Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Probate in Wyoming involves court supervision of a decedent’s estate. The personal representative must file documents with the court and publish notices to creditors. Below are the detailed steps under Wyoming law.
Detailed Answer
Wyoming Statutes Title 2, Chapter 6 governs probate proceedings and creditor notices. Follow these steps to file probate documents and publish creditor notices.
- Prepare the Probate Petition: Gather the original will, certified death certificate, and a list of potential heirs and creditors. Draft a petition for probate naming the personal representative. Review W.S. 2-6-101 et seq. (Title 2, Ch. 6).
- File the Petition: File the petition with the district court clerk in the county where the decedent resided. Pay applicable fees. The court will schedule a hearing if needed.
- Obtain Letters of Administration or Testamentary: After approving the petition, the court issues letters. The personal representative must take an oath and, if required, post a bond per W.S. 2-6-202 (Title 2, Ch. 6).
- Serve Notice to Heirs and Devisees: Within 10 days of appointment, personally serve notice on heirs and devisees. (W.S. 2-6-106: Title 2, Ch. 6).
- Publish Notice to Creditors: Publish a notice once weekly for three consecutive weeks in a newspaper of general circulation in the decedent’s county. Include the decedent’s name, date of death, personal representative’s contact, and claim deadline (at least four months after first publication). (W.S. 2-6-107: Title 2, Ch. 6).
- Mail Notice to Known Creditors: Within 10 days after appointment, mail a copy of the published notice to each known or reasonably ascertainable creditor. (W.S. 2-6-107(c): Title 2, Ch. 6).
- File Proof of Publication and Mailing: File an affidavit of publication and a list of mailed notices with the court after completing publication. (W.S. 2-6-115: Title 2, Ch. 6).
- Wait for the Claim Period: Creditors have four months from the date of first publication to present claims. (W.S. 2-6-110: Title 2, Ch. 6).
- Close the Estate: After resolving approved claims, file a final account, petition for distribution, and distribute assets to heirs. The court then issues an order closing the estate.
Helpful Hints
- Always verify the publication newspaper qualifies under local court rules.
- Keep certified proof of publication and mailing receipts.
- Track all creditor claims and deadlines carefully.
- Consider consulting a probate attorney for complex estates.
- Maintain accurate accounting to streamline final distribution.