Detailed Answer
When a personal representative or executor cannot obtain vital estate documents—such as bank statements, deeds, or insurance policies—from an uncooperative institution, Wyoming law provides tools to compel production. The first step is to secure “letters testamentary” or “letters of administration” from the county probate court. These letters formally appoint you as fiduciary and often persuade institutions to cooperate. If an institution still refuses, you can petition the court for a citation to produce documentary evidence under Wyo. Stat. § 2-1-114. The court will order the institution to deliver the requested records or face contempt proceedings.
For small estates valued under $50,000 in personal property and $150,000 in real property, you may use a Small Estate Affidavit under Wyo. Stat. § 2-1-401 to collect assets without full probate. Submit the affidavit to the institution along with certified copies of the death certificate and any required identification. Some banks will release funds upon receipt of a valid affidavit.
If records remain unavailable, you may issue a subpoena duces tecum under the Wyoming Rules of Civil Procedure Rule 45. This court-ordered document requires the institution to produce specified papers. Failure to comply can result in sanctions.
When real property deeds are missing, file a certified copy of the death certificate and an order for determination of heirs with the county clerk. The clerk can then record the death certificate in the chain of title and issue certified copies to help clear title.
Finally, consider requesting an Order to Show Cause or contempt hearing if noncompliance continues. Courts can impose fines or other penalties to enforce document production. Always keep thorough records of your requests and any correspondence.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in Wyoming for guidance specific to your situation.
Helpful Hints
- Obtain certified copies of letters testamentary before contacting institutions.
- Use Small Estate Affidavits for estates under Wyoming’s thresholds (Wyo. Stat. § 2-1-401).
- File a citation to produce evidence under Wyo. Stat. § 2-1-114 if banks or insurers refuse.
- Prepare a subpoena duces tecum (Wyo. R. Civ. P. 45) for hard-to-reach records.
- Record death certificates with county clerks to maintain a clear chain of title.
- Document all requests in writing and track delivery receipts.
- Consider mediation or alternative dispute resolution before pursuing contempt.