Detailed Answer

When an estate sells real property in Wyoming, the personal representative must follow Wyoming’s probate statutes and court procedures. Heirs play a key role by signing certain authorization forms. These forms ensure the sale proceeds flow smoothly from the estate to the heirs.

1. Petition and Court Order for Sale

Under Wyo. Stat. § 2-1-620, the personal representative petitions the court for permission to sell real property. Heirs may sign:

• Waiver of Notice and Hearing on Petition to Sell Real Estate
  This waiver lets heirs consent to the sale without requiring a formal hearing or notice period under Wyo. Stat. § 2-1-631. It speeds up court approval.

2. Order Authorizing Sale

Once the court issues an Order Authorizing Sale of Real Property, the personal representative can complete the sale. Heirs do not sign the order itself but their waivers and consents support entry of the order.

3. Affidavit of Heirship (Title Clearance)

To clear title after closing, many Wyoming title companies require an Affidavit of Heirship. This document, signed by heirs and usually notarized, identifies the decedent’s heirs and their relationship. It helps market the property and confirm ownership history in public records.

4. Distribution Receipt and Release

After closing, the personal representative holds the sale proceeds in the estate account. To distribute funds, heirs sign a Distribution Receipt and Release form. This form:

• Confirms each heir has received their share.
• Releases the personal representative from further liability for those funds.

Probate courts and local clerks often provide standardized distribution forms (for example, Probate Form PR-600 under Wyoming Judicial Branch probate rules).

5. Waiver of Bond (Optional)

If heirs serve as co-personal representatives or if the will nominates them, they can sign a Waiver of Bond (Wyo. Stat. § 2-1-204) to avoid the requirement that the personal representative post a surety bond.

Helpful Hints

• Consult the local probate court clerk for official Wyoming probate forms (e.g., PR-5, PR-14, PR-600).
• Obtain legal advice when preparing affidavits of heirship to ensure accuracy.
• Use certified funds for distribution checks and get receipts from each heir.
• Record the affidavit of heirship in the county land records to clear title.
• Keep copies of every signed form in the estate file for future reference.