Detailed answer — what Wyoming law generally allows and your options

When a person dies, their bank accounts become part of the estate. Under Wyoming probate practice, only an appointed personal representative (often called an executor or administrator) has legal authority to collect estate assets, pay debts from estate funds, and otherwise manage estate property. If a sibling is withdrawing or spending money from the decedent’s account before anyone has been appointed by the probate court, that person usually lacks legal authority to do so and may be personally liable for improper withdrawals.

That said, courts recognize practical concerns, such as preventing foreclosure on a decedent’s home. A family member who uses estate funds to make mortgage payments may argue they acted to preserve estate property and that they should be reimbursed. But that argument is an equitable claim — it does not substitute for court authority. The clean, lawful path is to have the probate court appoint a personal representative who can pay mortgage obligations from estate funds (or arrange continuation of payments) and give formal directions about reimbursements.

Practical steps you can take in Wyoming

1. Contact the bank promptly. Ask whether the account has been frozen, who made withdrawals, and request a complete statement. Banks sometimes freeze a decedent’s account on notice of death, but practices vary. Ask the bank what documentation it requires to release funds to an appointed representative.
2. Ask your sibling for documentation and an explanation. Request written details of each withdrawal and how the funds were used (e.g., mortgage payments). A cooperative exchange can resolve misunderstandings without court action.
3. File for appointment of a personal representative with the local probate court. If you want formal control, make a petition in the county where the decedent lived to be appointed (or to ask the court to appoint someone else). The Wyoming Judicial Branch has probate guidance and local court contacts: https://www.courts.state.wy.us/self-help/probate/ . Once appointed, a personal representative has clear authority to manage accounts and pursue recovery of improper withdrawals.
4. Consider asking the court for emergency relief. If significant estate funds are at risk, you can ask the probate court for temporary protection—such as an order to freeze the account or to require an accounting—while the appointment petition proceeds. The court has inherent powers to preserve estate assets pending full administration.
5. Demand an accounting and repayment. If your sibling already spent estate funds improperly, the appointed personal representative can demand repayment, file a civil claim for conversion or unjust enrichment, and require an accounting for the estate. If you are a beneficiary, you have standing to seek these remedies once you or another party initiates probate.
6. Preservation of proof. Save all communications, bank statements, and proof of mortgage payments. That documentation will be important in probate or civil proceedings.
7. Get legal advice early. Probate and estate disputes hinge on timing and evidence. A Wyoming probate attorney can advise whether an emergency petition, temporary injunction, or a civil claim is the best route in your county.

How courts typically balance competing interests

Wyoming courts handling probate matters try to preserve estate value (for creditors and beneficiaries) and to avoid unnecessary losses like foreclosure. If a sibling used funds to stop foreclosure, a court might allow reimbursement to preserve the estate—especially if the payments were reasonable and well-documented. But a court may also find that unauthorized withdrawals were wrongful and require the withdrawing person to repay or account for the funds. The safe process is to ask the probate court to appoint someone quickly and to seek court authorization for needed actions.

When criminal or statutory bank rules may apply

In rare cases, particularly where a person knowingly takes funds they had no right to, criminal statutes (theft or unlawful taking) or civil claims can apply. Banks also have procedures and deadlines for reversing certain payments; ask the bank what remedies it can provide. If you suspect criminal conduct, discuss it with an attorney and, if appropriate, local law enforcement or the county attorney.

Where to find forms and local rules in Wyoming

Start with the Wyoming Judicial Branch probate resources for forms and court contacts: https://www.courts.state.wy.us/self-help/probate/ . For more detailed statute searches and legislative text, use the Wyoming Legislature site at https://wyoleg.gov/ .

Bottom line: Your sibling generally lacks legal authority to use estate funds before the probate court appoints a personal representative. You can protect the estate by contacting the bank, filing for appointment of a personal representative, asking the court for emergency preservation of assets, demanding an accounting, and, if necessary, bringing a civil claim for recovery. Because probate procedures and remedies are time-sensitive, consult a Wyoming probate attorney promptly if the situation involves significant funds or the risk of foreclosure.

Disclaimer: This article explains general Wyoming probate principles and options. It is not legal advice. For advice about your specific situation, consult a licensed Wyoming attorney.

Helpful Hints

• Immediately request full bank statements for the decedent’s account to see all activity since death.
• If foreclosure is imminent, get a copy of the mortgage statement and contact the mortgage servicer to explain the situation before money runs out.
• File a petition for appointment of personal representative in the decedent’s county as soon as possible. Appointment gives authority to manage funds lawfully.
• Document all communications with your sibling and the bank—dates, amounts, and purposes of payments.
• Ask the bank whether it will place a hold on the account pending probate or will only release funds to an appointed representative.
• Consider mediation if family members are willing; it can be faster and less costly than litigation.
• Act fast—delays can reduce your remedies and increase the chance of estate loss.