Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
In Wyoming probate proceedings, a personal representative must file a final accounting and petition for distribution by the deadline set under Wyoming law. Under Wyo. Stat. §2-6-115(a), the court typically requires the final accounting within the time specified in the probate order or within one year of appointment. If you cannot meet this deadline, you may petition the court for more time.
To request an extension:
- Prepare a Motion for Extension. Title your document “Motion for Extension of Time to File Final Accounting.” Cite Wyo. Stat. §2-6-115(b) and §2-6-116, which authorize the court to grant additional time upon a showing of good cause.
- Explain the Reason. Briefly describe why you need more time. Common reasons include complex assets, delayed asset valuations, or unresolved creditor claims.
- Propose a New Deadline. State a specific date by which you will file the final accounting. Courts often grant extensions of 30 to 60 days.
- File and Serve. Submit the motion to the clerk of district court in the county handling probate. Serve a copy on all interested parties, including heirs, beneficiaries, and creditors, per local rules.
- Pay Filing Fees. Confirm the current probate fees with the clerk. Fee waivers may apply if you qualify.
- Attend Hearing if Required. Some courts grant extensions by order without a hearing. Others schedule a brief hearing. Bring any supporting documents, such as appraisal reports or creditor correspondence.
- Obtain the Order. Once approved, the court will issue an order extending the deadline. Note the new date and comply strictly to avoid potential removal or surcharge of the personal representative.
Key statutory references:
- Wyo. Stat. §2-6-115 – Final settlement; additional time.
- Wyo. Stat. §2-6-116 – Extensions for cause.
Helpful Hints
- Review local district court probate rules on the Wyoming Judicial Branch website before filing.
- Serve all interested parties promptly to avoid objections based on lack of notice.
- Keep detailed records of asset valuations and creditor communications to support your motion.
- Request only the time you need; courts are more likely to grant reasonable, fact-based extensions.
- Consider consulting a probate attorney if the estate involves real estate, business interests, or contested claims.