Can a creditor file a claim after the 90‑day notice period in Wyoming?

Short answer: Sometimes. A late creditor claim can be barred, allowed, or partially paid depending on whether the estate already closed or distributed assets, whether the creditor received proper notice, and whether the court finds good cause to allow the late claim. The probate court has discretionary powers to protect the estate and also to allow relief in appropriate circumstances.

Detailed Answer — how Wyoming handles late creditor claims

This section explains the typical probate process, why a late claim matters, and the practical paths a creditor or personal representative (PR) can take under Wyoming law. This is a general explanation and not legal advice.

1. Why there is a deadline

When someone dies, the personal representative gives notice to creditors so claims can be timely presented. Deadlines protect beneficiaries by allowing the PR to distribute assets without indefinite exposure to new claims. If a creditor files after the notice period ends, the claim may be considered “late.” Whether that claim is enforceable depends on multiple factors.

2. What often happens to late claims

• Barred if estate has been fully settled and closed: If the executor or PR has distributed estate assets, obtained a discharge, or the court has closed the estate after the notice period, late claims are frequently barred. Courts generally prioritize finality for beneficiaries and estates.
• Potentially allowed if the estate still has assets or remains open: If the estate still holds assets or the PR has not fully administered and distributed the property, courts may allow a late claim so creditors are paid in the proper order with other valid claims.
• Allowed for reasons of lack of notice or excusable neglect: If a creditor did not receive proper notice, or can show a good reason (excusable neglect, inability to discover debt, serious illness, misleading information, or other equitable grounds), the court may allow the late claim.
• Secured claims and priority claims: Certain claims (tax liens, secured creditors) may create rights outside ordinary creditor-claim deadlines and could survive a late filing depending on lien status or statutory priority.

3. Practical steps the personal representative should take

1. Do not distribute all assets until you review any late claims. Hold sufficient funds to respond to properly allowed claims.
2. If you receive a late claim, review it promptly. Check if the estate is closed, whether proper notice was given, and whether there are grounds to object.
3. If you believe the claim is barred, file a written objection with the probate court and request the court disallow the claim.
4. If the claim looks valid and the estate has funds, consider negotiating a settlement to avoid litigation and the cost of reopening the case.
5. If you already distributed assets and a valid late claim appears, consult a probate attorney about options such as reopening the estate or using bond/insurance to address the claim.

4. Practical steps a creditor should take if the filing is late

• Contact the personal representative immediately and present documentation supporting the debt.
• Explain any reason you missed the deadline (no notice, illness, or inability to locate the estate) and provide evidence.
• If the PR objects, be prepared to ask the court to allow the late claim and be ready to show equitable grounds or excusable neglect.
• If the estate is closed, determine whether you have other remedies — for example, pursuing the debt against co‑debtors, guarantors, or property that was not properly transferred.

5. Court factors that often shape the outcome

When a court considers a late claim, it typically weighs:

• Whether the creditor received actual or constructive notice of the probate proceeding;
• Whether the estate has already been distributed or closed;
• Whether allowing the claim would unfairly prejudice beneficiaries or other creditors;
• Whether the creditor acted with reasonable diligence and whether there is excusable neglect or unavoidable circumstances;
• Whether statutory exceptions apply (for example, certain tax or secured claims).

6. Possible court orders and outcomes

• The court can disallow the claim and enter an order that the estate owes nothing on it.
• The court can allow the claim in full, partially allow it, or set terms for payment (installments, priority, or conditional allowance).
• The court can reopen a closed estate if there is a compelling reason and equity demands it — this allows the creditor to be paid from remaining or recovered assets.
• The court can require the PR to post a bond or set aside funds when distributing assets if potential late claims exist.

Where to find more information

Wyoming legislative and court resources provide probate rules and general guidance. For statutory language and official county probate procedures, see the Wyoming Legislature website (https://wyoleg.gov/) and the Wyoming Judicial Branch (https://www.courts.state.wy.us/). For county‑specific probate forms or local rules, check the local county court or clerk of court’s web pages.

Helpful Hints

• Document everything: save copies of notices, correspondence, invoices, and proof of delivery or receipt.
• If you are a PR, publish a notice to creditors and send direct notices where possible. Proof of notice helps later if a late claim appears.
• If you are a creditor and you didn’t get notice, gather evidence (address records, communications with the decedent, forwarding address issues) to show you lacked actual notice.
• Act fast on a late claim: a quick, reasonable approach (negotiate or petition the court promptly) increases your chance of recovery.
• Keep estate distributions conservative until you are sure all reasonably discoverable claims are resolved or appropriately reserved for.
• When in doubt, consult a Wyoming probate attorney. The rules and case law can vary by situation and local practice.

Reminder: This summary is educational only and not legal advice. For advice about a specific situation, contact a licensed Wyoming attorney who handles probate or creditor claims.