Detailed Answer

This article explains what typically happens in Wyoming if a decedent’s will names one person to serve as personal representative (commonly called an executor) but that person refuses or is unable to serve. It walks through how the court decides who can step in, how you can ask the court to appoint you, and practical steps to move the probate forward. This information is educational only and not legal advice.

How appointment works in Wyoming (basic principles)

When a person dies leaving a will, the will usually names a personal representative. If the named person declines, dies, is incapacitated, or otherwise cannot serve, the probate court will appoint another qualified person. The court’s goal is to appoint someone suitable and available to administer the estate. If the will names an alternate personal representative, the court typically gives effect to that alternate. When the will names no alternate, the court follows statutory priorities and practical considerations to choose a replacement.

Who has priority to be appointed?

Wyoming law gives the court discretion to appoint a suitable personal representative. In practice, priority goes to people with a direct interest in the estate (for example, the surviving spouse or adult children) and to those named in the will as alternates. If the named executor refuses, a close family member who is willing and qualified will often be appointed. To review Wyoming’s probate statutes and local rules, see the Wyoming Legislature website: https://wyoleg.gov and consult the local district court probate information on the Wyoming Judicial Branch website: https://www.courts.state.wy.us.

Typical steps to get appointed when the named executor refuses

1. Confirm the refusal. Ask the person named as executor to provide a written declination or simply confirm in writing (email is often sufficient). A formal renunciation or written statement to the court speeds the process.
2. Locate the original will and gather documents. You will need the original will (or a certified copy), the decedent’s death certificate, and a list of heirs and beneficiaries.
3. File a petition for probate and appointment. File the petition for probate in the district court in the county where the decedent lived. In the petition you can ask the court to admit the will to probate and to appoint you as personal representative. If the named executor has formally declined, attach that declination.
4. Provide notice to interested persons. Wyoming probate practice requires notice to heirs, beneficiaries, and sometimes creditors. The court clerk or local rules will explain required notice procedures and timeframes.
5. Attend any required hearing. If the court schedules a hearing, explain why you are a suitable choice and provide the declination (if any) from the originally named executor. If no one objects, courts commonly appoint the willing person with priority.
6. Obtain Letters Testamentary or Letters of Administration. Once appointed, the court issues documents (often called letters) showing you are the personal representative. Banks and other institutions typically require those letters before allowing you to access estate accounts or transfer assets.

Qualifications and potential disqualifications

The court will not appoint someone who is legally disqualified or unfit. Common disqualifying issues include:

• Felony convictions or other statutory bars (if applicable)
• Conflict of interest that would prevent proper administration
• Incapacity or inability to carry out duties

If you are otherwise qualified and willing, the court will usually appoint you if you have priority (for example, you are a beneficiary or a close heir).

What if the sibling refuses but is hostile or uncooperative?

If the named executor refuses formally, the court process is straightforward. If the named executor is uncooperative (for example, they have taken estate property or refuse to sign bank forms), notify the court. The court can remove an unwilling or unfit executor and replace them. If the named executor is simply unreachable, the court may proceed to appoint someone else after appropriate notice and steps.

Hypothetical example (how it plays out)

Suppose a parent’s will names Alex as executor and names Sam as an alternate, but Alex tells family he does not want to serve. Sam can:

• Obtain Alex’s written declination;
• File a petition in the county district court to admit the will and appoint Sam as personal representative;
• Give required notice to beneficiaries and heirs; and
• Receive Letters Testamentary after the court approves the appointment.

If the will named no alternate and Alex declines, Sam (as a child and beneficiary) can still petition; the court will evaluate Sam’s suitability and the wishes expressed in the will and then appoint Sam if appropriate.

Common questions about bonds, compensation, and waivers

Many wills include a clause waiving the bond requirement for a named personal representative. If the will waives bond, and the court accepts the waiver, you typically do not need to purchase a probate bond. If the will does not waive bond, the court may require one. The court will also set or approve the personal representative’s compensation under Wyoming law or allow the estate to pay customary compensation. If you plan to serve, check the will for a bond waiver and confirm with the court clerk about local requirements.

When to hire an attorney

You may wish to hire an attorney when:

• The named executor objects to being removed or tries to control estate assets;
• There are complex assets (business interests, out-of-state property, or contested claims);
• Heirs dispute the will or the appointment; or
• You want help preparing and filing probate paperwork correctly and promptly.

Helpful Hints

• Get written confirmation of the named executor’s refusal. A simple signed declination speeds court action.
• Locate the original will and multiple copies before filing anything.
• Check the will for a named alternate executor or for a bond waiver clause.
• Contact the county district court clerk where the decedent lived for local probate forms and timelines.
• Prepare a short list of assets, banks, and beneficiaries to attach to your petition.
• Notify heirs and beneficiaries early to reduce surprises and objections.
• Keep careful records of estate transactions once you are appointed. Personal representatives must account for estate property.
• If someone contests the appointment, consider hiring an attorney experienced in Wyoming probate to protect the estate and your interests.

Where to find Wyoming probate rules and forms

Start at these official resources:

• Wyoming Legislature (statutes and law): https://wyoleg.gov
• Wyoming Judicial Branch (court locations, local rules, and forms): https://www.courts.state.wy.us

Disclaimer: This article provides general information about Wyoming probate practice and is not legal advice. Laws and procedures change, and every estate situation is different. Consult a licensed Wyoming attorney or the local probate court for advice about your specific situation.