Disclaimer: This article provides general information about Wyoming probate processes. It does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Before you open probate in Wyoming, you must locate and verify the original will and any codicils. The probate court can only admit an original document. Here are the key steps:
- Search Personal Records. Begin with the decedent’s home. Check desks, safes, filing cabinets and personal papers. Wills often sit among estate-planning documents or next to important financial records.
- Contact the Decedent’s Attorney. If the decedent used an attorney for estate planning, ask whether the attorney holds the original will or codicils. Many attorneys file originals or certified copies for safekeeping.
- Review Safe‐Deposit Boxes. Visit local banks where the decedent held accounts. Under Wyoming law, banks will grant access to an executor or family member with a court order. Original wills often reside in safe‐deposit boxes.
- Check Wyoming’s Will Registry. Wyoming allows voluntary registration of wills with the county clerk before death. To search for a registered will, submit a request to the county clerk in the decedent’s county of residence. See Wyo. Stat. Ann. §2-6-721.
- Contact County Clerks. If the decedent lived in multiple counties, contact each clerk. Ask whether anyone filed a deposit of will under Wyo. Stat. Ann. §2-6-702 or registered it under §2-6-721.
- Verify Authenticity. Once you locate a candidate document, confirm it’s the original typed or handwritten will bearing the decedent’s signature and the signatures of two competent witnesses. A self-proving affidavit notarized at signing can speed probate. See Wyo. Stat. Ann. §2-6-702.
- Secure the Document. Keep the original in a sealed envelope or folder. Avoid handling it directly to preserve any seals and signatures. The court will require the original at the probate hearing.
Helpful Hints
- Keep a detailed log of persons you contact and places you search.
- Ask family members for any letters or notes referring to a will’s location.
- Review recent mail for safe‐deposit renewal notices.
- Use certified mail when requesting records from banks or attorneys.
- Consult local court clerks about filing deadlines and required forms.