Detailed Answer
When someone dies in Wyoming without an existing probate case, you must open a new estate proceeding to settle their affairs. Wyoming follows the Uniform Probate Code under Title 2 of the Wyoming Statutes. Below are the key steps:
- Determine the Need for Probate. Probate applies if the decedent owned real property or significant personal property in Wyoming. Review Wyo. Stat. § 2-5-201 for jurisdiction and venue rules.
- File Your Petition. Choose informal probate if the will is undisputed and heirs agree. For contested or complex estates, request formal probate under Wyo. Stat. § 2-6-101. Submit your petition in the county where the decedent lived or owned property.
- Give Notice to Interested Parties. Wyoming law requires notice to heirs, devisees, and known creditors. You must mail or publish notice following Wyo. Stat. § 2-6-102.
- Submit the Death Certificate and Will. Attach a certified copy of the death certificate and the original will (if one exists) to your petition. The court uses these documents to admit the will to probate.
- Obtain Letters. After approval, the court issues letters testamentary (if there’s a will) or letters of administration (if there’s no will). These letters authorize you to collect assets, pay debts, and manage the estate.
- Inventory and Appraise Assets. File an inventory and appraisal of estate assets within three months. See Wyo. Stat. § 2-6-502 for deadlines and requirements.
- Settle Debts and Taxes. Notify creditors, evaluate claims, and pay valid debts. Wyoming imposes no state inheritance tax, but you may owe federal estate tax.
- Distribute Remaining Assets. After debts and taxes, distribute assets to beneficiaries under the will or under Wyoming’s intestacy rules (Wyo. Stat. § 2-2-101).
- Close the Estate. File your final accounting and petition for discharge. The court reviews your report and discharges you as personal representative, officially closing the estate.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a licensed Wyoming attorney for advice on your specific situation.
Helpful Hints
- Start promptly: Probate timelines in Wyoming can stretch several months.
- Gather documents early: Collect deeds, account statements, and titles to prepare your inventory.
- Keep clear records: Track all expenses, income, and distributions.
- Verify bond requirements: The court may require you to post a bond before issuing letters of administration.
- Consult professionals: Complex estates often benefit from guidance by a Wyoming probate attorney.