Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Wyoming for guidance specific to your case.
Detailed Answer
1. Open Probate and Appoint a Personal Representative
To begin, an interested party—often a surviving spouse or next of kin—must file a petition for probate in the county where the decedent resided. The court reviews the will (if one exists) and appoints a personal representative (PR).
Citing: Wyo. Stat. § 2-6-108 (Appointment of personal representative). (link)
2. Provide Notice to Creditors
The PR must notify known creditors by mail and publish a general notice in a local newspaper. Creditors then generally have four months from first publication to file a claim.
Citing: Wyo. Stat. § 2-6-107 (Notice to creditors). (link)
3. Inventory and Appraisal of Estate Assets
The PR compiles an inventory of all estate property and obtains fair-market appraisals. This step ensures transparency and establishes asset values before any sale.
Citing: Wyo. Stat. § 2-6-116 (Inventory and appraisal). (link)
4. Prioritize and Pay Claims
Wyoming law sets a priority order for creditor claims. Funeral expenses and administrative costs rank highest, followed by taxes, secured debts, and then general unsecured claims. If estate funds fall short, the PR must sell assets to raise cash.
5. Petition the Court for Authority to Sell
Before selling real or personal property, the PR petitions the probate court for authority. The petition outlines the asset, proposed sales method (public auction or sealed bids) and timing.
Citing: Wyo. Stat. § 2-6-706 (Sale or mortgage of estate property). (link)
6. Conduct the Sale
Once approved, the PR advertises the sale according to local rules. For real property, this often involves public notice in a newspaper for at least two consecutive weeks. Personal property sales require reasonable notice to interested parties.
All sales must fetch fair market value unless the court allows a lower price for practical reasons.
7. Distribute Sale Proceeds
After closing, proceeds flow into the estate account. The PR pays administrative expenses and then distributes remaining funds to creditors in statutory order. Any surplus goes to beneficiaries.
8. Final Accounting and Closing the Estate
The PR files a final accounting with the court detailing receipts, disbursements, and distributions. After court approval, the estate is officially closed.
Helpful Hints
- Start early: Give yourself enough time for notices, appraisals and court hearings.
- Keep clear records: Document every step to simplify the final accounting process.
- Work with professionals: Appraisers, auctioneers and title companies add credibility to sales.
- Communicate with beneficiaries: Open dialogue can prevent disputes over asset values.
- Double-check deadlines: Missing a notice or publication timeline can delay the process.