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Detailed answer — what matters under Wyoming law

To decide whether an asset must appear on an inventory, you need to determine whether the asset was part of the decedent’s probate estate. Probate estate assets are those owned solely by the decedent at death and subject to administration in probate. Nonprobate transfers bypass probate and pass directly to another person by operation of law or contract. Common nonprobate examples include:

• Bank or investment accounts titled as joint tenants with right of survivorship;
• Real estate held as joint tenants with right of survivorship (or community property with right of survivorship, where used);
• Accounts or real property with a payable-on-death (POD) or transfer-on-death (TOD) designation;
• Life insurance or retirement accounts with valid named beneficiaries.

Because these assets pass automatically to the surviving owner or beneficiary, they typically are not part of the property that the personal representative must collect and distribute under probate. Courts and estate forms usually draw the same distinction. For Wyoming statutes and general probate rules, see the Wyoming Legislative site (https://wyoleg.gov) and the Wyoming Judicial Branch (https://www.courts.state.wy.us/) for local probate procedures and forms.

Why you might still list or disclose survivorship assets

Even though survivorship assets usually avoid probate, there are reasons to document them:

• Transparency: The court or interested parties (heirs, beneficiaries, creditors) may need a record of both probate and nonprobate transfers to resolve estate issues.
• Creditor claims: If a creditor claims the asset should be part of the probate estate (for example, alleging the joint title was created to hide assets), the court may need to review the account or deed.
• Title ambiguity: If account or deed language is unclear, a bank, title company, or court may require proof of whether the asset actually passed outside probate.
• Accounting: The personal representative’s accounting may list excluded items to show what was not distributed from the probate estate.

Practical steps to take

1. Confirm title and beneficiary designations. Get copies of account statements or deeds showing how the property was titled at death.
2. Talk with the personal representative (executor/administrator). Tell them about the survivorship assets so they can decide whether to disclose them and how to account for them in the estate documents.
3. Ask the institution for guidance. Banks, brokerages, and title companies can tell you what they require to transfer ownership and whether they consider the item outside probate.
4. Keep records. Keep certified copies of the death certificate and the decedent’s title documents to show the transfer happened automatically.
5. Consider contested situations. If heirs or creditors dispute the survivorship transfer, consult a Wyoming probate attorney promptly.

Hypothetical examples

Example 1 — Joint bank account: An account titled “A and B, JTWROS” (joint tenants with right of survivorship) will pass to the surviving joint owner (B) at A’s death. The account usually is not a probate asset and need not be included on the probate inventory, though its existence is often disclosed.

Example 2 — Real estate with survivorship deed: If a home was held as joint tenants with right of survivorship, title transfers to the survivor immediately at death and the property usually is not part of probate. If the deed is ambiguous or a creditor claims the transfer was improper, the court may require the property to be examined or listed.

When a survivorship asset might have to be included

• If title was not actually held in survivorship form at death (e.g., records show sole ownership), then the asset is part of probate and must be inventoried.
• If the surviving owner merely appears on the account as an authorized signer (not a joint owner), the asset remains part of the decedent’s estate and must be listed.
• If the court orders disclosure during litigation over the estate or creditor claims, the asset may need to be listed or documented for the record.

Because Wyoming probate rules and local practice can vary, the personal representative should review applicable Wyoming statutes and local court rules or consult counsel. See the Wyoming Legislature website (https://wyoleg.gov) for the state statutes and the Wyoming Judicial Branch (https://www.courts.state.wy.us/) for court forms and procedural guidance.

Helpful hints

• Obtain certified death certificates before approaching banks or title companies — most institutions require them.
• Collect account statements and deeds that show how each asset was titled at the decedent’s death.
• Different institutions use different rules for transfer — ask each one what documentation they require to release funds or change title.
• Keep a written inventory of nonprobate transfers even if you don’t file them with the probate court. That helps prevent future disputes.
• If creditors or heirs contest the transfer, preserve all records and seek legal advice promptly.
• When in doubt, disclose. Listing a nonprobate item as “excluded — transferred by survivorship” is a common way to be transparent without claiming it as a probate asset.