 4) opening a probate case or using a small‑estate procedure so a personal representative (administrator) can collect assets, pay debts, and distribute the remainder according to Wyoming intestate succession rules. If you and the other heirs agree, some assets can transfer without probate. If there are disputes, complex assets (real estate, business interests), or out‑of‑state heirs or creditors, hire a Wyoming probate attorney to protect your rights.
How intestacy works in Wyoming — the legal framework
When someone dies without a valid will, Wyoming’s probate and intestate succession rules determine who inherits. Intestacy laws set a priority order of relatives (spouse, children, parents, siblings, more remote relatives). These statewide rules are enforced through probate court. For official state materials and statutes, see the Wyoming Legislature (https://wyoleg.gov) and Wyoming Judicial Branch probate information (https://www.courts.state.wy.us/).
Step-by-step: How to claim your share
- Confirm intestacy. Carefully search for a will: check with family members, your mother’s attorney (if known), safe deposit boxes, and any documents she kept. If no valid will is located, the estate is intestate.
- Obtain certified copies of the death certificate. You will need several certified copies to deal with banks, title companies, and government agencies.
- Take an inventory of assets and debts. Identify bank accounts, brokerage accounts, retirement accounts, real estate, vehicles, personal property, and outstanding debts. Note which assets have beneficiary designations or are jointly owned — those may pass outside probate.
- Decide if formal probate is needed. Not all estates require full probate. Small assets or assets with beneficiaries/joint owners may transfer without probate. If the decedent owned real estate solely in her name or significant assets without beneficiaries, probate is usually required to clear title and transfer ownership.
- Use small‑estate procedures when available. Many states offer simplified procedures (affidavit or summary administration) for smaller estates to avoid full probate. Check Wyoming’s court resources or speak with a local attorney to see if your estate qualifies.
- File for probate in the proper Wyoming court. If probate is necessary, file a petition for appointment of an administrator (sometimes called a personal representative) in the county where your mother lived. The court issues letters of administration that authorize the representative to act for the estate.
- Give notice to heirs and creditors. The personal representative must notify known heirs and publish notice to creditors as required by Wyoming law. Creditors have a limited time to make claims against the estate; the administrator reviews and pays valid claims from estate assets.
- Inventory, appraise, and manage estate property. The administrator inventories assets, obtains appraisals if needed, and secures estate property. The administrator pays debts, taxes, and administration expenses before distributing any remainder.
- Distribute the remaining assets under Wyoming intestacy rules. After paying debts and expenses, the administrator distributes what’s left to heirs according to Wyoming’s intestacy order (spouse, children, parents, siblings, etc.). If heirs disagree about property division, the court may resolve disputes or order sale and division of proceeds.
- Close the estate with the court. The administrator files final accounting and petitions to close probate after distributions are complete and the court approves.
Practical example (hypothetical)
Your mother lived in Wyoming and died without a will. She owned a house in her name alone, a checking account, and an old car. She has two adult children (you and a sibling) and no surviving spouse. Because the house is titled only in her name, you likely need probate to transfer title. One of you would petition the local probate court to be appointed administrator, obtain letters of administration, inventory assets, pay any bills or funeral costs from estate funds, and then the court would direct distribution of net estate to both children per Wyoming intestacy rules. If the children agree, the house could be sold and proceeds divided, or one child could buy out the other’s share.
Documents you will commonly need
- Certified death certificate(s)
- Identification for heirs and petitioner
- Title documents (deeds, vehicle titles)
- Account statements (banks, investment, retirement)
- Insurance policies
- Funeral bills and creditor information
- Mortgage statements and property tax records
When you can act without an attorney
For straightforward small estates, uncontested matters, or when you and other heirs agree on disposition, you may be able to use court forms or a small‑estate affidavit to collect accounts and transfer assets. The Wyoming courts’ self‑help materials can point you to appropriate forms and local filing procedures (see Wyoming Judicial Branch: https://www.courts.state.wy.us/).
When to consult a Wyoming attorney
- Disagreements among heirs about who gets what
- Real estate, business ownership, or complex investments
- Large creditor claims or tax issues
- Unknown heirs, contested paternity/adoption issues, or potential fraud
- If you need help with estate administration duties and court filings
Common pitfalls to avoid
- Assuming joint bank account equals full ownership: the type of account or deed language matters.
- Failing to give proper creditor notice — creditors may later assert claims that can disrupt distribution.
- Delaying probate — property titles (especially real estate) may be hard to clear or sell without court authority.
- Agreeing to informal deals without written court approval — that can cause liability if not properly authorized.
Helpful hints
- Start by requesting multiple certified death certificates from the county or state vital records office; you will need them to contact banks and title companies.
- Search for a will at the county courthouse where your mother lived and at her attorney’s office; sometimes wills were filed for safe keeping.
- Gather documentation of assets early — online account logins, statements, and property deeds help speed administration.
- If the estate seems small, ask the court clerk about small‑estate procedures before filing a full probate petition.
- Keep clear records and receipts of all estate transactions — the court and co‑heirs will expect an accounting.
- If you live out of state or heirs live elsewhere, notify them in writing and include contact information to reduce misunderstandings.
Where to find official Wyoming resources
- Wyoming Legislature: https://wyoleg.gov — for statutes and legislative materials
- Wyoming Judicial Branch (probate/self‑help): https://www.courts.state.wy.us/
- Local county clerk or district court — contact the courthouse in the county where your mother lived for local probate forms and filing procedures.
If you want, tell me whether the estate includes real estate, how many heirs there are, or whether there is a surviving spouse, and I can outline the likely order of succession and the next practical steps under Wyoming law.