How can a potential heir be appointed as administrator when the decedent left no will? Wyoming | Wyoming Probate | FastCounsel
Get Matched
WY Wyoming Probate

How can a potential heir be appointed as administrator when the decedent left no will? Wyoming

August 5, 2025 2 min read

Detailed Answer

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney licensed in Wyoming for guidance on your specific situation.

1. Identify Heirs Under Wyoming Intestacy Law

When a person dies without a valid will in Wyoming, their estate passes by intestate succession. The first step is to identify who qualifies as an heir. Wyoming Statute § 2-1-202 (Wyo. Stat. § 2-1-202) sets a priority list:

  • Surviving spouse
  • Children
  • Parents
  • Siblings
  • Other more remote relatives

2. Petition the District Court for Appointment

An eligible heir may file a Petition for Letters of Administration in the District Court of the county where the decedent resided. The petition must include:

  • Name and residence of the petitioner
  • Relationship to the decedent
  • Estimated value of the estate
  • Nomination of the petitioner or another qualified person as administrator

See Wyo. Stat. § 2-1-204 for forms of letters of administration.

3. Provide Notice to Interested Parties

After filing, the petitioner must give notice to all interested parties (heirs, creditors, and others with a legal interest) as required by Wyo. Stat. § 2-1-302. This ensures transparency and allows objections.

4. Post Bond and Take Oath

The court typically requires the administrator to post a bond to protect estate assets. Bond amounts depend on estate value. The administrator must then take an oath to faithfully perform their duties, as described in Wyo. Stat. § 2-1-205.

5. Receive Letters of Administration

Once the court approves the petition, bond, and oath, it issues Letters of Administration. These letters grant the administrator authority to manage the estate: inventory assets, pay debts, and distribute remaining property to heirs under Wyo. Stat. § 2-3-103 (intestate distribution).

6. Administer and Close the Estate

The administrator must follow court procedures to:

  • File an inventory of assets
  • Notify and pay creditors
  • File tax returns, if required
  • Distribute property to heirs
  • File a final accounting and petition for discharge

After court approval, the administrator is discharged, and the estate is closed.

Helpful Hints

  • Verify heirship before petitioning; a family tree or genealogy report helps.
  • Keep detailed records of all court filings, notices, and estate transactions.
  • Meet notice deadlines to avoid delays or objections.
  • Consult a probate attorney if disputes arise among heirs or creditors.
  • Understand deadlines for creditor claims under Wyo. Stat. § 2-3-107 (Wyo. Stat. § 2-3-107).

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.