Detailed Answer
Handling an estate that holds assets in more than one Wyoming county—or even in another state—requires careful planning and knowledge of Wyoming’s probate laws. Normally, you open the primary probate case in the county where the decedent was domiciled. Under Wyoming’s Uniform Probate Code (UPC), venue for probate lies in the county of the decedent’s last residence (Wyo. Stat. § 2-6-102). If real property, bank accounts, or other assets lie outside that county or state, you must often file ancillary probate proceedings in each jurisdiction where assets sit. See Wyo. Stat. § 2-6-205.
Step 1: Identify All Assets and Their Locations
- Compile a complete inventory of real estate, bank accounts, securities, vehicles, business interests and personal property.
- Note the county for each Wyoming asset and the state for any out-of-state holding.
Step 2: Open Primary Probate in Wyoming
- File a petition for informal or formal administration in the county where the decedent was domiciled (Wyo. Stat. § 2-6-102).
- Appoint a personal representative and get Letters Testamentary or Letters of Administration.
Step 3: Determine Need for Ancillary Administration
If the estate holds real property or bank accounts in another Wyoming county, the primary probate usually covers them. For assets in other states, file ancillary probate in that state’s courts. Ancillary administration grants authority to transfer or sell property under local law (Wyo. Stat. § 2-6-205; see Uniform Probate Code).
Step 4: Coordinate with Local Counsel
- Hire or consult with attorneys in each jurisdiction to comply with local probate rules and fees.
- Provide certified copies of the primary Letters and death certificate.
- Handle bond requirements, filing fees and local notices as required.
Step 5: Consolidate and Distribute Assets
- Collect proceeds and title transfers from each ancillary case.
- Report all receipts and disbursements to Wyoming probate court.
- Pay creditors and distribute remaining assets to beneficiaries per the will or Wyoming’s intestacy rules (Wyo. Stat. § 2-6-102 through § 2-6-312).
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.
Helpful Hints
- Start early: Ancillary filings in other states can take weeks to process.
- Keep detailed records: Track filing dates, fees and communications in each jurisdiction.
- Use certified documents: Courts typically require certified copies of probate orders and death certificates.
- Watch for tax filings: You may need to file estate tax or income tax returns in states where assets exist.
- Communicate with beneficiaries: Keep heirs informed to reduce disputes and delays.