Detailed Answer — How a Surviving Spouse in Wyoming Can Get Appointed Administrator When the Deceased’s Family Won’t Cooperate
When a spouse dies without a will (intestate) in Wyoming, state law gives priority to certain people to serve as the estate’s personal representative (often called an administrator or administratrix). If the deceased’s family refuses to cooperate, you can still pursue appointment. Below are clear, practical steps you can take, the legal framework to expect, and what to do if the family actively resists.
1. Who has priority to be appointed?
Under Wyoming probate law, the surviving spouse is typically first in line to be appointed as the personal representative of an intestate estate. The court will consider who is legally entitled and willing to serve. For an overview of Wyoming statutes governing probate and intestacy, see the Wyoming Legislature’s statutes online: https://wyoleg.gov/Statutes/ (see Title 2, Probate and Trusts).
2. Where to file
File a petition for appointment of personal representative in the district court of the county where the deceased lived at the time of death. Each county court clerk’s office or the Wyoming Judicial Branch self-help pages can confirm local procedures and forms: https://www.courts.state.wy.us/self-help/.
3. Basic documents you will need
- Certified death certificate.
- Completed petition for appointment (often called Petition for Administration or Petition for Letters of Administration).
- A list of known heirs and their contact information (spouse, children, parents, siblings as applicable).
- Any evidence of your marriage to the decedent (marriage certificate).
- Proof that no valid will exists (or the original will if one exists).
4. Filing the petition
You file the petition with the county district court. The petition asks the judge to appoint you (the surviving spouse) as administrator and to issue Letters of Administration so you can act for the estate (collect assets, pay bills, distribute property). The court will set a hearing date. The clerk will tell you the filing fee and whether a bond is required.
5. Notice rules and what to do if family won’t participate
The court requires that interested parties (heirs and certain creditors) receive notice of the petition. You must provide notice even if family members refuse to cooperate. If you cannot locate an heir or they refuse to accept service, the court allows alternative service by mail or by published notice per the court’s rules. If relatives refuse to sign documents or provide information, note their non-cooperation in your petition and provide whatever documentation you can to the court.
6. Bond and supervision
Court rules commonly require some administrators to post a bond to protect the estate. In many states, courts waive or reduce bond for a surviving spouse who is appointed. Ask the court clerk whether Wyoming’s court will waive bond for you or require a nominal bond.
7. Contested petitions and what to expect
If another person (for example, a blood relative) files a competing petition, the court will hold a hearing and determine who should be appointed based on statutory priority and fitness to serve. If a contest arises because family members allege you are unfit, the court will consider evidence (criminal history, ability to manage the estate, conflicts of interest) before deciding. Bring documentation of your relationship, your willingness to serve, and any steps you have taken to protect estate assets.
8. If the family is hiding assets or creating problems
If family members are taking property, refusing to disclose assets, or otherwise interfering, tell the court immediately and ask for temporary orders. The court can issue temporary letters of administration or emergency injunctive relief to preserve assets until the appointment is resolved.
9. Timeline
Timelines vary by county and by whether the appointment is contested. An uncontested appointment can take a few weeks; a contested matter can take months. Act quickly to ensure you meet deadlines for creditors and to prevent asset dissipation.
10. Practical next steps
- Contact the district court clerk in the county where the deceased lived and request probate intake instructions and forms.
- Gather the documents listed above and prepare a petition for appointment as personal representative.
- File the petition and arrange required notices; ask the clerk about bond and fees.
- Attend the court hearing and bring proof you are the surviving spouse and capable of serving.
- If the family resists, document interference and notify the court; consider asking for temporary letters or other protective orders.
For specific statutes that set out appointment priorities and notice procedures, consult Wyoming’s statute repository (Title 2, Probate and Trusts) at the Wyoming Legislature website: https://wyoleg.gov/Statutes/ and speak with the county clerk or a licensed Wyoming attorney for statute-specific interpretation.
Disclaimer: This article explains general Wyoming probate procedures for educational purposes only. It is not legal advice. For help with your specific situation, consult a licensed Wyoming probate attorney.
Helpful Hints — Practical Tips When Seeking Appointment as Administrator in Wyoming
- Start with the county court clerk. They can provide the correct forms and explain local filing steps.
- Bring certified copies of the death certificate when you file; the court often requires them.
- Prepare a short written timeline of events and a list of assets you know about to attach to your petition.
- If family members refuse to provide information, document attempts to contact them (emails, certified letters). Courts notice non-cooperation.
- Ask whether bond can be waived for a surviving spouse. If not, compare bond quotes from local sureties before purchasing one.
- Keep estate assets secure (change locks on shared homes, secure valuables) and preserve bank statements and bills to show to the court if needed.
- If someone else files a competing petition, attend every hearing and consider limited-scope legal help (consultation or representation for the hearing) if you cannot afford full representation.
- Use free or low-cost resources: the Wyoming Judicial Branch self-help pages and local legal aid organizations can help with forms and basic process questions: https://www.courts.state.wy.us/self-help/.
- When in doubt, hire a probate attorney. Probate has strict timing and notice rules; good legal help can prevent costly mistakes.