Appointment as the personal representative for an intestate estate in Wyoming: what to know

Disclaimer: This is general information and not legal advice. Laws change and every case is different. Consult a Wyoming attorney or the probate court before taking action.

Detailed answer — who can be appointed and how the court decides

When someone dies without a will (intestate) in Wyoming, the court appoints a personal representative (often called an administrator or administratrix) to gather assets, pay debts, and distribute property under Wyoming law. The court gives priority to persons who are entitled to inherit, but the court must also find the nominee is legally qualified.

Key points about qualification and appointment:

• File a petition in the county probate court. The usual first step is to file a petition for appointment of a personal representative in the county where the decedent lived when they died.
• Priority of appointment. Courts generally prefer to appoint a person with highest priority under intestate succession — typically a surviving spouse, then children, parents, siblings, or other next-of-kin if no spouse or children exist. If you are a sibling and there is no surviving spouse, no surviving children, and no surviving parents, you are commonly eligible to be appointed. The court follows Wyoming intestacy rules and priority when multiple people apply.
• Competence and age. The nominee must be an adult of sound mind and legally competent to serve.
• Disqualifications. Persons who are legally disqualified — for example, certain convicted felons, people who would have an adverse interest to the estate, or persons shown to be unfit — may be barred from serving. The court evaluates fitness case-by-case.
• Residency and local agent. Wyoming courts may accept a nonresident personal representative, but practical requirements (bond, counsel, or an in-state agent) can apply. If you live out of state, be prepared to comply with any local requirements the court imposes.
• Bond requirement. The court often requires a surety bond to protect the estate unless the heirs waive bond or the court dispenses with it. The bond amount is typically based on the estimated value of the estate’s assets.
• Notice to interested persons. After a petition is filed, the court will notify heirs and potential creditors and allow time for objections. If someone objects, the court will hold a hearing to resolve the dispute.

Wyoming’s statutory framework for probate and intestate succession is in state law. For general reference to Wyoming statutes addressing decedent estates and administration, see the Wyoming statutes on decedents’ estates (Title 2) at the Wyoming Legislature: https://wyoleg.gov/statutes. For procedural and probate court information, see the Wyoming Judicial Branch probate pages: https://www.courts.state.wy.us/probate/.

Typical court process — step by step

1. Check for a will. Confirm the decedent left no valid will. If a will is found, a different procedure (probate of the will) applies.
2. Collect documents. Obtain the death certificate and basic records (birth/marriage records to prove relationship), and a list of assets and creditors.
3. File the petition. File a petition for appointment of personal representative in the appropriate county probate court. Include names and addresses of known heirs.
4. Provide notice. The court will require notice to known heirs and may require publication for unknown creditors/heirs.
5. Bond and letters. If the court approves, it will issue letters testamentary or letters of administration and set any bond. With letters, the personal representative gains authority to manage estate matters.
6. Administer estate. Inventory assets, pay debts and taxes, and distribute assets according to Wyoming intestacy rules.
7. Final accounting and closing. File required accountings and petitions to close the estate when administration is complete.

Common issues that can complicate appointment

• Multiple people with equal priority who disagree about who should serve.
• Unknown heirs or missing persons who may have a right to appointment.
• Debts, pending lawsuits, or contested claims against the estate.
• Real property in other states — may require ancillary proceedings elsewhere.
• Potential conflicts of interest if a proposed administrator stands to gain personally from decisions the estate maker might have made.

Helpful hints

• Start by contacting the county clerk or probate court where the decedent lived to get local filing forms and fee information.
• Get several certified death certificates — banks and agencies often require originals.
• Gather documentation proving your relationship (birth certificates, family records) before filing.
• Ask heirs in writing if they will waive bond; a written waiver can save time and expense if everyone agrees.
• If the estate is small, ask the court clerk about simplified or summary procedures for small estates in Wyoming that can avoid full probate.
• If others contest your appointment or the estate is complex (real property, business interests, tax issues), consult a Wyoming probate attorney promptly.
• Keep detailed records and receipts — you will have to account for management of the estate to the court and heirs.

For official statutes and detailed statutory language, review the Wyoming Legislature’s statutes (search “probate,” “decendants’ estates,” or “personal representative” on the Wyoming Legislature website): https://wyoleg.gov/statutes. For court-level procedures and local forms, visit the Wyoming Judicial Branch probate resources: https://www.courts.state.wy.us/probate/.

If you want, tell me the county where the decedent lived and whether there is a surviving spouse, children, or parents; I can outline the likely next steps and the local court contact info you should request.