Detailed Answer
When a person dies, you must file probate or ancillary proceedings in the correct Wyoming county. Venue rules ensure the courts with the strongest connection to the decedent’s estate handle the case. Wyoming’s probate venue rules appear in W.S. 2-1-101 and the ancillary administration provisions in W.S. 2-1-205.
1. Primary Venue: County of Domicile
Under W.S. 2-1-101(a) (see statute), you should open a decedent’s estate in the county where the decedent was domiciled at death. “Domicile” means the decedent’s permanent home—the place they intended to return to whenever absent.
Key factors for domicile include:
- Last permanent address on driver’s license or tax returns.
- Location of family, bank accounts, or primary real property.
- Statements in wills or estate planning documents.
2. Secondary Venue: County of Property Location
If the decedent had no clear Wyoming domicile, or if they owned real or tangible personal property in a different county, you may file in the county where the property lies. See W.S. 2-1-101(b). For example, if the decedent lived in Laramie County but owned a ranch in Teton County, you could open ancillary probate in Teton County to handle that ranch.
3. Ancillary Administration and Transfers
When a decedent’s primary estate is probated elsewhere, Wyoming courts allow ancillary proceedings for property within the state. Under W.S. 2-1-205 (see statute), you may petition in the county where that property is located to: transfer title, distribute personalty, or satisfy creditor claims. You must attach certified copies of the foreign letters testamentary or of administration.
4. Changing Venue
If you file in the wrong county, Wyoming courts may transfer the case to the correct venue. You or an interested party can file a motion citing W.S. 2-1-106, requesting the clerk of district court move the case. The court will review the decedent’s domicile and property connections before ordering the transfer.
Helpful Hints
- Review the decedent’s last tax return and voter registration to confirm domicile.
- Check county assessor records to locate real and personal property.
- Obtain certified copies of death certificates and foreign probate letters for ancillary filings.
- Consult local clerks for filing fees and required forms.
- Act promptly—creditors in Wyoming must file claims within two months of notice.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.