Detailed Answer
This article explains how to obtain and use a court-ordered subpoena in Wyoming to gather estate records. A subpoena compels a person or organization to produce documents or testify under oath. In probate cases, you use it to request records held by third parties or files sealed by the court.
1. Determine Whether You Need a Subpoena
Most probate records are public in Wyoming (see Wyo. Stat. § 2-15-105: https://wyoleg.gov/statutes/compress/title2.pdf#page=271). However, some documents—like bank statements or personal financial records—may not be included. If the custodian won’t voluntarily release them, you must issue a subpoena.
2. Prepare the Subpoena
- Obtain a blank subpoena form from the district court clerk in the county handling the estate.
- Complete the heading with the court name, case number and parties.
- Specify the records or testimony you seek with clear, particular descriptions.
- Reference Wyoming Rule of Civil Procedure 45: Rule 45.
3. File and Serve the Subpoena
- File the original subpoena with the probate court clerk.
- Serve a copy on the record holder by personal delivery, certified mail or through a sheriff or process server (see Wyo. Stat. § 1-13-303: https://wyoleg.gov/statutes/compress/title1.pdf#page=149).
- Include required witness fees and mileage. Attach fees when you serve the subpoena.
4. Handle Objections or Motions to Quash
The custodian must comply by the date stated or file a motion to quash with the court. Under Rule 45, the court may modify or quash any subpoena that is unreasonably broad, unduly burdensome or issued for an improper purpose.
5. Use the Records in Probate Proceedings
After you receive the documents or testimony, file certified copies or transcripts with the probate court. Serve all parties and use the evidence at hearings or trial phases of the estate.
Helpful Hints
- Review local probate rules; some counties impose additional procedural steps.
- Be as specific as possible when describing the documents to avoid objections.
- Keep detailed proof of service and fee receipts to verify compliance.
- Contact the probate clerk early to confirm filing deadlines and fee schedules.
- If you expect resistance or complex assets, consider consulting an attorney.
Disclaimer: This blog provides general legal information and does not constitute legal advice. Consult a licensed attorney for advice specific to your situation.