Wyo. Stat. § 2-3-503 — WY Code / Title 2 / Chapter 3 / Section 2-3-503
§ 2-3-503. Authorization by court; transfer of mineral interests; terms
Status: in_force

Proceedings may be had in the district court of each Wyoming county in which an estate in probate is being administered or a guardianship proceeding is pending, which involves real property, for authority to transfer, sell or assign royalty, overriding royalty, leasehold or other mineral interest and to lease the mineral content ownership interest in the property of any then deceased person or of any then minor or incompetent person, as distinguished from realty surface leases referred to in W.S. 2-3-501 . If it appears to the court that the transfer, sale or assignment of royalty, overriding royalty, leasehold or other mineral interest or execution and delivery of a lease or contract for exploration and development of the affected real property mineral interest of the decedent, minor or incompetent person, will be advantageous to the estate of the decedent, minor or incompetent person the court, may authorize and direct the trustee, executor or administrator of the probate estate or the guardian of the estate of the minor or incompetent person, to transfer, sell or assign the royalty, overriding royalty, leasehold or other mineral interest or to lease the real estate interest or any part thereof for the mineral content purposes stated. Leases may be for primary terms of five (5) years or less as mutually agreed by the parties thereto and for so long thereafter as the mineral content, including but not restricted to oil, gas or other hydrocarbons, shall or can be produced in commercial quantities from the leasehold premises, or for the term of each unit or cooperative agreement to which the lease may be committed with the consent and approval of the court. The lease is not invalid or voidable because its effectiveness may or will extend beyond the term in office of the lessor, trustee, executor, administrator or guardian, or beyond the time of final settlement of the probate estate, or beyond the minority of the minor or the period of incompetency of the incompetent involved. With the consent and approval of the court any royalty, overriding royalty or other mineral interest or a lease may be committed to a unit or cooperative agreement, or to a secondary recovery agreement, for a like term and with like effect.
Wyo. Stat. § 2-15-101 — WY Code / Title 2 / Chapter 15 / Section 2-15-101
§ 2-15-101. Court may appoint agent to care for property
Status: in_force

When any estate is assigned or distributed by a judgment or decree of the court to any person residing out of and having no agent in this state, and it is necessary that some person be authorized to take possession and charge of the estate for the benefit of the absent person, the court may appoint an agent for that purpose and authorize him to take charge of the estate as well as to act for the absent person in the distribution.
Wyo. Stat. § 2-3-805 — WY Code / Title 2 / Chapter 3 / Section 2-3-805
§ 2-3-805. Notice of proposed action; objections of beneficiary; liability of trustee; proceedings
Status: in_force

(a) Unless a trust instrument requires otherwise, a trustee may give notice of proposed action regarding a matter governed by this act as provided in this section. For the purpose of this section, a proposed action includes a course of action and a decision not to take action.

(b) If a trustee elects to give notice under this section, the trustee shall mail notice of the proposed action to all beneficiaries who are receiving, or are entitled to receive, income under the trust or to receive a distribution of principal if the trust were terminated at the time the notice is given.

(c) Notice of proposed action need not be given to any person who consents in writing to the proposed action. The consent may be executed at any time before or after the proposed action is taken.

(d) The notice of proposed action shall state that it is given pursuant to this section and shall state all of the following:

(i) The name and mailing address of the trustee;

(ii) The name and telephone number of a person who may be contacted for additional information;

(iii) A description of the action proposed to be taken and an explanation of the reasons for the action;

(iv) The time within which objections to the proposed action can be made, which shall be at least thirty (30) days from the mailing of the notice of proposed action; and

(v) The date on or after which the proposed action may be taken or is effective.

(e) A beneficiary may object to the proposed action by mailing a written objection to the trustee at the address stated in the notice of proposed action within the time period specified in the notice of proposed action.

(f) Except for good cause shown, a trustee is not liable to a beneficiary for an action regarding a matter governed by this act if the trustee does not receive a written objection to the proposed action from the beneficiary within the applicable period and the other requirements of this section are satisfied. If no beneficiary entitled to notice objects under this section, the trustee is not liable to any current or future beneficiary with respect to the proposed action.

(g) If the trustee receives a written objection within the applicable period, either the trustee or a beneficiary may petition the court to have the proposed action taken as proposed, taken with modifications, or denied. In the proceeding, a beneficiary objecting to the proposed action has the burden of proving that the trustee's proposed action should not be taken. A beneficiary who has not objected is not estopped from opposing the proposed action in the proceeding. If the trustee decides not to implement the proposed action, the trustee shall notify the beneficiaries of the decision not to take the action and the reasons for the decision, and the trustee's decision not to implement the proposed action does not itself give rise to liability to any current or future beneficiary. A beneficiary may petition the court to have the action taken, and has the burden of proving that it should be taken.
Wyo. Stat. § 2-7-307 — WY Code / Title 2 / Chapter 7 / Section 2-7-307
§ 2-7-307. Special administrator; rendition of account
Status: in_force

The special administrator shall render an account, on oath, of his proceedings, in like manner as other personal representatives are required to do.
Wyo. Stat. § 2-3-109 — WY Code / Title 2 / Chapter 3 / Section 2-3-109
§ 2-3-109. Ordering sureties to appear for property value examination; notice to personal representatives; requiring additional security
Status: in_force

Before any bond is approved and after its approval, the officer whose duty it is to approve the same, of his own motion or upon the motion of any person interested in the estate, supported by affidavit that the sureties or one (1) or more of them are not worth as much as they have justified to, may order the sureties to appear before him at a designated time and place to be examined touching their property and its value. The officer shall, at the same time, cause a notice to be issued to the personal representative requiring his appearance at the examination. If, upon examination of the sureties and the witnesses who appear, the officer is satisfied that the bond is insufficient, he shall require additional security.
Wyo. Stat. § 2-7-802 — WY Code / Title 2 / Chapter 7 / Section 2-7-802
§ 2-7-802. Expenses of administration; standard; how paid
Status: in_force

(a) The personal representative is authorized to incur and pay at any time, subject to approval upon hearing his final report and accounting, all reasonable and necessary expenses in the care, management and settlement of the estate. The personal representative's authorization shall be exercised with the judgment and care under the circumstances then prevailing which men of prudence, discretion and intelligence exercise in the management of their own affairs. Subject to the foregoing standard, the expenses may include but are not limited to services relating to:

(i) Bank accounts and safekeeping facilities;

(ii) Appraisals;

(iii) Surveys;

(iv) Title and lien searches and certifications as to real or personal property;

(v) Sales of real property and personal property, including broker's commissions, premiums for title insurance, services in connection with abstracts of title and auctioneer's fees;

(vi) Maintenance, repair, care and protection of estate assets, including such expenses as are normally incident to crops and livestock;

(vii) Property insurance of all types and liability insurance;

(viii) Events incident to distribution of estate assets, such as stock transfer fees and other normal expenses incident to transfer of title;

(ix) Preparation of all necessary tax returns and reports, and audit proceedings in connection therewith, relating to the decedent and the estate and the distribution of the estate;

(x) Publications and mailings;

(xi) Location and identification of heirs and beneficiaries; and

(xii) Expenses, fees and costs of ancillary administration in a state other than Wyoming.

(b) Except as otherwise directed by the decedent's will, the expenses shall be paid first out of income of the estate received by the personal representative, then from the residue of the estate.
Wyo. Stat. § 2-6-204 — WY Code / Title 2 / Chapter 6 / Section 2-6-204
§ 2-6-204. Proof; self-proving will
Status: in_force

A will executed in compliance with W.S. 2-6-114 shall be probated without further proof.
Wyo. Stat. § 2-16-112 — WY Code / Title 2 / Chapter 16 / Section 2-16-112
§ 2-16-112. Application of act
Status: in_force

This act applies to registrations of securities in beneficiary form made before or after July 1, 1993, by decedents dying on or after July 1, 1993.
Wyo. Stat. § 2-16-109 — WY Code / Title 2 / Chapter 16 / Section 2-16-109
§ 2-16-109. Protection of registering entity
Status: in_force

(a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this act.

(b) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this act.

(c) A registering entity is discharged from all claims to a security by the estate, creditors, heirs or devisees of a deceased owner if it registers a transfer of the security in accordance with W.S. 2-16-108 and does so in good faith reliance (1) on the registration, (2) on this act, and (3) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity. The protections of this act do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this act.

(d) The protection provided by this act to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
Wyo. Stat. § 2-1-201 — WY Code / Title 2 / Chapter 1 / Section 2-1-201
§ 2-1-201. Payment of indebtedness and delivery of tangible personal property or instruments evidencing debt
Status: in_force

(a) Not earlier than thirty (30) days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or the instrument evidencing the debt, obligation, stock or chose in action to the person or persons claiming to be the distributee or distributees of the property or the attorney for the distributee or distributees, upon being presented an affidavit, filed as provided by subsection (c) of this section, made by or on behalf of the distributee or distributees stating:

(i) The value of the entire estate located in Wyoming subject to administration, either testate or intestate, less liens and encumbrances, does not exceed two hundred thousand dollars ($200,000.00);

(ii) Thirty (30) days have elapsed since the death of the decedent;

(iii) No application for appointment of a personal representative is pending or has been granted in any jurisdiction in this state;

(iv) The person or persons claiming to be a distributee or distributees are entitled to payment or delivery of the property of the decedent; the facts concerning the distributee's or distributees' relationship to the decedent and concerning the legal basis upon which the distributee or distributees claim entitlement to such property, including facts regarding any intervening estates or other parties who may have a claim of entitlement from the decedent and from whom the applicant distributee or distributees claim and that there are no other distributees of the decedent having a right to succeed to the property under probate proceedings in any jurisdiction; and

(v) If an application for appointment of a personal representative has been made in a jurisdiction outside of Wyoming:

(A) The name and address of the proposed or appointed personal representative, the date of the application and the date of any appointment; and

(B) The title of the proceedings and name of the court and jurisdiction in which the application was made.

(b) The transfer agent for any security shall change the registered ownership on the books of a corporation from the decedent to the distributee or distributees upon presentation of an affidavit as provided in subsections (a) and (c) of this section.

(c) When the affidavit is filed with the county clerk and a certified copy is presented to any person with custody of the decedent's property or a holder of the decedent's property, the affidavit shall be honored and have the effect as provided in this section and W.S. 2-1-202 .

(d) The county clerk of the county in which any vehicle is registered shall transfer title of the vehicle from the decedent to the distributee or distributees upon presentation of an affidavit as provided in subsection (a) of this section.

(e) Upon presentation of an affidavit as provided in this section, a person with custody of the decedent's property or a holder of the decedent's property shall pay or deliver any of the decedent's property held or on deposit in the sole name of the decedent, together with the interest and dividends thereon, to the distributee or distributees. A receipt for the payment by the distributee or distributees or proof of delivery by the custodian or holder of the decedent's property shall constitute a valid and sufficient release and discharge for the payment or delivery made.
Wyo. Stat. § 2-1-208 — WY Code / Title 2 / Chapter 1 / Section 2-1-208
§ 2-1-208. Venue generally
Status: in_force

(a) An application for a decree under W.S. 2-1-205 shall be filed as follows:

(i) If the decedent was a resident of Wyoming at the time of his death, in the county of which the decedent was a resident;

(ii) If the decedent was not a resident of Wyoming at the time of his death, in a county in which any part of the estate is located.
Wyo. Stat. § 2-11-105 — WY Code / Title 2 / Chapter 11 / Section 2-11-105
§ 2-11-105. Procedure when foreign law does not require probate; filing, recording and effect
Status: in_force

(a) When a duly authenticated copy of a will from any state or country where probate is not required by the laws of the state or country, with a duly authenticated certificate of the legal custodian of the original will that the same is a true copy and that the will has become operative by the laws of the state or country, and when a copy of a notarial will in possession of a notarial officer in a foreign state or country entitled to the custody thereof (the laws of which state or country require that the will remain in the custody of the notarial officer), duly authenticated by the notarial officer, is presented by the executor or other persons interested to the proper court in this state, the court shall take the proofs as may be appropriate.

(b) If it appears to the court that the instrument should be allowed in this state as the last will and testament of the deceased, the copy shall be filed and recorded and the will has the same effect as if originally proved and allowed in the court.
Wyo. Stat. § 2-6-102 — WY Code / Title 2 / Chapter 6 / Section 2-6-102
§ 2-6-102. All property deemed passed; “property” defined
Status: in_force

A will is construed to pass all property which the testator owns at his death including property acquired after the execution of the will, unless a contrary intention is indicated by the will. “Property”, as used in this section, includes both real and personal property, or any interest therein, and means anything that may be the subject of ownership.
Wyo. Stat. § 2-11-301 — WY Code / Title 2 / Chapter 11 / Section 2-11-301
§ 2-11-301. Naming of executors and trustees; generally; appointment of agents for service; bond when executor sole legatee; applicability of provisions
Status: in_force

The testator may name in his will as executor or trustee any person or persons who are residents and citizens of the United States, or any bank or trust company organized under the laws of this state or of the United States and doing business in this state. When it appears to the court having jurisdiction that any individual named as an executor or trustee in any will is not a resident of this state or that any bank or trust company named as executor or trustee is not authorized to do business in this state, the court shall require the executor or trustee to designate a resident, bank or trust company of this state as agent or attorney upon whom any order, notice or process issued out of the courts of this state may be served. Service on the agent or attorney has the same effect as if served upon the nonresident executor or trustee in person. If any nonresident executor or trustee fails to appoint an agent or attorney, the court shall revoke his authority to act. When the person named as executor is also the sole legatee, instead of the bond required by other provisions herein of an executor, he may give a bond to the state in a sum and with sureties the court requires, conditioned only to pay within the time fixed by the court all the debts of the testator which are filed or exhibited within the time fixed by the notice to creditors. He shall return an inventory and appraisement as in other cases. Upon execution and approval of the bond, the filing of the inventory and appraisement and the publication of notice to creditors, the estate of the testator vests absolutely in the sole legatee and the debts of the testator so filed or exhibited become charges against the legatee. Upon breach of the condition of the bond, suit may be instituted on the bond by any creditor in the name of the state for the use of the creditor. The provisions hereof apply to all wills hereafter admitted to probate.
Wyo. Stat. § 2-3-129 — WY Code / Title 2 / Chapter 3 / Section 2-3-129
§ 2-3-129. Suspension of personal representative's powers for waste; hearing and determination
Status: in_force

At the hearing any person interested in the estate or the officer making the charge may appear and file his allegations in writing, showing that the personal representative should be removed. The personal representative may answer. The issue raised shall be heard and determined by the court.
Wyo. Stat. § 2-4-214 — WY Code / Title 2 / Chapter 4 / Section 2-4-214
§ 2-4-214. Form of letters of administration
Status: in_force

Letters of administration shall be signed by the clerk under the seal of the court, and substantially in the following form:

State of Wyoming

)

)

ss

County of ․․․․․․․

)

C.D. is hereby appointed administrator of the estate of A.B., deceased. Witness, G.H., clerk of the district court within and for the county of ․․․․․․ with the seal thereto affixed, the ․․․․․․ day of ․․․․․․ A.D. ․․․․․․

․․․․․․ Clerk.
Wyo. Stat. § 2-4-205 — WY Code / Title 2 / Chapter 4 / Section 2-4-205
§ 2-4-205. Petition for letters of administration; contents; effect of want of jurisdictional averments
Status: in_force

A petition for letters of administration shall be in writing, signed by the applicant or his counsel and filed with the clerk of the court. The petition shall state the facts essential to give the court jurisdiction of the case, and when known to the applicant, shall state the names, ages and residences of the heirs of the decedent, the value and character of the property and where the same is situated. If the jurisdictional facts existed but are not fully set forth in the petition, and are afterwards proved in the course of administration, the decree or order of administration and subsequent proceedings are not void on account of such want of jurisdictional averments.
Wyo. Stat. § 2-7-623 — WY Code / Title 2 / Chapter 7 / Section 2-7-623
§ 2-7-623. Adjournment of sale
Status: in_force

The personal representative may adjourn any sale when in his discretion it is deemed for the best interests of the estate, but no adjournment shall be to a time more than three (3) months from the date first fixed for the sale. Every adjournment shall be announced publicly at the time and place at which adjournment is made.
Wyo. Stat. § 2-10-103 — WY Code / Title 2 / Chapter 10 / Section 2-10-103
§ 2-10-103. Among all persons interested in estate; exception
Status: in_force

Unless the will otherwise provides, the tax shall be apportioned among all persons interested in the estate. The apportionment shall be made in proportion that the value of the interest of each person interested in the estate bears to the total value of the interests of all persons interested in the estate. The values used in determining the tax shall be used for that purpose.
Wyo. Stat. § 2-7-106 — WY Code / Title 2 / Chapter 7 / Section 2-7-106
§ 2-7-106. Actions maintainable by or against personal representatives; actions for waste by representatives; against representatives
Status: in_force

Any person or his personal representative may maintain an action against the personal representative of any testator or intestate who in his lifetime has wasted, destroyed, taken or carried away, or converted to his own use, the goods or chattels of any person, or committed any trespass on the real estate of the person, provided the person claiming to be damaged by the tortious acts of the decedent files a claim for the amount of the damages within the time limited in the notice to creditors, and the claim is rejected.
Wyo. Stat. § 2-7-707 — WY Code / Title 2 / Chapter 7 / Section 2-7-707
§ 2-7-707. Repayment of public assistance
Status: in_force

If any recipient of assistance under statutes of Wyoming governing programs of public welfare dies possessed of money or property and a claim for repayment of such assistance is filed against the estate of the deceased, the court in which the estate is being probated shall order the claim to be paid out of the assets of the estate after the claims in W.S. 2-7-701(a)(i) through (viii) are paid and satisfied. No claim for repayment of assistance shall be enforced against any property of the estate that may be necessary for the support, maintenance or education of the decedent's surviving spouse, minor child or other dependent.
Wyo. Stat. § 2-2-311 — WY Code / Title 2 / Chapter 2 / Section 2-2-311
§ 2-2-311. Payment of costs
Status: in_force

When it is not otherwise prescribed in this chapter, the district court, or the supreme court on appeal, may order costs to be paid by any party to the proceedings, or out of the assets of the estate. Execution for the costs may issue out of the court.
Wyo. Stat. § 2-5-103 — WY Code / Title 2 / Chapter 5 / Section 2-5-103
§ 2-5-103. Homestead allowance, exempt property and family allowance; exception
Status: in_force

A surviving spouse is entitled to homestead allowance, exempt property and family allowance whether or not he elects to take an elective share and whether or not he renounces the benefits conferred upon him by the will except that, if it clearly appears from the will that a provision therein made for the surviving spouse is intended to be in lieu of these rights, he is not so entitled if he does not renounce the provisions made for him in the will.
Wyo. Stat. § 2-6-107 — WY Code / Title 2 / Chapter 6 / Section 2-6-107
§ 2-6-107. Failure of a testamentary provision
Status: in_force

(a) Except as provided in W.S. 2-6-106 , if a devise other than a residuary devise fails for any reason, it becomes a part of the residue.

(b) Except as provided in W.S. 2-6-106 , if the residue is devised to two (2) or more persons and the share of one (1) of the residuary devisees fails for any reason, his share passes to the residuary devisee, or to other residuary devisees in proportion to their interests in the residue.
Wyo. Stat. § 2-3-828 — WY Code / Title 2 / Chapter 3 / Section 2-3-828
§ 2-3-828. Transfers from income to principal for depreciation
Status: in_force

(a) In this section, “ depreciation ” means a reduction in value due to wear, tear, decay, corrosion or gradual obsolescence of a fixed asset having a useful life of more than one (1) year and the purchase cost or value of such fixed asset is more than that amount provided by section 179 of the United States Internal Revenue Code or subsequent amendment to the Internal Revenue Code.

(b) A trustee may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, but may not transfer any amount for depreciation:

(i) Of that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary;

(ii) During the administration of a decedent's estate; or

(iii) Under this section if the trustee is accounting under W.S. 2-3-813 for the business or activity in which the asset is used.

(c) An amount transferred to principal need not be held as a separate fund.
Wyo. Stat. § 2-7-103 — WY Code / Title 2 / Chapter 7 / Section 2-7-103
§ 2-7-103. Personal representative to take possession of estate
Status: in_force

The personal representative shall take possession of all of the estate of the decedent, real and personal, and collect all debts due the decedent or the estate. For the purpose of bringing suit to quiet title or for partition of the estate, the possession of the personal representative is the possession of the distributees. Possession by the distributees is subject to the possession of the personal representative for the purposes of administration as applied to this chapter.
Wyo. Stat. § 2-7-203 — WY Code / Title 2 / Chapter 7 / Section 2-7-203
§ 2-7-203. Order to show cause for setting off exempt property; form
Status: in_force

(a) The order to show cause shall be published once in a newspaper of general circulation in the county in which the probate is pending, and a copy of the order shall be mailed by the personal representative to each heir and beneficiary. The publication and mailing shall be not less than ten (10) days prior to the date set for hearing.

(b) The publication and notice may be combined with the notice opening the probate but the hearing on the order shall not be held prior to ten (10) days after the filing of the appraisement.

(c) The notice shall be substantially in the following form:

State of Wyoming

)

In the District Court

)

County of ․․․․․․․․

)

․․․․ Judicial District

)

Probate No. ․․․․․․

In the Matter of the Estate

)

ss

)

of

)

Order to Show Cause

)

․․․․․․․․, Deceased.

)

Petition having been filed in this Court praying to have the exempt property of the Estate, including homestead, set over to the person or persons entitled thereto.

Now, therefore, it is hereby ordered that all persons interested appear before this Court sitting in...., Wyoming, on the.... day of...., (year), at the hour of.... o'clock in the.... room, to show cause why the exempt property should not be set over to the person or persons entitled thereto.

It is further ordered that a copy of this Order be published on the.... day of.... (year), in a newspaper of general circulation and that copies of this Order be mailed to the heirs and beneficiaries of the decedent not less than ten (10) days prior to the date set for said hearing.

Dated this ․․․․ day of ․․․․, (year).

BY THE COURT:

PUBLISH:

Judge ․․․․․․․․
Wyo. Stat. § 2-6-105 — WY Code / Title 2 / Chapter 6 / Section 2-6-105
§ 2-6-105. Rules of construction and intention
Status: in_force

The intention of a testator as expressed in his will controls the legal effect of his dispositions. The rules of construction expressed in the succeeding sections of this article apply unless a contrary intention is indicated by the will.
Wyo. Stat. § 2-4-206 — WY Code / Title 2 / Chapter 4 / Section 2-4-206
§ 2-4-206. Contest of petition; assertion of own rights to administer
Status: in_force

Any person interested may contest the petition by filing written opposition on the ground of the incompetency of the applicant, or may assert his own rights to the administration and pray that letters be issued to himself. In the latter case the contestant shall file a petition and submit evidence in support thereof, taken and reduced to writing before the clerk or commissioner of the court, and the court shall hear the two (2) petitions together.
Wyo. Stat. § 2-7-302 — WY Code / Title 2 / Chapter 7 / Section 2-7-302
§ 2-7-302. Appointment of special administrator; entry of order and issuance of letters
Status: in_force

The appointment may be made at any time without notice. Appointment shall be made by entry upon the minutes of the court specifying the powers to be exercised by the special administrator. Upon entry of the order and filing of the required bond, the clerk shall issue letters to the person in conformity with the order.
Wyo. Stat. § 2-18-103 — WY Code / Title 2 / Chapter 18 / Section 2-18-103
§ 2-18-103. Transfer on death deed
Status: in_force

(a) A deed that conveys an interest in real property, including any debt secured by a lien on real property, to a grantee beneficiary designated by the owner and that expressly states that the deed is effective on the death of the owner transfers the deceased owner's interest to the grantee beneficiary designated by name in the transfer on death deed effective on the death of the owner, subject to all conveyances, assignments, contracts, mortgages, deeds of trust, liens, security pledges, and other encumbrances made by the owner or to which the owner was subject during the owner's lifetime. The grantee beneficiary also takes title subject to any interest in the property of which the grantee beneficiary has either actual or constructive notice.

(b) A transfer on death deed may designate multiple grantees who take title as joint tenants with right of survivorship, tenants in common, or any other tenancy that is valid under the laws of this state.

(c) A transfer on death deed may designate a successor grantee beneficiary. If the transfer on death deed designates a successor grantee beneficiary, the deed must state the condition on which the interest of the successor grantee beneficiary would vest.

(d) If real property is owned by persons as joint tenants with the right of survivorship, a deed that conveys an interest in the real property to a grantee beneficiary designated by all of the then surviving owners and that expressly states that the deed is effective on the death of the last surviving owner transfers the interest to the designated grantee beneficiary effective on the death of the last surviving owner. If a transfer on death deed is executed by fewer than all of the owners of real property owned as joint tenants with right of survivorship, the transfer on death deed is valid if the last surviving owner is one of the persons who executes the transfer on death deed. If the last surviving owner did not execute the transfer on death deed, the transfer lapses and the deed is void. An estate in joint tenancy with right of survivorship is not affected by the execution of a transfer on death deed that is executed by fewer than all of the owners of the real property, and the rights of a surviving joint tenant with right of survivorship prevail over a grantee beneficiary named in a transfer on death deed.

(e) A transfer on death deed is valid only if the deed is executed and recorded, as provided by law, in the office of the county clerk in the county in which the real property is situated, before the death of the owner or the last surviving owner. A transfer on death deed may be used to transfer an interest in real property to the trustee of a trust even if the trust is revocable.

(f) A transfer on death deed may be revoked at any time by the owner or, if there is more than one (1) owner, by any of the owners who executed the transfer on death deed. To be effective, the revocation must be executed and recorded, as provided by law, in the office of the county clerk in the county in which the real property is situated, before the death of the owner who executes the revocation. If the real property is owned as joint tenants with right of survivorship and if the revocation is not executed by all the owners who executed the transfer on death deed, the revocation is not effective unless executed by the last surviving owner.

(g) If an individual who is a recipient of medical assistance for which it would be permissible for the department of health to file a claim pursuant to W.S. 42-4-206 or to assert a lien pursuant to W.S. 42-4-207 conveys an interest in real property by means of a transfer on death deed, the department of health may assert a lien against the property that is the subject of the transfer on death deed for the amount which would have been recoverable against the owner's estate pursuant to W.S. 42-4-206 and may file a lien against the property pursuant to W.S. 42-4-207 .

(h) If an owner executes and records more than one (1) transfer on death deed concerning the same real property, the last transfer on death deed that is recorded before the owner's death is the effective transfer on death deed.

(j) This section does not prohibit other methods of conveying property that are permitted by law and that have the effect of postponing enjoyment of an interest in real property until the death of the owner. This section does not invalidate any deed otherwise effective by law to convey title to the interests and estates provided in the deed that is not recorded until after the death of the owner.

(k) The signature, consent, or agreement of, or notice to, a grantee beneficiary of a transfer on death deed is not required for any purpose during the lifetime of the owner.

(m) A transfer on death deed that is executed, acknowledged, and recorded in accordance with this section is not revoked by the provisions of a will.

(n) Proof of the death of the owner or a grantee beneficiary and transfer of ownership of the property by operation of law shall be established exclusively as follows:

(i) By recording an affidavit as provided under W.S. 34-11-101 and an accompanying certificate of clearance;

(ii) The affidavit and accompanying certificate of clearance shall be recorded in the office of the county clerk of the county in which the real property is situated. The affidavit shall identify the transfer on death deed by deed book and page or document number. The certificate of clearance shall be issued by the Wyoming department of health and shall certify that all medical assistance claims have either been satisfied or do not exist.

(o) Title to the interest in real property transferred by a transfer on death deed shall vest in the designated grantee beneficiary only on the death of the owner. Insurance coverage applicable to a property that is in force at the time of the death of the last titled owner shall be transferred and extended to the designated grantee beneficiary in accordance with W.S. 26-23-109 for a period of up to sixty (60) days following the date of the death of the last owner, unless the grantee beneficiary has disclaimed interest in the real property.
Wyo. Stat. § 2-4-105 — WY Code / Title 2 / Chapter 4 / Section 2-4-105
§ 2-4-105. Alienage not to affect inheritance; exception; burden of proof; when property to escheat to state
Status: in_force

(a) The alienage of the legal heirs shall not invalidate any title to real estate which shall descend or pass from the decedent, except that no nonresident alien who is a citizen of any country foreign to the United States of America, shall by any manner or means acquire real property in this state by succession or testamentary disposition if the laws of the country of which the nonresident alien is a citizen do not allow citizens of the United States of America to take real property by succession or by testamentary disposition.

(b) If a decedent leaves no heirs, devisees or legatees entitled to take real property under the terms of this act, the decedent's property shall escheat to the state of Wyoming as now provided by law for escheat property.

(c) The burden of proof is upon a nonresident alien to establish the existence of reciprocal rights asserted by him.
Wyo. Stat. § 2-3-901 — WY Code / Title 2 / Chapter 3 / Section 2-3-901
§ 2-3-901. Short title
Status: in_force

This act shall be known and may be cited as the “Wyoming Unitrust Act”.
Wyo. Stat. § 2-3-816 — WY Code / Title 2 / Chapter 3 / Section 2-3-816
§ 2-3-816. Obligation to pay money
Status: in_force

(a) An amount received as interest, whether determined at a fixed, variable or floating rate, on an obligation to pay money to the trustee, including an amount received as consideration for prepaying principal, must be allocated to income without any provision for amortization of premium.

(b) A trustee shall allocate to principal an amount received from the sale, redemption or other disposition of an obligation to pay money to the trustee more than one (1) year after it is purchased or acquired by the trustee, including an obligation the purchase price or value of which when it is acquired is less than its value at maturity. If the obligation matures within one (1) year after it is purchased or acquired by the trustee, an amount received in excess of its purchase price or its value when acquired by the trust must be allocated to income.

(c) This section does not apply to obligations to which W.S. 2-3-819 through 2-3-822 , 2-3-824 or 2-3-825 applies.
Wyo. Stat. § 2-7-412 — WY Code / Title 2 / Chapter 7 / Section 2-7-412
§ 2-7-412. Citation to persons suspected of having concealed monies; generally
Status: in_force

If any personal representative or other person interested in the estate of a decedent complains to the court in writing, verified by oath, that any person is suspected of having concealed, embezzled, smuggled, conveyed away or disposed of any monies, goods or chattels of the decedent or in which he had an interest, or has in his possession or knowledge any deeds, conveyances, bonds, contracts or other writings which contain evidence of or tend to disclose the right, title, interest or claim of the decedent to any real or personal estate or any claim or demand, or any lost will, the court shall cite the person to appear before the court and shall examine him on oath upon the matter of the complaint. If the person is not in the county where the decedent died or where letters have been granted he may be cited and examined either before the court of the county where he is found or before the court of the county where the decedent died or where letters have been granted. But if in the latter case he appears and is found innocent his necessary expenses shall be allowed him out of the estate.
Wyo. Stat. § 2-7-613 — WY Code / Title 2 / Chapter 7 / Section 2-7-613
§ 2-7-613. Sale of personalty without court order
Status: in_force

Personal property of a perishable nature and personal property for which there is a regularly established market may be sold by the personal representative without order of court.
Wyo. Stat. § 2-7-101 — WY Code / Title 2 / Chapter 7 / Section 2-7-101
§ 2-7-101. Presumption of death; how estate handled
Status: in_force

When any person leaves his usual place of abode and is not seen or heard from by his relatives or other persons reasonably expected to hear from him for a period of seven (7) years, the person is presumed to be dead. If the person owned real or personal property in Wyoming, administration of the estate of the person may be had in the manner provided by law.
Wyo. Stat. § 2-3-826 — WY Code / Title 2 / Chapter 3 / Section 2-3-826
§ 2-3-826. Disbursements from income
Status: in_force

(a) A trustee shall make the following disbursements from income to the extent that they are not disbursements to which W.S. 2-3-806(a)(ii)(B) or (C) applies:

(i) Interest, except interest on taxes as provided in W.S. 2-3-827(a)(vi) ;

(ii) Ordinary repairs and maintenance of real estate;

(iii) Real estate taxes and other regularly recurring taxes assessed against principal; and

(iv) Recurring premiums on insurance covering the loss of a principal asset or the loss of income from or use of the asset.
Wyo. Stat. § 2-7-803 — WY Code / Title 2 / Chapter 7 / Section 2-7-803
§ 2-7-803. Fees of personal representative; schedule
Status: in_force

(a) If the court determines that by reason of unusual circumstances the fee computed hereafter is not equitable after considering the time and effort reasonably expended and the responsibility with which the personal representative was charged, the court may allow such additional fee as the court determines proper. The court shall allow the personal representative fees for ordinary services rendered to the estate unless the personal representative files a written waiver as to a part or all thereof. The fees shall be computed on the basis of the amount of the decedent's probate estate accounted for as follows:

(i) For the first one thousand dollars ($1,000.00) of the basis, ten percent (10%);

(ii) For all sums over one thousand dollars ($1,000.00) but not exceeding five thousand dollars ($5,000.00) of the basis, five percent (5%);

(iii) For all sums over five thousand dollars ($5,000.00) but not exceeding twenty thousand dollars ($20,000.00) of the basis, three percent (3%);

(iv) For all sums over twenty thousand dollars ($20,000.00) of the basis, two percent (2%).

(b) In addition, further fees as are just and reasonable may be allowed by the court to the personal representative for extraordinary expenses or services actually incurred or rendered by the personal representative and necessary to the proper administration and distribution of the estate. Extraordinary services shall include but not be limited to services rendered by the personal representative relative to any tax matters and services rendered by the personal representative in connection with any litigation to which the decedent or the estate is a party.

(c) The amount of the decedent's probate estate accounted for shall:

(i) Include items with which the personal representative is chargeable at their inventory value;

(ii) Deduct any loss or add any increase shown by any reappraisement or actual sale occurring during administration;

(iii) Add all accretions to the estate which have come into the possession of the personal representative such as interest, dividends and profits on sales, not including money borrowed or refunds of amounts paid by the personal representative;

(iv) Deduct the value of property lost or destroyed without fault of the personal representative; and

(v) Include accretions in net income, and not the gross income, of any business operated or conducted during administration of the estate.
Wyo. Stat. § 2-17-101 — WY Code / Title 2 / Chapter 17 / Section 2-17-101
§ 2-17-101. Authority to authorize burial or cremation; immunity for funeral directors and funeral service practitioners
Status: in_force

(a) If a decedent leaves written instructions regarding his entombment, burial or cremation, or a document that designates and authorizes another person to direct disposition of the decedent's body the funeral director or funeral service practitioner to whom the body is entrusted shall proceed with the disposition of the body in accordance with those instructions or the instructions given by the person designated to direct disposition of the decedent's body. A document that designates another person to direct disposition of the decedent's body drafted pursuant to service in the military and in a form mandated by federal law at the time it was signed shall be recognized as valid for purposes of this section. In the event a decedent does not leave written instructions regarding his entombment, burial or cremation, or fails to leave a document designating another person to direct disposition of the decedent's body, the funeral director or funeral service practitioner to whom the body is entrusted shall obtain a signed consent before the entombment, burial or cremation proceeds.

(b) Any of the following persons, in order of priority as stated, may consent to the entombment, burial or cremation of the decedent, provided no written instructions or a document designating another person to direct disposition of the decedent's body were left by the decedent:

(i) The decedent's spouse at the time of death;

(ii) An adult child of the decedent;

(iii) Either parent of the decedent;

(iv) An adult sibling of the decedent;

(v) A grandparent of the decedent;

(vi) A stepchild of the decedent;

(vii) A guardian of the decedent in accordance with W.S. 3-2-201(a)(x) .

(c) If a funeral director or funeral service practitioner receives written consent from a person specified in subsection (b) of this section, he may act in accordance with the consent, unless a person with a higher or equal priority provides the funeral director or funeral service practitioner a contrary written consent within three (3) days. If the funeral director or funeral service practitioner has been provided contrary written consents from members of the same class with the highest priority as to the entombment, burial or cremation of the decedent, the director or funeral service practitioner shall act in accordance with the directive of the greatest number of consents received from members of the class. If that number is equal, the director or funeral service practitioner shall act in accordance with the earlier consent unless the person providing the later consent is granted an order from the district court for the county in which the funeral establishment is located. The district court shall order disposition in accordance with the later consent only if it is shown by a preponderance of the evidence the disposition is in accordance with the decedent's wishes.

(d) If the decedent is not survived by any member of the classes listed or no member of those classes is competent to sign a consent, any person who comes forward and legitimately identifies himself as another level of relation or friend of the decedent is authorized to sign the consent. If no consent is received within seven (7) days of the decedent's death, the coroner for the county in which the funeral establishment is located is authorized to sign the consent.

(e) A funeral director or funeral service practitioner acting in accordance with this section, or attempting in good faith to act in accordance with this section, shall be immune from civil liability.

(f) Nothing in this section abrogates or amends the intestate succession laws of W.S. 2-4-101 through 2-4-214 .
Wyo. Stat. § 2-1-301 — WY Code / Title 2 / Chapter 1 / Section 2-1-301
§ 2-1-301. Generally
Status: in_force

(a) When used in this code, unless otherwise defined or required by the context, the following words and phrases shall be construed as follows:

(i) “Administrator” means any person appointed by the court to administer an intestate estate;

(ii) “Bequeath” includes the word “devise” when used as a verb;

(iii) “Bequest” includes the word “devise” when used as a noun;

(iv) “Charges” include costs of administration, funeral expenses, cost of monument and federal and state estate taxes;

(v) “ Child ” includes an adopted child but does not include a grandchild or other more remote descendent;

(vi) “Clerk” means clerk of the district court in the county in which the matter is pending and includes the term clerk of the probate court;

(vii) “Conservator” means a person appointed by the court to have the custody and control of the property of a ward under the provisions of this code;

(viii) “Costs of administration” include court costs, fiduciary's fees, attorney fees, all appraisers' fees, premiums on corporate surety bonds, cost of continuation of abstracts of title, recording fees, transfer fees, agents' fees allowed by order of court, and all other fees and expenses allowed by order of court in connection with the administration of the estate;

(ix) “Debts” include liabilities of the decedent which survive, whether arising in contract, tort or otherwise;

(x) “Devise” when used as a noun, means the testamentary disposition of property, both real and personal;

(xi) “Devise” when used as a verb, means to dispose of property, both real and personal, by a will;

(xii) “Devisee” includes legatee;

(xiii) “Distributee” means a person entitled to any property of the decedent under his will or under the statutes of intestate succession;

(xiv) “Estate” means the real and personal property of a decedent, a ward or a trust, as from time to time changed in form by sale, reinvestment or otherwise, and augmented by any accretions, additions or substitutions, or diminished by any decreases and distributions therefrom;

(xv) “Executor” means any person appointed by the court to administer the estate of a testate decedent;

(xvi) “Fiduciary” means a personal representative, executor, administrator, guardian, conservator or trustee;

(xvii) “Full age” means the state of legal majority having attained the age of eighteen (18) years;

(xviii) “Guardian” means the person appointed by the court to have custody of the person of the ward under the provisions of this code;

(xix) “Guardian of the property” means “conservator” and may be used at the election of the person appointed by the court to have the custody and care of the property of a ward;

(xx) “Heir” means any person except the surviving spouse, who is entitled to property of a decedent under the statutes of intestate succession;

(xxi) “Incompetent” includes any person who has been adjudicated by a court to be incapable of managing his property, or caring for his own person, or both;

(xxii) “Issue” for the purposes of intestate succession, includes all lawful lineal descendents of a person, whether natural or adopted, except those who are the lineal descendents of his living descendents;

(xxiii) “Legacy” means a testamentary disposition of personal property;

(xxiv) “Legatee” means a person entitled to personal property under a will;

(xxv) “Letters” include letters testamentary, letters of administration, letters of guardianship, letters of conservatorship and letters of trusteeship;

(xxvi) “Minor” means a person who has not attained the age of eighteen (18) years;

(xxvii) “Person” includes natural persons and corporations;

(xxviii) “Personal representative” includes executor and administrator;

(xxix) “Property” includes both real and personal property;

(xxx) “Surviving spouse” means the surviving wife or husband, as the case may be;

(xxxi) “Temporary administrator” means any person appointed by the court to care for an estate pending the probating of a proposed will, or to handle any special matters designated by the court;

(xxxii) “Trustee” means any person appointed as trustee by the instrument creating the trust, or any person appointed by the court to administer the trust;

(xxxiii) “Trusts” include only testamentary trusts; express trusts where jurisdiction is specifically conferred on the court by the trust instrument; express trusts where the jurisdiction of the court is invoked by the trustee, beneficiary or any interested party; and trusts which are established by a judgment or a decree of court which results in administration of the trust by the court;

(xxxiv) “Will” includes a codicil, a testamentary instrument that merely appoints an executor, or a testamentary instrument that merely revokes or revives another will.
Wyo. Stat. § 2-3-907 — WY Code / Title 2 / Chapter 3 / Section 2-3-907
§ 2-3-907. Valuations
Status: in_force

(a) The fair market value of a trust subject to this act shall be determined, at least annually, using a valuation date or dates or averages of valuation dates as are deemed appropriate except that:

(i) The trustee shall not include in the fair market value the value of any residential property or any tangible personal property that the income beneficiary has the right to occupy or use;

(ii) The trustee shall not limit or restrict any right of the beneficiary to use the excluded property in accordance with the governing instrument; and

(iii) Where the terms of the trust do not provide contrary direction, the trustee shall include in the fair market value the value of:

(A) The portion of any private or commercial annuity from which the trustee is receiving distributions as a designated beneficiary of the annuity; and

(B) The portion of any individual retirement account and pension, profit-sharing, stock bonus or stock ownership plan retirement account from which the trustee is receiving distributions as a designated beneficiary of the account.

(b) Assets for which a fair market value cannot be readily ascertained shall be valued using valuation methods as are deemed reasonable and appropriate as determined in the sole discretion of the trustee. The assets may be excluded from valuation in the sole discretion of the trustee, provided all income received with respect to the assets is distributed to the extent distributable in accordance with the terms of the governing instrument.
Wyo. Stat. § 2-7-502 — WY Code / Title 2 / Chapter 7 / Section 2-7-502
§ 2-7-502. Extra allowance for maintenance of family
Status: in_force

If the amount set apart is insufficient for the support of the widow and children, or either, the court shall make such reasonable allowance out of the estate as is necessary for the maintenance of the family according to their circumstances during the settlement of the estate.
Wyo. Stat. § 2-3-114 — WY Code / Title 2 / Chapter 3 / Section 2-3-114
§ 2-3-114. Requiring further security; citation to personal representative; service
Status: in_force

If the court or commissioner is satisfied that the matter requires investigation, a citation shall be issued to the personal representative requiring him to appear at a time and place specified to show cause why he should not give further security. The citation shall be served personally on the personal representative at least five (5) days before the return day. If he has absconded or cannot be found it may be served by leaving a copy of it at his place of residence or by such publication as may be ordered.
Wyo. Stat. § 2-3-916 — WY Code / Title 2 / Chapter 3 / Section 2-3-916
§ 2-3-916. Limitation of election
Status: in_force

An action shall not be taken under W.S. 2-3-903 , 2-3-904 or 2-3-905 more frequently than every two (2) years, unless the district court orders otherwise.
Wyo. Stat. § 2-7-810 — WY Code / Title 2 / Chapter 7 / Section 2-7-810
§ 2-7-810. Federal capital gains tax; minimum preference tax; apportionment
Status: in_force

(a) Unless otherwise provided by will, when as a consequence of sale of property by the personal representative a federal capital gains tax or federal minimum preference tax is owed by the estate, the tax shall be apportioned as follows:

(i) That portion of the tax attributable to the percentage of net sale proceeds used to pay debts and costs of administration shall be charged and allocated in accordance with W.S. 2-7-808 ;

(ii) That portion of the tax attributable to the percentage of net sale proceeds used to pay federal estate tax shall be charged and allocated and collected in accordance with W.S. 2-10-101 through 2-10-110 ;

(iii) The remaining portion of the tax shall be allocated to the distributee who would have received the property had it not been sold;

(iv) The distributee of the property had it not been sold shall be credited for distribution before the allocation of other debts, costs and taxes, with the net proceeds after capital gains and preference taxes plus the contributions required from other parties.
Wyo. Stat. § 2-3-820 — WY Code / Title 2 / Chapter 3 / Section 2-3-820
§ 2-3-820. Liquidating asset
Status: in_force

(a) In this section, “ liquidating asset ” means an asset whose value will diminish or terminate because the asset is expected to produce receipts for a period of limited duration. The term includes a leasehold, patent, copyright, royalty right and right to receive payments during a period of more than one (1) year under an arrangement that does not provide for the payment of interest on the unpaid balance. The term does not include a payment subject to W.S. 2-3-819 , resources subject to W.S. 2-3-821 , timber subject to W.S. 2-3-822 , an activity subject to W.S. 2-3-824 , an asset subject to W.S. 2-3-825 or any asset for which the trustee establishes a reserve for depreciation under W.S. 2-3-828 .

(b) A trustee shall allocate to income ten percent (10%) of the receipts from a liquidating asset and the balance to principal.
Wyo. Stat. § 2-3-401 — WY Code / Title 2 / Chapter 3 / Section 2-3-401
§ 2-3-401. Short title
Status: in_force

W.S. 2-3-401 through 2-3-403 may be cited as the “Uniform Common Trust Fund Act”.
Wyo. Stat. § 2-2-303 — WY Code / Title 2 / Chapter 2 / Section 2-2-303
§ 2-2-303. Citations; requirements generally; contents
Status: in_force

(a) Citations shall be directed to the person to be cited, signed by the clerk, and issued under the seal of the court, and shall contain:

(i) The title of the proceeding;

(ii) A brief statement of the nature of the proceeding; and

(iii) A direction that the person cited appear at a time and place specified.
Wyo. Stat. § 2-18-101 — WY Code / Title 2 / Chapter 18 / Section 2-18-101
§ 2-18-101. Short title
Status: in_force

This chapter shall be known as and may be cited as the “Nontestamentary Transfer of Real Property on Death Act.”
Wyo. Stat. § 2-1-405 — WY Code / Title 2 / Chapter 1 / Section 2-1-405
§ 2-1-405. Disclaimer on behalf of person under disability
Status: in_force

A duly appointed, qualified and acting guardian of the property of an incompetent or a person under the age of twenty-one (21) years may make a disclaimer on behalf of his ward, upon a showing satisfactory to the court having jurisdiction over the guardianship that the disclaimer is in the best interests of the ward. A guardian of the property may be appointed by the court for the sole purpose of filing with the court an application for approval of a disclaimer.
Wyo. Stat. § 2-7-601 — WY Code / Title 2 / Chapter 7 / Section 2-7-601
§ 2-7-601. When conveyance required; generally
Status: in_force

When a person who is bound by contract in writing to convey any real estate dies before making the conveyance, and in all cases when the decedent, if living, might be compelled to make the conveyance, the court may order his personal representative to convey the real estate to the person entitled thereto.
Wyo. Stat. § 2-7-408 — WY Code / Title 2 / Chapter 7 / Section 2-7-408
§ 2-7-408. Discharge or bequest of debt or demand not valid against creditors
Status: in_force

The discharge or bequest in a will of any debt or demand of the testator against the personal representative named or any other person is not valid against the creditors of the decedent, but is a specific bequest of the debt or demand. It shall be included in the inventory and if necessary applied in the payment of the debts. If not necessary for that purpose, it shall be paid in the same manner and proportion as other specific legacies.
Wyo. Stat. § 2-3-908 — WY Code / Title 2 / Chapter 3 / Section 2-3-908
§ 2-3-908. Unitrust percentages
Status: in_force

The percentage to be used in determining the unitrust amount shall be a reasonable current return from the trust, in any event not less than three percent (3%) nor more than five percent (5%), taking into account the intentions of the settlor of the trust as expressed in the governing instrument, the needs of the beneficiaries, general economic conditions, projected current earnings and appreciation for the trust, and projected inflation and its impact on the trust.
Wyo. Stat. § 2-11-103 — WY Code / Title 2 / Chapter 11 / Section 2-11-103
§ 2-11-103. When to be filed
Status: in_force

When a copy of the will and the probate thereof duly authenticated is presented by the executor or by any other person interested in the will with a petition for probate, the same shall be filed.
Wyo. Stat. § 2-7-729 — WY Code / Title 2 / Chapter 7 / Section 2-7-729
§ 2-7-729. Testamentary disposition limited
Status: in_force

This act does not authorize a person to dispose of property by will if it is held under limitations imposed by law preventing testamentary disposition by that person.
Wyo. Stat. § 2-6-303 — WY Code / Title 2 / Chapter 6 / Section 2-6-303
§ 2-6-303. Annulment and revocation
Status: in_force

If upon trial, the jury, or if no jury, the court decides the will is invalid or that it is not sufficiently proved to be the last will of the testator, the probate shall be annulled and revoked.
Wyo. Stat. § 2-7-807 — WY Code / Title 2 / Chapter 7 / Section 2-7-807
§ 2-7-807. Distribution before final settlement; notice; hearing; costs
Status: in_force

(a) Any time after thirty (30) days from expiration of time for filing claims the personal representative or any distributee may file a petition with the court for partial or complete distribution of any share of the estate.

(b) Notice of the petition and the time set by the court for hearing shall be given to the personal representative and to all persons entitled to notice as provided in W.S. 2-7-205 . At the hearing any other distributee may resist the petition or make a similar petition for himself.

(c) If it appears to the court there is property ready for distribution held by the personal representative over and above the amount necessary to pay the costs of administration and all just claims and taxes of the estate, the court shall direct the personal representative to distribute to each distributee his proportion of the property ready for distribution. The court may require each distributee to give bond to secure payment of his proportion of the debts and taxes of the estate.

(d) All costs, expenses and fees incurred in this proceeding shall be paid by the estate unless the court determines the proceeding was instituted capriciously and without merit, whereupon the court shall order all costs, expenses and fees be paid into the estate by the party instituting the same.
Wyo. Stat. § 2-2-404 — WY Code / Title 2 / Chapter 2 / Section 2-2-404
§ 2-2-404. Payment of court commissioner
Status: in_force

(a) The court commissioner, in performing the duties prescribed by the Probate Code, shall receive the following fees in full payment for all services, which shall be taxed as costs against the estate:

(i) For attending any matter, five dollars ($5.00) per day for the time actually employed in hearing the matter;

(ii) For each order made by him, three dollars ($3.00);

(iii) For all other services he shall receive the same fees which clerks of courts receive for similar services.
Wyo. Stat. § 2-6-125 — WY Code / Title 2 / Chapter 6 / Section 2-6-125
§ 2-6-125. Revocation of probate and nonprobate transfers by divorce or annulment; effect; revival; other changes excluded
Status: in_force

(a) As used in this section:

(i) “ Divorce ” or “ annulment ” means any dissolution of marriage through a divorce or annulment that results in the exclusion of the spouse as a surviving spouse for purposes of probate and nonprobate transfers upon death of the spouse. A decree of separation that does not terminate the status of spouses is not a divorce or annulment for purposes of this section;

(ii) “ Divorced person ” means a person who has divorced from the person's spouse or whose marriage has been annulled;

(iii) “ Governing instrument ” means an instrument executed by a divorced person before the divorce or annulment of the marriage to the person's former spouse that the divorced person could have revoked or amended;

(iv) “ Relative of the divorced person's former spouse ” or “ former spouse's relative ” means any person who is related to the divorced person's former spouse by blood, adoption or affinity and who, after the divorce or annulment, is not related to the divorced person by blood, adoption or affinity;

(v) “ Revocable ” means a disposition, appointment, provision or nomination under which the divorced person, at the time of the divorce or annulment, was alone empowered by law or under the terms of a governing instrument to cancel the designation in favor of the divorced person's former spouse or former spouse's relative regardless of whether the divorced person was then empowered to designate himself in place of his former spouse or former spouse's relative and regardless of whether the divorced person then had the capacity to exercise the power of designation.

(b) Unless the express terms of a governing instrument provide for the disposition to a former spouse after divorce or unless a governing law, court order or contract relating to the division of the marital estate made between two (2) divorced persons before or after the marriage, divorce or annulment states otherwise, the divorce or annulment of a marriage shall immediately:

(i) Revoke any revocable:

(A) Disposition or appointment of property made by a divorced person to the former spouse in a governing instrument;

(B) Disposition or appointment created by law or in a governing instrument to a relative of the divorced person's former spouse;

(C) Provision in a governing instrument that confers a general or special power of appointment on the divorced person's former spouse or on a relative of the divorced person's former spouse;

(D) Nomination in a governing instrument that nominates the divorced person's former spouse or a relative of the divorced person's former spouse to serve in any fiduciary or representative capacity including a personal representative, executor, trustee, conservator, agent or guardian.

(ii) Sever the interests of the former spouse in property held by the divorced person and the former spouse at the time of the divorce or annulment as joint tenants with the right of survivorship and property held as tenants by the entirety. Property interests of the divorced person and former spouse severed under this paragraph shall become tenancies in common.

(c) A severance of interests under paragraph (b)(ii) of this section shall not affect any third-party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the survivor or in the name of the survivor of the former spouse of the divorced person unless a writing declaring the severance has been noted, registered, filed or recorded prior to the third party gaining an interest in the property in records appropriate to the kind and location of the property that are relied upon in the ordinary course of transactions involving property that are evidence of ownership.

(d) Upon entry of an order of a divorce or annulment, provisions of a governing instrument shall be given effect as if the former spouse and relatives of the former spouse disclaimed all interests revoked by this section. For nominations in a fiduciary or representative capacity revoked by this section, provisions of a governing instrument shall be given effect as if the former spouse and relatives of the former spouse died immediately before the divorce or annulment.

(e) Provisions that are revoked solely by operation of this section shall be revived upon the divorced person's remarriage to the former spouse unless revival is specifically prohibited by a prenuptial or other written agreement signed by both parties.

(f) No change of circumstances other than as described in this section revokes a will.

(g) A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument affected by a divorce, annulment or remarriage, or for having taken any other action in good faith reliance on the validity of the governing instrument, unless the payor or other third party received reasonable written notice of the divorce, annulment or remarriage. A payor or other third party shall not have a duty or obligation to inquire as to the continued marital relationship between a divorced person and a beneficiary or to seek any evidence with respect to a marital relationship. Nothing in this subsection shall be construed to deprive the rightful owner of any funds, item of property or other benefit from seeking to recover the payment, item of property or other benefit from the wrongful recipient of that payment, item of property or other benefit.
Wyo. Stat. § 2-3-833 — WY Code / Title 2 / Chapter 3 / Section 2-3-833
§ 2-3-833. Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Wyo. Stat. § 2-12-103 — WY Code / Title 2 / Chapter 12 / Section 2-12-103
§ 2-12-103. Hearing on petition; appointment of trustee
Status: in_force

At the time fixed for the hearing or at any subsequent time to which the hearing may be continued, the court shall hear the petition and the evidence offered in support of or in opposition thereto. If satisfied that the allegations thereof are true and that the person remains missing and the whereabouts of the person are unknown, the court shall appoint some suitable person as trustee to take charge and possession of the estate and to manage, hold and control the same subject to the direction of the court.
Wyo. Stat. § 2-3-827 — WY Code / Title 2 / Chapter 3 / Section 2-3-827
§ 2-3-827. Disbursements from principal
Status: repealed

(a) A trustee shall make the following disbursements from principal:

(i) Extraordinary expenses incurred in connection with the administration, management or preservation of trust property and the distribution of income;

(ii) Extraordinary repairs;

(iii) Repealed by Laws 2015, ch. 79, § 3, eff. July 1, 2015.

(iv) Expenses in connection with accountings and judicial or other proceedings to construe, modify or reform the trust or to protect the trust or its property;

(v) Premiums paid on a policy of insurance not described in W.S. 2-3-826(a)(iv) of which the trust is the owner and beneficiary;

(vi) Estate, inheritance and other transfer taxes, including penalties, apportioned to the trust; and

(vii) Disbursements related to environmental matters, including reclamation, assessing environmental conditions, remedying and removing environmental contamination, monitoring remedial activities and the release of substances, preventing future releases of substances, collecting amounts from persons liable or potentially liable for the costs of those activities, penalties imposed under environmental laws or regulations and other payments made to comply with those laws or regulations, statutory or common law claims by third parties and defending claims based on environmental matters.

(b) If a principal asset is encumbered with an obligation that requires income from that asset to be paid directly to the creditor, the trustee shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation.
Wyo. Stat. § 2-3-118 — WY Code / Title 2 / Chapter 3 / Section 2-3-118
§ 2-3-118. Relief of sureties; application; citation and service
Status: in_force

When a surety of any personal representative desires to be released from responsibility on account of future acts, he may apply to the court or commissioner for relief. Citation shall be issued to the personal representative and served personally, requiring him to appear at a time and place specified, and to give other security. If he has absconded, left or removed from the state or if he cannot be found after due diligence and inquiry, service may be made as provided in W.S. 2-3-114 .
Wyo. Stat. § 2-3-203 — WY Code / Title 2 / Chapter 3 / Section 2-3-203
§ 2-3-203. Responsibility and rights of persons dealing with fiduciaries
Status: in_force

A person who in good faith pays or transfers to a fiduciary any money or other property which the fiduciary as such is authorized to receive is not responsible for the proper application thereof by the fiduciary; and any right or title acquired from the fiduciary in consideration of the payment or transfer is not invalid in consequence of a misapplication by the fiduciary.
Wyo. Stat. § 2-7-414 — WY Code / Title 2 / Chapter 7 / Section 2-7-414
§ 2-7-414. Citation of persons entrusted with monies for accounting
Status: in_force

Upon the complaint on oath of any personal representative, the court shall cite any person who has been entrusted with any part of the estate of the decedent to appear before the court and require him to render a full account of any monies, goods, chattels, bonds, accounts or other property or papers belonging to the estate which have come to his possession in trust for the personal representative, and of his proceedings thereon. If the person cited refuses to appear and render the account he shall be proceeded against as provided in W.S. 2-7-413 .
Wyo. Stat. § 2-3-1016 — WY Code / Title 2 / Chapter 3 / Section 2-3-1016
§ 2-3-1016. Custodian compliance and immunity
Status: in_force

(a) Not later than sixty (60) days after receipt of the information required under W.S. 2-3-1007 through 2-3-1015 , a custodian shall comply with a request from a fiduciary or designated recipient under this act to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated representative may apply to the circuit court or other court of competent jurisdiction for an order directing compliance.

(b) An order under subsection (a) of this section directing compliance shall contain a finding that compliance is not in violation of section 2702 of title 18 of the United States Code , as amended.

(c) A custodian may notify the user that a request for disclosure of digital assets or to terminate an account was made under this act.

(d) A custodian may deny a request from a fiduciary or designated representative under this act to disclose digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's or personal representative's request.

(e) This act does not limit a custodian's ability to obtain or require a fiduciary or designated representative requesting disclosure of digital assets or termination of an account under this act to obtain a court order that:

(i) Specifies the account belongs to the ward or principal;

(ii) Specifies there is sufficient consent from the ward or principal to support the requested disclosure; and

(iii) Contains a finding required by law in addition to any finding required under this act.

(f) A custodian and any officers, employees or agents of the custodian are immune from liability for an act or omission done in good faith to comply with the provisions of this act.
Wyo. Stat. § 2-7-402 — WY Code / Title 2 / Chapter 7 / Section 2-7-402
§ 2-7-402. Statutes Title to decedent's property; subject to administration and payment of debts; priorities
Status: in_force

Except as otherwise provided in this code, when a person dies the title to his property, real and personal, passes to the person to whom it is devised by his last will, or in the absence of such disposition to the persons who succeed to his estate as provided in this code. However all of his property is subject to the possession of the personal representative and to the control of the court for the purposes of administration, sale or other disposition under the provisions of law, and his property, except homestead and other exempt property, is chargeable with the payment of debts and charges against his estate. There is no priority between real and personal property, except as provided in this code or by the will of the decedent.
Wyo. Stat. § 2-10-106 — WY Code / Title 2 / Chapter 10 / Section 2-10-106
§ 2-10-106. Allowances for exemptions or deductions and credits
Status: in_force

(a) In making an apportionment, allowances shall be made for any exemptions granted and for any deductions and credits allowed by the law imposing the tax.

(b) Any exemption or deduction allowed by reason of the relationship of any person to the decedent or by reason of the purposes of the gift shall inure to the benefit of the person bearing such relationship or receiving the gift; except that when an interest is subject to a prior present interest which is now allowable as a deduction, the tax apportionable against the present interest shall be paid from principal.

(c) Any deduction for property previously taxed and any credit for gift taxes or death taxes of a foreign country paid by the decedent or his estate shall inure to the proportionate benefit of all persons liable to apportionment.

(d) Any credit for inheritance, succession or estate taxes or taxes in the nature thereof in respect to property or interests includable in the estate shall inure to the benefit of the persons or interests chargeable with the payment thereof to the extent that, or in proportion as the credit reduces the tax.

(e) To the extent that property passing to or in trust for a surviving spouse or any charitable, public or similar gift or bequest does not constitute an allowable deduction for purposes of the tax solely by reason of an inheritance tax or other death tax imposed upon and deductible from the property, the property shall not be included in the computation provided for in W.S. 2-10-103 and to that extent no apportionment shall be made against the property. The sentence immediately preceding shall not apply to any case where the result will be to deprive the estate of a deduction otherwise allowable under applicable gift and estate laws, relating to deduction for state death taxes on transfers for public, charitable or religious uses.
Wyo. Stat. § 2-11-303 — WY Code / Title 2 / Chapter 11 / Section 2-11-303
§ 2-11-303. Naming of executors and trustees; limitations
Status: in_force

The power of a domiciliary foreign personal representative under W.S. 2-11-302 shall be exercised only if there is no administration or application therefor pending in this state. A petition for local administration of the estate terminates the power of the foreign personal representative to act under W.S. 2-11-302 but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate. No person who before receiving actual notice of a pending local administration has changed his position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the petition for or grant of local administration. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for him in any action or proceedings in this state.
Wyo. Stat. § 2-13-104 — WY Code / Title 2 / Chapter 13 / Section 2-13-104
§ 2-13-104. Beneficiaries
Status: in_force

Where two (2) or more beneficiaries are designated to take successively by reason of survivorship under another person's disposition of property and there is no sufficient evidence that these beneficiaries have died otherwise than simultaneously the property thus disposed of shall be divided into as many equal portions as there are successively beneficiaries and those portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.
Wyo. Stat. § 2-18-102 — WY Code / Title 2 / Chapter 18 / Section 2-18-102
§ 2-18-102. Definitions
Status: in_force

(a) As used in this chapter:

(i) “ Grantee beneficiary ” or “ grantee ” means the person to whom an owner grants an interest in the real property that is the subject of the transfer on death deed;

(ii) “ Owner ” means a person who executes a transfer on death deed as provided in W.S. 2-18-103 ;

(iii) “ Successor grantee beneficiary ” means the person to whom an owner grants an interest in the real property that is the subject of the transfer on death deed if the primary grantee beneficiary does not survive the owner;

(iv) “ Transfer on death deed ” means a deed authorized by W.S. 2-18-103 .
Wyo. Stat. § 2-3-911 — WY Code / Title 2 / Chapter 3 / Section 2-3-911
§ 2-3-911. Treatment of underpayments or overpayments
Status: in_force

In the event of an underpayment to a beneficiary, the trustee shall pay to a beneficiary within a reasonable time, and in the event of an overpayment to a beneficiary, the trustee shall recover from the beneficiary either by repayment by the beneficiary or by withholding from future distributions to the beneficiary, an amount equal to the difference between the amount properly payable and the amount actually paid.
Wyo. Stat. § 2-7-615 — WY Code / Title 2 / Chapter 7 / Section 2-7-615
§ 2-7-615. Petition to sell; notice and hearing; exception; court order
Status: in_force

Upon filing of the petition, the court shall fix the time and place of hearing of the petition, and the personal representative shall give notice of the hearing as provided in W.S. 2-7-205 , but as to personal property and as to the lease of real property not specifically devised for a period of not to exceed one (1) year, the court may hear the petition without notice. In those instances where notice is required, the notice shall state briefly the nature of the petition. At the hearing and upon satisfactory proof the court may order the sale, mortgage, exchange, pledge or lease of the property described or any part thereof at such price and upon such terms and conditions as the court may authorize.
Wyo. Stat. § 2-2-110 — WY Code / Title 2 / Chapter 2 / Section 2-2-110
§ 2-2-110. When judge disqualified; exception
Status: in_force

When the judge before whom probate matters are brought is interested as next of kin to the decedent, or as the legatee or devisee under the will, or has any other interest in the outcome of, or concerning the matters brought before him, he shall call in some other district judge to hear and determine all such matters. Being a witness to a will does not itself disqualify a district judge, after the will has been probated, from hearing any matters concerning the will or the estate being probated except matters relating to the admission of the will to probate and contests thereon, and the granting of letters testamentary or of administration thereunder.
Wyo. Stat. § 2-13-106 — WY Code / Title 2 / Chapter 13 / Section 2-13-106
§ 2-13-106. Life or accident insurance proceeds
Status: in_force

Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
Wyo. Stat. § 2-3-124 — WY Code / Title 2 / Chapter 3 / Section 2-3-124
§ 2-3-124. New appointment to be made if all personal representatives die; bond; authority
Status: in_force

If all personal representatives die or become incapable, or the authority of all of them is revoked, letters testamentary or letters of administration then shall be issued in the same order of preference and manner as provided for the issuance of original letters testamentary or original letters of administration. The personal representative so appointed shall give bond in like penalty, with like sureties and conditions as required of personal representatives, and shall have like authority.
Wyo. Stat. § 2-6-208 — WY Code / Title 2 / Chapter 6 / Section 2-6-208
§ 2-6-208. Order of preference for appointment of executor
Status: in_force

(a) Letters testamentary may be granted to one or more persons found to be qualified. Preference for appointment shall be in the following order:

(i) The person designated in the will;

(ii) Any beneficiary named in the will, or a person nominated by the beneficiaries;

(iii) Any creditor of the decedent, or a person nominated by such creditor;

(iv) Such other person as the court may find to be qualified.
Wyo. Stat. § 2-11-201 — WY Code / Title 2 / Chapter 11 / Section 2-11-201
§ 2-11-201. Probate of estates of nonresidents
Status: in_force

In case of a nonresident's estate having property in this state not exceeding in value the sum of two hundred thousand dollars ($200,000.00), which estate has been duly probated and settled in another state, the probate of the estate in this state may be dispensed with upon filing with the district judge in the proper county a petition under oath showing the facts in the case together with certified copies of the petition, order of appointment of executor or administrator, inventory and final decree of distribution of estate therein, and a full showing that debts of the estate have been paid and the district judge giving notice by publication for the period of three (3) weeks of the intention of the petitioner to have the probate proceedings admitted in this state as a probate of the estate. If on the day set for hearing the petition no objection is made, the judge shall make an order admitting the certified copies of the proceedings in the estate to record in his court and they shall be considered and treated from that time as original proceedings in his court and shall be conclusive evidence of the facts therein shown. If at such hearing any creditor objects to the proceedings and shows that the decedent is indebted to him, his claim not having been presented in the original state, the matter shall be postponed and the creditor or other person shall be allowed to petition for letters of administration as in other cases. This section shall not be construed to prevent the courts of this state from appointing a temporary administrator in this state to collect and preserve the property of the estate of the deceased person which may be located in this state.
Wyo. Stat. § 2-1-103 — WY Code / Title 2 / Chapter 1 / Section 2-1-103
§ 2-1-103. Objections to appointments
Status: in_force

For appointments made pursuant to the Wyoming Probate Code, unless a shorter period of time is specified in the code or by the court, or where an appointment will be made with no hearing or no notice, all persons having an objection to the appointment of any person as a personal representative, administrator, executor, trustee, conservator, fiduciary or receiver shall file the objection in the court considering the appointment no less than five (5) days prior to any hearing scheduled to consider the appointment. A court may waive this requirement upon a showing of good cause.
Wyo. Stat. § 2-3-831 — WY Code / Title 2 / Chapter 3 / Section 2-3-831
§ 2-3-831. Adjustments between principal and income
Status: repealed

(a) Subject to W.S. 2-3-826 and 2-3-827 , a trustee may, in the discretion of the trustee, allocate to income, principal or partly to each, the ordinary expenses incurred in connection with the administration, management or preservation of trust property and the distribution of income including the compensation of the trustee and of agents hired by the trustee including investment advisors, custodians or income tax preparation services.

(i) to (iii) Repealed by Laws 2015, ch. 79, § 3, eff. July 1, 2015.

(b) If the amount of an estate tax marital deduction or charitable contribution deduction is reduced because a fiduciary deducts an amount paid from principal for income tax purposes instead of deducting it for estate tax purposes, and as a result estate taxes paid from principal are increased and income taxes paid by an estate, trust or beneficiary are decreased, each estate, trust or beneficiary that benefits from the decrease in income tax shall reimburse the principal from which the increase in estate tax is paid. The total reimbursement must equal the increase in the estate tax to the extent that the principal used to pay the increase would have qualified for a marital deduction or charitable contribution deduction but for the payment. The proportionate share of the reimbursement for each estate, trust or beneficiary whose income taxes are reduced must be the same as its proportionate share of the total decrease in income tax. An estate or trust shall reimburse principal from income.
Wyo. Stat. § 2-6-121 — WY Code / Title 2 / Chapter 6 / Section 2-6-121
§ 2-6-121. Petition and procedure for filing of will without probate or administration
Status: in_force

(a) Concurrently with the filing with the clerk of a will of a deceased person, or at any time thereafter, the executor or any distributee named therein may file a sworn petition for filing of the will without probate or administration. The petition shall show:

(i) The date and place of death of the decedent, and county and state of last residence of the decedent;

(ii) The names, ages and residences of the heirs and devisees of the decedent, so far as known to the petitioner;

(iii) That a true copy of the will and a true copy of the petition have been mailed to each of the heirs and devisees; and

(iv) That, pending possible subsequent action, the petition and the will are to be filed and indexed by the clerk, without further proceedings.

(b) The clerk shall receive, file and index the petition, and annex the will thereto, and maintain same as part of the permanent files. No filing fee shall be charged.

(c) No proceedings under this section may be commenced after the filing of a petition under W.S. 2-6-122 or 2-6-201 , nor after the entry of an order by the court pursuant to W.S. 2-6-120 making other provisions for the disposition of the will.
Wyo. Stat. § 2-13-105 — WY Code / Title 2 / Chapter 13 / Section 2-13-105
§ 2-13-105. Joint tenants or tenants by the entirety
Status: in_force

Where there is no sufficient evidence that two (2) joint tenants or tenants by the entirety have died otherwise than simultaneously the property so held shall be distributed one-half (1/2) as if one (1) had survived and one-half (1/2) as if the other had survived. If there are more than two (2) joint tenants and all of them have so died the property thus distributed shall be in the proportion that one (1) bears to the whole number of joint tenants.
Wyo. Stat. § 2-6-103 — WY Code / Title 2 / Chapter 6 / Section 2-6-103
§ 2-6-103. Property passed may be governed by trust instrument
Status: in_force

By a will signed and attested as provided in this article a testator may devise and bequeath real and personal estate to a trustee of a trust which is evidenced by a written instrument in existence when the will is made and which is identified in the will, even though the trust is subject to amendment, modification, revocation or termination. Unless the will provides otherwise the estate so devised and bequeathed is governed by the terms and provisions of the instrument creating the trust including any amendments or modifications in writing made before or after the making of the will and before the death of the testator.
Wyo. Stat. § 2-1-203 — WY Code / Title 2 / Chapter 1 / Section 2-1-203
§ 2-1-203. Deposits by minors or persons under a disability; joint and trust deposits; pay-on-death accounts
Status: in_force

(a) Deposits by minors or other persons under a legal disability may be paid on the order of the depositor and the payments are legally valid.

(b) Any portion of a deposit by two (2) or more persons payable to either or any depositor, or to the survivor of the depositors, and interest or dividends thereon, may be paid in accordance with the contract of deposit. The receipt of the payment by the person paid is a valid and sufficient release and discharge to the financial institution for any payment made.

(c) Any portion of a deposit by any person in trust for another and interest or dividends thereon, in the absence of other written notice to the financial institution of the existence and terms of a legal and valid trust, may be paid to the persons for whom the deposit was made in the event of death of the depositor.

(d) Any payable on death (P.O.D.) account may be paid, on request, to any original party to the account. Payment may be made, on request, to the P.O.D. payee or in equal proportions to multiple P.O.D. payees upon presentation to the financial institution of proof of death showing that the P.O.D. payee or payees survived all persons named as original payees. Payment may be made to the personal representative or heirs of a deceased original payee if proof of death is presented to the financial institution showing that his decedent was the survivor of all other persons named on the account either as an original payee or as P.O.D. payee. The receipt of the payment by the person paid is a valid and sufficient release and discharge to the financial institution for any payment made. A person named as a payee in a P.O.D. account has no enforceable rights therein during the lifetime of the person or persons creating the account. As used in this subsection:

(i) “P.O.D. account” means an account payable on request to one (1) person during his lifetime and on his death to one (1) or more P.O.D. payees, or to one (1) or more persons during their lifetimes and on the death of all of them to one (1) or more P.O.D. payees;

(ii) “P.O.D. payee” means a person designated on a P.O.D. account as one to whom the account is payable on request after the death of all original payees.
Wyo. Stat. § 2-12-101 — WY Code / Title 2 / Chapter 12 / Section 2-12-101
§ 2-12-101. Filing of petition; information to be shown; appointing day for hearing
Status: in_force

Whenever any resident of this state who owns or is entitled to the possession of any real or personal property situate therein is missing, or his whereabouts is unknown for ninety (90) days, and a verified petition is presented to the court of the county of which the missing person is a resident representing that the whereabouts of the missing person has been for such time and still is unknown, that his estate requires attention, supervision and care of ownership, and setting forth the names, ages and residence of the relatives of the missing person who would be heirs at law were the missing person deceased, the court shall order the petition to be filed and appoint a day for hearing the petition not less than ten (10) days from the date of the order.
Wyo. Stat. § 2-3-103 — WY Code / Title 2 / Chapter 3 / Section 2-3-103
§ 2-3-103. Letters and bonds to be recorded
Status: in_force

All letters testamentary or of administration issued to, and all bonds executed by personal representatives, with the affidavits and certificates thereon, shall be recorded by the clerk of the court.
Wyo. Stat. § 2-13-107 — WY Code / Title 2 / Chapter 13 / Section 2-13-107
§ 2-13-107. Construction and interpretation
Status: in_force

This act shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it.
Wyo. Stat. § 2-18-104 — WY Code / Title 2 / Chapter 18 / Section 2-18-104
§ 2-18-104. Form of transfer on death deed
Status: in_force

A transfer on death deed is sufficient if it complies with other applicable law and if it is in substantially the following form:

Transfer on Death Deed

I (we) ․․․․ (owner) hereby convey to ․․․․ (grantee beneficiary) effective on my (our) death the following described real property:

(Legal Description)

If a grantee beneficiary predeceases the owner, the conveyance to that grantee beneficiary must either (choose one):

[ ] Become void.

[ ] Become part of the estate of the grantee beneficiary.

Dated this ․․․․ day of ․․․․ year).

(Signature of grantor(s))

(Acknowledgment)
Wyo. Stat. § 2-2-301 — WY Code / Title 2 / Chapter 2 / Section 2-2-301
§ 2-2-301. Contents of orders and decrees; recording
Status: in_force

Orders and decrees of the court in probate proceedings need not recite the existence of facts or the performance of acts upon which the jurisdiction of the court or judge may depend, but need only contain the matters ordered or adjudged, except as otherwise provided in this chapter. All orders, judgments and decrees of the court shall be entered at length in the proper journal of the court. When a judgment or decree is made setting apart a homestead, confirming a sale, making a distribution of real property, or determining any other matter affecting the title to real property, a certified copy shall be recorded in the office of the county clerk of the county in which the property is situated.
Wyo. Stat. § 2-9-102 — WY Code / Title 2 / Chapter 9 / Section 2-9-102
§ 2-9-102. Affidavit of survivorship; recordation; copy of death certificate to be attached
Status: in_force

If any person dies who is the owner of a life estate which terminates by reason of his death, or if any person dies who is the owner with his surviving spouse of an estate by entireties, or if any person dies who is the owner with another of a joint estate or an estate in joint tenancy, any person interested in the affected property or the title thereto may make the death a matter of record by recording in the office of the county clerk of the county in which the property is situate an affidavit describing the property, the instrument under which the estate was vested with appropriate references to its recording data if the instrument was recorded, and certifying under oath to the death of the decedent as the party who was named in and whose death terminated his previous estate in the property under the vesting instrument. The affidavit shall have attached thereto a copy of the official death certificate of the decedent, certified to by the public authority in which the original death certificate is a matter of record.
Wyo. Stat. § 2-7-206 — WY Code / Title 2 / Chapter 7 / Section 2-7-206
§ 2-7-206. Proof by affidavit; filing thereof
Status: in_force

(a) The proof of publication of the notices required in W.S. 2-7-201 , 2-7-202 and 2-7-203 shall be by affidavit of the publisher.

(b) The proof of mailing or delivery of all notices required in W.S. 2-7-201 , 2-7-202 , 2-7-203 , 2-7-204 and 2-7-205 shall be by affidavit of the personal representative or his attorney.

(c) The affidavits for proof of publication and mailing notices shall be filed with the clerk of court from which the letters were issued.
Wyo. Stat. § 2-15-106 — WY Code / Title 2 / Chapter 15 / Section 2-15-106
§ 2-15-106. Liability of agent
Status: in_force

The agent is liable on his bond for the care and preservation of the estate while in his hands and for disposition of the proceeds of the sale as required by this chapter, and may be sued thereon by any person interested, or such suit may be ordered by the court.
Wyo. Stat. § 2-2-305 — WY Code / Title 2 / Chapter 2 / Section 2-2-305
§ 2-2-305. Citations; service
Status: in_force

The citation shall be served in the same manner as a summons in a civil action.
Wyo. Stat. § 2-7-714 — WY Code / Title 2 / Chapter 7 / Section 2-7-714
§ 2-7-714. Claims barred by statute of limitations precluded
Status: in_force

No claim shall be allowed by the personal representative which is barred by the statute of limitations.
Wyo. Stat. § 2-3-832 — WY Code / Title 2 / Chapter 3 / Section 2-3-832
§ 2-3-832. Judicial control of discretionary powers
Status: in_force

(a) A court shall not change a fiduciary's decision to exercise or not to exercise a discretionary power conferred by this act unless it determines that the decision was an abuse of the fiduciary's discretion. A court shall not determine that a fiduciary abused its discretion merely because the court would have exercised the discretion in a different manner or would not have exercised the discretion.

(b) The decisions to which subsection (a) of this section applies include:

(i) A determination under W.S. 2-3-804(a) of whether and to what extent an amount should be transferred from principal to income or from income to principal;

(ii) A determination of the factors that are relevant to the trust and its beneficiaries, the extent to which they are relevant, and the weight, if any, to be given to the relevant factors, in deciding whether and to what extent to exercise the power conferred by W.S. 2-3-804(a) .

(c) If a court determines that a fiduciary has abused its discretion, the remedy is to restore the income and remainder beneficiaries to the positions they would have occupied if the fiduciary had not abused its discretion, according to the following rules:

(i) To the extent that the abuse of discretion has resulted in no distribution to a beneficiary or a distribution that is too small, the court shall require the fiduciary to distribute from the trust to the beneficiary an amount that the court determines will restore the beneficiary, in whole or in part, to his appropriate position;

(ii) To the extent that the abuse of discretion has resulted in a distribution to a beneficiary that is too large, the court shall restore the beneficiaries, the trust, or both, in whole or in part, to their appropriate positions by requiring the fiduciary to withhold an amount from one (1) or more future distributions to the beneficiary who received the distribution that was too large or requiring that beneficiary to return some or all of the distribution to the trust;

(iii) To the extent that the court is unable, after applying paragraphs (i) and (ii) of this subsection, to restore the beneficiaries, the trust, or both, to the positions they would have occupied if the fiduciary had not abused its discretion, the court may require the fiduciary to pay an appropriate amount from its own funds to one (1) or more of the beneficiaries or the trust or both.

(d) Upon a petition by the fiduciary, the court having jurisdiction over the trust or estate shall determine whether a proposed exercise or nonexercise by the fiduciary of a discretionary power conferred by this act will result in an abuse of the fiduciary's discretion. If the petition describes the proposed exercise or nonexercise of the power and contains sufficient information to inform the beneficiaries of the reasons for the proposal, the facts upon which the fiduciary relies, and an explanation of how the income and remainder beneficiaries will be affected by the proposed exercise or nonexercise of the power, a beneficiary who challenges the proposed exercise or nonexercise has the burden of establishing that it will result in an abuse of discretion.
Wyo. Stat. § 2-3-137 — WY Code / Title 2 / Chapter 3 / Section 2-3-137
§ 2-3-137. Hearing upon affidavit of interested person; citation and service thereof
Status: in_force

The court shall make an order fixing the time and place of the hearing. The clerk shall issue citation to be served upon the officer charged as delinquent and upon the heirs, ward, cestui que trust or bondsmen. The citation shall be served by the sheriff upon the person or persons to be served, or by registered mail if personal service cannot be made in the county. The citation shall notify the persons served of the time and place of the hearing.
Wyo. Stat. § 2-3-131 — WY Code / Title 2 / Chapter 3 / Section 2-3-131
§ 2-3-131. Suspension of personal representative's powers for waste; compelling attendance and answers
Status: in_force

In the proceedings for the removal of a personal representative, the court may compel his attendance by attachment, and may compel him to answer questions on oath touching his administration. Upon his refusal, the court may commit him until he obeys, revoke his letters, or both.
Wyo. Stat. § 2-7-813 — WY Code / Title 2 / Chapter 7 / Section 2-7-813
§ 2-7-813. Final decree of distribution
Status: in_force

Upon approval by the court of the final report and accounting and petition for distribution with any changes, corrections, amendments or supplements as may be required, the court shall enter a final decree of distribution. In the decree the court shall name the persons and the proportions or parts of the estate to which each is entitled. The personal representative shall proceed forthwith to make the distributions. The distributees may demand, sue for and recover their respective shares from the personal representative or any person having the same in possession.
Wyo. Stat. § 2-3-1014 — WY Code / Title 2 / Chapter 3 / Section 2-3-1014
§ 2-3-1014. Disclosure of digital assets to conservator of a ward
Status: in_force

(a) After an opportunity for a hearing under title 3, chapter 2 of the Wyoming statutes , the court may grant a conservator access to the digital assets of a ward.

(b) Unless otherwise directed by a court order or a user as specified in W.S. 2-3-1004 , a custodian shall disclose to a conservator the catalogue of electronic communications sent or received by a ward and digital assets in which the ward has a right or interest, other than the content of electronic communications, if the conservator provides the custodian with the following:

(i) A request for disclosure in written or electronic form;

(ii) A certified copy of the court order that gives the conservator authority over the digital assets of the ward; and

(iii) If requested by the custodian:

(A) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the account of the ward; or

(B) Evidence linking the account to the ward.

(c) A conservator with general authority to manage the assets of a ward may request a custodian of the digital assets of the ward to suspend or terminate an account of the ward for good cause. A request made under this subsection shall be accompanied by a certified copy of the court order that gives the conservator authority over the ward's property.
Wyo. Stat. § 2-6-120 — WY Code / Title 2 / Chapter 6 / Section 2-6-120
§ 2-6-120. Notification of executor; disposition where no petition filed
Status: in_force

Upon receipt of a will for filing, with information that the maker thereof is dead, the clerk shall notify the party, if any, named as executor of the will, and as many of the distributees named therein as may be readily located. If no action pursuant to W.S. 2-6-121 , 2-6-122 or 2-6-201 is taken by any party within thirty (30) days after the giving of such notice, the clerk shall report the matter to the court and the court may make orders as it deems appropriate for the disposition of the will.
Wyo. Stat. § 2-7-716 — WY Code / Title 2 / Chapter 7 / Section 2-7-716
§ 2-7-716. Stay of probate proceedings pending final disposition of claims and litigation
Status: in_force

Pending final adjudication of all claims and litigation as to which claims have been timely filed, the personal representative shall proceed with the administration of the estate to the extent possible without prejudicing the possible rights of creditors, but the estate shall not be closed and no payment of claims or distributions to distributees shall be made which would impair the ability of the estate to honor the claims as finally adjudicated, in accordance with their priority. The personal representative may obtain extensions of time in which to file tax returns and pay taxes, and incur interest charges with respect to the payment of those taxes, until all claims, the payment of which would affect the amount of the taxes due, and litigation is adjudicated.
Wyo. Stat. § 2-9-103 — WY Code / Title 2 / Chapter 9 / Section 2-9-103
§ 2-9-103. Affidavit of survivorship; prima facie evidence; procedure deemed independent
Status: in_force

Each affidavit signed, sworn to and recorded substantially in compliance with the provisions of W.S. 2-9-102 , constitutes prima facie evidence that all facts recited therein are true. The permissive and nonjudicial procedure provided by W.S. 2-9-102 and 2-9-103 shall be independent of and shall not affect or be affected by the procedure provided under W.S. 2-9-101 .
Wyo. Stat. § 2-4-203 — WY Code / Title 2 / Chapter 4 / Section 2-4-203
§ 2-4-203. Persons incompetent to administer
Status: in_force

(a) No person is competent or entitled to serve as administrator, who is:

(i) Under the age of majority;

(ii) Not a bona fide resident of the state unless a resident of Wyoming is appointed coadministrator; or

(iii) Adjudged by the court or commissioner incompetent to execute the duties of the trust.
Wyo. Stat. § 2-7-804 — WY Code / Title 2 / Chapter 7 / Section 2-7-804
§ 2-7-804. Fees of attorney for estate; schedule
Status: in_force

(a) If the court determines that by reason of unusual circumstances the fee computed hereafter is not equitable after considering the time and effort reasonably expended and the responsibility with which the personal representative was charged, the court may allow such additional fee as the court determines proper. The court shall allow the attorney for the estate fees for ordinary services rendered to the estate unless the attorney files a written waiver as to a part or all thereof. The fees shall be computed on the basis of the amount of the decedent's probate estate accounted for as follows:

(i) For the first one thousand dollars ($1,000.00) of the basis, ten percent (10%);

(ii) For the amount over one thousand dollars ($1,000.00) and not exceeding five thousand dollars ($5,000.00) of the basis, five percent (5%);

(iii) For the amount over five thousand dollars ($5,000.00) and not exceeding twenty thousand dollars ($20,000.00) of the basis, three percent (3%);

(iv) For all sums over twenty thousand dollars ($20,000.00) of the basis, two percent (2%).

(b) In addition, further fees as are just and reasonable may be allowed by the court to the attorney for the estate for extraordinary expenses or services actually incurred or rendered by the attorney and necessary to the proper administration and distribution of the estate. Extraordinary services shall include but not be limited to services rendered by the attorney relative to any tax matters and services rendered by the attorney in connection with any litigation to which the decedent or the estate is a party.

(c) The amount of the decedent's probate estate accounted for shall be determined pursuant to W.S. 2-7-803(c) .

(d) Nothing herein shall prevent the personal representative and the attorney from negotiating lower fees.
Wyo. Stat. § 2-3-132 — WY Code / Title 2 / Chapter 3 / Section 2-3-132
§ 2-3-132. Petition for revocation by prior claimant; generally
Status: in_force

When letters of administration are granted to any person other than the surviving husband or wife, child, father, mother, brother or sister of the intestate, any one (1) of them who is competent, or any competent person at the written request of any one (1) of them, may obtain the revocation of the letters and be entitled to administration by presenting to the court a petition so praying.
Wyo. Stat. § 2-7-809 — WY Code / Title 2 / Chapter 7 / Section 2-7-809
§ 2-7-809. Contribution among legatees
Status: in_force

When property specifically given by will has been sold for the payment of debts, taxes or expenses of administration, all of the distributees shall contribute according to their respective interests, subject to W.S. 2-7-808 , to the distributee whose devise or legacy has been sold. When distribution is made, the court shall settle the amount of the several liabilities, decree the amount each person shall contribute and reserve that amount from their distributive shares for the purpose of paying the contribution.
Wyo. Stat. § 2-6-112 — WY Code / Title 2 / Chapter 6 / Section 2-6-112
§ 2-6-112. Will to be in writing; number and competency of witnesses; signature of testator; subscribing witness not to benefit; exception
Status: in_force

(a) Except as provided in W.S. 2-6-113 , all wills to be valid shall be in writing, or typewritten, witnessed by two (2) competent witnesses and signed by the testator or by some person in his presence and by his express direction. If the witnesses are competent at the time of attesting the execution of the will, their subsequent incompetency shall not prevent the probate and allowance of the will. No subscribing witness to any will can derive any benefit therefrom unless there are two (2) disinterested and competent witnesses to the same, but if without a will the witness would be entitled to any portion of the testator's estate, the witness may still receive the portion to the extent and value of the amount devised.

(b) Witnesses to a will may appear in person or by the use of audio-video communication technology, provided that the witnesses can see and hear the testator in real time, have the opportunity to judge the competency of the testator, have the ability to securely sign the will electronically and can determine that the testator is freely and voluntarily signing and executing the will.
Wyo. Stat. § 2-7-619 — WY Code / Title 2 / Chapter 7 / Section 2-7-619
§ 2-7-619. Bond to prevent sale; liability for breach; effect of compliance
Status: in_force

(a) Any person interested in the estate may prevent a sale, mortgage, pledge, exchange or lease of the whole or any part of the real estate or personal property for any purpose by giving bond to the satisfaction of the court, conditioned that he will pay such demands against the estate as the court shall require not to exceed the value of the property thus kept from sale, mortgage, pledge, exchange or lease as soon as called upon by the court for that purpose.

(b) If the conditions of the bond are broken the property will be liable for the debts unless it has passed into the hands of innocent purchasers, and the personal representative may take possession thereof and sell it under the direction of the court, or he may prosecute the bond, or pursue both remedies at the same time if the court so directs.

(c) If the conditions of the bond are complied with the property shall pass by devise, bequest, distribution or descent as though there had been no debts against the estate.
Wyo. Stat. § 2-6-304 — WY Code / Title 2 / Chapter 6 / Section 2-6-304
§ 2-6-304. Cessation of executor's powers; immunity
Status: in_force

Upon the revocation being made, the powers of the executor cease, but the executor is not liable for any act done in good faith previous to the revocation.
Wyo. Stat. § 2-4-209 — WY Code / Title 2 / Chapter 4 / Section 2-4-209
§ 2-4-209. Letters granted to any applicant if not contested
Status: in_force

Letters of administration shall be granted to any applicant, though it appears there are other persons having better rights to the administration, when those persons fail to appear either in person or by agent or attorney and claim the issuing of letters themselves.
Wyo. Stat. § 2-5-101 — WY Code / Title 2 / Chapter 5 / Section 2-5-101
§ 2-5-101. Elective share of property
Status: in_force

(a) If a married person domiciled in this state shall by will deprive the surviving spouse of more than the elective share, as hereafter set forth, of the property which is subject to disposition under the will, reduced by funeral and administration expenses, homestead allowance, family allowances and exemption, and enforceable claims, the surviving spouse has a right of election to take an elective share of that property as follows:

(i) One-half (1/2) if there are no surviving issue of the decedent, or if the surviving spouse is also a parent of any of the surviving issue of the decedent; or

(ii) One-fourth (1/4), if the surviving spouse is not the parent of any surviving issue of the decedent.

(b) If a married person not domiciled in this state dies, the right, if any, of the surviving spouse to take an elective share in property in this state is governed by the law of the decedent's domicile at death.

(c) If the surviving spouse of a married person domiciled in this state dies or becomes incompetent within three (3) months after the will is admitted to probate or before being advised of the right of election as in W.S. 2-5-104 provided, a personal representative or guardian of the estate of the deceased or incompetent surviving spouse has the same right of election as the surviving spouse would have had if living or competent.

(d) If the surviving spouse or his personal representative or guardian fails to exercise the right of election within the time provided in W.S. 2-5-105 , the will shall govern and control the distribution of the estate.
Wyo. Stat. § 2-6-110 — WY Code / Title 2 / Chapter 6 / Section 2-6-110
§ 2-6-110. Exercise of power of appointment
Status: in_force

A general residuary clause in a will, or a will making general disposition of all of the testator's property, does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some other indication of intention to include the property subject to the power.
Wyo. Stat. § 2-12-104 — WY Code / Title 2 / Chapter 12 / Section 2-12-104
§ 2-12-104. Preference in appointing trustee
Status: in_force

In appointing a trustee, the court shall give preference to the wife or husband of the missing person or their nominee, and in the absence of a husband or wife, some person willing to act and entitled to participate in the distribution of the missing person's estate were he or she deceased, or a creditor of the missing person.
Wyo. Stat. § 2-3-301 — WY Code / Title 2 / Chapter 3 / Section 2-3-301
§ 2-3-301. Standard for fiduciaries; authority to acquire and retain property and investments
Status: in_force

(a) In acquiring, investing, reinvesting, exchanging, retaining, selling and managing property for the benefit of another, a fiduciary shall exercise the judgment and care of a prudent investor as specified under W.S. 4-10-901 through 4-10-913 .

(b) Within the limitations of the foregoing standard, a fiduciary may:

(i) Acquire and retain every kind of property, real, personal or mixed, and every kind of investment, specifically including bonds, debentures and other corporate obligations, and stocks, preferred or common, which persons of prudence, discretion and intelligence acquire or retain for their own account;

(ii) Retain property properly acquired, without limitation as to time and without regard to its suitability for original purchase.

(c) Any bank as defined by W.S. 13-1-101 or any trust company formed under W.S. 13-5-102 , that is acting as a fiduciary or agent may, in its discretion or at the direction of another person who is authorized to direct the investment of money held by the bank or trust company, invest in the securities of an open end or closed end management investment company or investment trust that is registered under the federal Investment Company Act of 1940, as amended. The bank or trust company, or any affiliate thereof, may provide services to the investment trust or investment company, including acting as an investment advisor, manager, sponsor, distributor, custodian, transfer agent or registrar, and may receive reasonable compensation for the services. Provided, however, that with respect to any funds invested, the bank or trust company or its affiliate shall disclose to the persons to whom statements of the account are rendered consistent with the requirements of W.S. 4-10-802(f) .
Wyo. Stat. § 2-7-507 — WY Code / Title 2 / Chapter 7 / Section 2-7-507
§ 2-7-507. Duty of appraisers to appraise and divide homestead
Status: in_force

If the homestead is returned in the appraisement at more than the value of the homestead exemption set forth in W.S. 2-7-508 , the appraisers shall determine whether the premises can be divided without material injury. If they can be divided, the appraisers shall admeasure and set apart to the parties entitled thereto the portion of the premises, including the dwelling house, as will amount in value to the homestead exemption and make report thereof giving the metes, bounds and full description of the portion set apart as a homestead. If the appraisers find that the premises exceed in value the homestead exemption and the premises cannot be divided without material injury, they shall report the finding, and thereafter the court may make an order for the sale of the premises and the distribution of the proceeds to the parties entitled thereto.
Wyo. Stat. § 2-3-107 — WY Code / Title 2 / Chapter 3 / Section 2-3-107
§ 2-3-107. Separate bond required from each personal representative
Status: in_force

When two (2) or more persons are appointed personal representatives, a separate bond is required from each of them in the same amount as would be required from one.
Wyo. Stat. § 2-16-111 — WY Code / Title 2 / Chapter 16 / Section 2-16-111
§ 2-16-111. Terms, conditions and forms for registration
Status: in_force

A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (1) for registrations in beneficiary form, and (2) for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for “lineal descendants per stirpes.” This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one (1) or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions.
Wyo. Stat. § 2-7-611 — WY Code / Title 2 / Chapter 7 / Section 2-7-611
§ 2-7-611. When real property deemed personalty; when personalty deemed real property
Status: in_force

(a) Real property acquired by the personal representative by the completion of foreclosure proceedings or by the forfeiture of real estate contracts after the death of the decedent is deemed to be personal property for the purpose of administration and distribution of the estate.

(b) In all cases of sale of real property by a personal representative under order of court, the surplus of the proceeds of sale remaining after the payment of debts and charges is deemed to be real property and shall be disposed of in the same proportions as the real property would have been if it had not been sold.
Wyo. Stat. § 2-3-834 — WY Code / Title 2 / Chapter 3 / Section 2-3-834
§ 2-3-834. Application of act to trusts and estates; principal place of administration
Status: in_force

This act applies to every trust that has its principal place of administration in Wyoming and to every decedent's estate probated in Wyoming except where the trust or will expressly applies the principal and income act of another state or as otherwise expressly provided in this act.
Wyo. Stat. § 2-3-1007 — WY Code / Title 2 / Chapter 3 / Section 2-3-1007
§ 2-3-1007. Disclosure of the content of electronic communications of a deceased user
Status: in_force

(a) A custodian shall disclose to a personal representative of the estate of a deceased user the content of electronic communications sent or received by the user if the user directed disclosure as specified in W.S. 2-3-1004 or a court directs disclosure of the content of electronic communications of the user and if the representative provides the custodian with the following:

(i) A request for disclosure in written or electronic form;

(ii) A certified copy of the death certificate of the user;

(iii) A certified copy of the court order appointing the personal representative;

(iv) Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney or other like record evidencing the user's consent to disclosure of the content of electronic communications; and

(v) If requested by the custodian:

(A) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account;

(B) Evidence linking the account to the user; or

(C) A finding by a circuit court or other court of competent jurisdiction that:

(I) The user had a specific account with the custodian identifiable by the information specified in subparagraph (A) of this paragraph;

(II) Disclosure of the content of electronic communications of the user would not violate section 2701 et seq. of title 18 of the United States Code , as amended, or section 222 of title 47 of the United States Code , as amended, or other applicable law;

(III) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications as specified in W.S. 2-3-1004 ; or

(IV) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
Wyo. Stat. § 2-7-407 — WY Code / Title 2 / Chapter 7 / Section 2-7-407
§ 2-7-407. Effect of naming debtor as personal representative
Status: in_force

The naming of a debtor as personal representative does not discharge him from any just claim which the testator has against him. The claim shall be included in the inventory and the personal representative is liable for the same when the debt or demand becomes due.
Wyo. Stat. § 2-7-727 — WY Code / Title 2 / Chapter 7 / Section 2-7-727
§ 2-7-727. Rights of creditors not affected
Status: in_force

This act does not affect rights of creditors with respect to property to which this act applies.
Wyo. Stat. § 2-1-401 — WY Code / Title 2 / Chapter 1 / Section 2-1-401
§ 2-1-401. Right to disclaim
Status: in_force

(a) Any person may disclaim any interest in property which without a disclaimer he would receive by gift, bequest, devise, inheritance, beneficiary designation, the exercise of a power of appointment or would pass by right of survivorship.

(b) Except to the extent a fiduciary's right to disclaim is expressly restricted or limited by another statute of this state or by the instrument creating the fiduciary relationship, a fiduciary may disclaim any interest in property which without a disclaimer he would receive by gift, bequest, devise, inheritance, beneficiary designation, the exercise of a power of appointment or would pass by right of survivorship, whether acting in a personal or representative capacity. A fiduciary acting under a power of attorney shall have the right to disclaim an interest in property if expressly authorized to disclaim the interest under the terms of the instrument creating the power of attorney.
Wyo. Stat. § 2-7-702 — WY Code / Title 2 / Chapter 7 / Section 2-7-702
§ 2-7-702. Debts and charges; order of payment
Status: in_force

Payment of debts and charges of the estate shall be made in the order provided in the preceding section [ § 2-7-701 ] without preference of any claim over another of the same class. If the assets of the estate are insufficient to pay in full all of the claims of a class, then the claims shall be paid on a pro rata basis without preference between claims then due and those of the same class not due.
Wyo. Stat. § 2-7-706 — WY Code / Title 2 / Chapter 7 / Section 2-7-706
§ 2-7-706. Claim based on cause of action surviving decedent's death
Status: in_force

Where a cause of action against the decedent survives his death under W.S. 1-4-101 and 1-4-102 , before an action may be brought thereon in any court, a claim based thereon shall be filed and shall have been rejected by the personal representative. The running of the applicable statute of limitations on the cause of action shall be tolled from the time the claim is filed until five (5) days after the date of mailing of notice of rejection by the personal representative. Any judgment rendered by any court with respect to which compliance with this section has not been accomplished, if sought to be enforced, shall be deemed to be a claim not timely filed under W.S. 2-7-703 .
Wyo. Stat. § 2-4-202 — WY Code / Title 2 / Chapter 4 / Section 2-4-202
§ 2-4-202. Appointment of administrator(s)
Status: in_force

Where there are several persons equally entitled to administer, the court, or commissioner in vacation may grant letters to one (1) or more of them. When a creditor is claiming letters, the court, or commissioner in vacation, may at the request of another creditor grant letters to any other person legally competent.
Wyo. Stat. § 2-14-101 — WY Code / Title 2 / Chapter 14 / Section 2-14-101
§ 2-14-101. Taking of life precludes one from inheritance, insurance or survivorship benefits; how benefits distributed; notification of insurer necessary
Status: in_force

(a) No person who feloniously takes or causes or procures another to take the life of another shall:

(i) Inherit from or take by devise or legacy from the deceased person any portion of his estate;

(ii) Inherit, receive or otherwise take any property held with the deceased person in a joint tenancy with rights of survivorship, tenancy by the entirety or any other form of co-ownership with rights of survivorship;

(iii) Inherit, receive or otherwise take any property conveyed by the deceased person by beneficiary designation, transfer on death designation, payable on death designation or other conveyance that occurs because of the death of the deceased person;

(iv) Serve through nomination, appointment or otherwise in any fiduciary or representative capacity for the deceased person, including as a personal representative, executor, trustee or agent. Any provision in a governing instrument conferring any power of appointment on the killer shall be deemed to have been terminated at the time immediately preceding the killing of the deceased person.

(b) No beneficiary of any policy of life or accident insurance or certificates of membership issued by any benevolent association or organization, payable upon the death of any person, who in like manner takes or causes or procures another to take the life of another, shall take the proceeds of such policy or certificate.

(c) Except as provided in subsection (d) of this section in every instance mentioned in this section all benefits that would accrue to the killer upon the death of the person whose life is taken shall become subject to distribution among the other beneficiaries or heirs of the deceased person according to the will, trust or other valid dispositive instrument of the deceased person as though the killer has predeceased the deceased person, or if no such valid instrument exists, according to the rules of descent and distribution. However, an insurance company is discharged of all liability under a policy issued by it upon payment of the proceeds in accordance with the terms thereof unless before payment the company receives written notice by or in behalf of some claimant other than the beneficiary named in the policy that a claim to the proceeds of the policy will be made by heirs of the deceased under the provisions of this section.

(d) For purposes of paragraph (a)(ii) of this section, the interests of the deceased person and the killer in property held by them at the time of the killing as joint tenants with the right of survivorship, tenants by entirety or any other form of co-ownership with rights of survivorship shall be deemed to have been terminated at the time immediately preceding the killing of the deceased person and the interests of the deceased person and the killer shall be recognized as tenancies in common.

(e) As used in this section, “ killer ” means the person who feloniously takes or causes or procures another to take the life of another person as provided in subsection (a) of this section.
Wyo. Stat. § 2-7-625 — WY Code / Title 2 / Chapter 7 / Section 2-7-625
§ 2-7-625. Joining report with petition
Status: in_force

The report of any private sale, mortgage, exchange or lease of real property, as provided in W.S. 2-7-624 may be joined with the petition provided in W.S. 2-7-614 .
Wyo. Stat. § 2-7-627 — WY Code / Title 2 / Chapter 7 / Section 2-7-627
§ 2-7-627. Optional procedure
Status: in_force

In those instances to which W.S. 2-3-501 through 2-3-504 are applicable, the personal representative may proceed thereunder or proceed under W.S. 2-7-612 to 2-7-626 .
Wyo. Stat. § 2-4-108 — WY Code / Title 2 / Chapter 4 / Section 2-4-108
§ 2-4-108. Advancements generally; exceptions; determination
Status: in_force

(a) If a person dies intestate, property which he gave in his lifetime to an heir is treated as an advancement against the latter's share of the estate only if declared in a contemporaneous writing by the decedent or acknowledged in writing by the heir to be an advancement. For this purpose the property advanced is valued as of the time the heir came into possession or enjoyment of the property. If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the intestate share to be received by the recipient's issue, unless the declaration or acknowledgment provides otherwise.

(b) The maintenance, education or supply of money to a minor, without any view to apportion or settlement in life, is not deemed an advancement under this section.

(c) When any heir of the intestate receives in his lifetime any real or personal estate by way of advancement, and the other heirs desire it to be charged to him, the judge shall cite the parties to appear before him, shall hear proof upon the subject, and shall determine the amount of such advancement or advancements to be thus charged.
Wyo. Stat. § 2-6-109 — WY Code / Title 2 / Chapter 6 / Section 2-6-109
§ 2-6-109. Nonademption of specific devises where sold by conservator; exception; rights of specific devisee
Status: in_force

(a) If specifically devised property is sold by a conservator, or if a condemnation award or insurance proceeds are paid to a conservator as a result of a condemnation, fire or casualty, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the condemnation award or the insurance proceeds. This subsection does not apply if after the sale, condemnation or casualty, it is adjudicated that the disability of the testator has ceased and the testator survives the adjudication by one (1) year. The right of the specific devisee under this subsection is reduced by any right he has under subsection (b) of this section.

(b) A specific devisee has the right to the remaining specifically devised property and:

(i) Any balance of the purchase price together with any security interest owing from a purchaser to the testator at death by reason of sale of the property;

(ii) Any amount of a condemnation award for the taking of the property unpaid at death;

(iii) Any proceeds unpaid at death on a fire or casualty insurance on the property; and

(iv) Property owned by testator at his death as a result of foreclosure, or obtained in lieu of foreclosure, of the security for a specifically devised obligation.
Wyo. Stat. § 2-11-302 — WY Code / Title 2 / Chapter 11 / Section 2-11-302
§ 2-11-302. Naming of executors and trustees; powers; generally
Status: in_force

A domiciliary foreign personal representative who has complied with W.S. 2-11-301 may exercise as to assets in this state all powers of a local personal representative and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident parties generally.
Wyo. Stat. § 2-7-713 — WY Code / Title 2 / Chapter 7 / Section 2-7-713
§ 2-7-713. Claims allowed in part
Status: in_force

Whenever the personal representative allows a claim in part, he shall state in his report to the clerk the amount he allows. If the creditor refuses to accept the amount allowed in full satisfaction of his claim, he shall recover no costs in any action brought against the personal representative unless he is granted judgment for a greater amount than that allowed.
Wyo. Stat. § 2-3-1002 — WY Code / Title 2 / Chapter 3 / Section 2-3-1002
§ 2-3-1002. Definitions
Status: in_force

(a) As used in this act:

(i) “ Account ” means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives or stores a digital asset of a user or provides goods or services to a user;

(ii) “ Agent ” means an attorney in fact granted authority under a power of attorney;

(iii) “ Carries ” means engages in the transmission of an electronic communication;

(iv) “ Catalogue of electronic communications ” means information that identifies a person with which a user has had an electronic communication, including the person's electronic address, and the time and date of the communication;

(v) “ Content of electronic communications ” means information concerning the substance or meaning of an electronic communication that:

(A) Has been sent or received by a user;

(B) Is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and

(C) Is not readily accessible to the public.

(vi) “ Custodian ” means a person that carries, maintains, processes, receives or stores a digital asset of a user through the internet as defined in W.S. 9-2-3219(a)(iii) ;

(vii) “ Designated recipient ” means a person chosen by a user using an online tool to administer digital assets of the user;

(viii) “ Digital asset ” means an electronic record in which a person has a right or interest. “Digital asset” does not include an underlying asset or liability unless the asset or liability is itself an electronic record;

(ix) “ Electronic ” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities;

(x) “ Electronic communication ” means an electronic communication as defined in section 2510 of title 18 of the United States Code , as amended;

(xi) “ Electronic communication service ” means a custodian that provides to a user the ability to send or receive an electronic communication;

(xii) “ Fiduciary ” means a personal representative, trustee, executor, administrator, guardian, agent, conservator or other person performing substantially these same functions. To be a fiduciary under this act a person must be authorized to act as a fiduciary with respect to the digital assets of a user or a user's estate. A fiduciary shall have those privileges, powers and obligations granted under this act which are not inconsistent with other privileges, powers or obligations imposed by this act on specific types of fiduciaries;

(xiii) “ Information ” means data, text, images, videos, sounds, codes, computer programs, software, databases or the like;

(xiv) “ Online tool ” means an electronic service provided by a custodian that allows a user, in an agreement distinct from a terms of service agreement between the custodian and the user, to provide directions for disclosure or nondisclosure of digital assets to a third person;

(xv) “ Principal ” means a person who grants authority to an agent in a power of attorney;

(xvi) “ Record ” means information that is inscribed on a tangible medium or stored in an electronic or other medium and is retrievable in perceivable form;

(xvii) “ Remote computing service ” means a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in section 2510 of title 18 of the United States Code , as amended;

(xviii) “ Terms of service agreement ” means an agreement that controls the relationship between a user and a custodian;

(xix) “ User ” means a person that has an account with a custodian;

(xx) “ Ward ” means a person for whom a conservator has been appointed, including a person for whom an application for the appointment of a conservator is pending;

(xxi) “This act” means W.S. 2-3-1001 through 2-3-1017 .
Wyo. Stat. § 2-3-804 — WY Code / Title 2 / Chapter 3 / Section 2-3-804
§ 2-3-804. Trustee's power to adjust; liability of trustee
Status: in_force

(a) Subject to subsections (b) and (c) of this section, a trustee may adjust between principal and income to the extent the trustee considers necessary if the trustee invests and manages trust assets as a prudent investor, the terms of the trust describe the amount that may or must be distributed to a beneficiary by referring to the trust's income, and the trustee determines, after applying the rules in W.S. 2-3-803(a) , and considering any power the trustee may have under the trust to invade principal or accumulate income, that the trustee is unable to comply with W.S. 2-3-803(b) .

(b) In deciding whether and to what extent to exercise the power conferred by subsection (a) of this section, a trustee shall consider all factors relevant to the trust and its beneficiaries, including the following factors to the extent they are relevant:

(i) The nature, purpose and expected duration of the trust;

(ii) The intent of the settlor;

(iii) The identity and circumstances of the beneficiaries;

(iv) The needs for liquidity, regularity of income and preservation and appreciation of capital;

(v) The assets held in the trust; the extent to which they consist of financial assets, interests in closely held enterprises, tangible and intangible personal property, or real property; the extent to which an asset is used by a beneficiary; and whether an asset was purchased by the trustee or received from the settlor;

(vi) The net amount allocated to income under the other sections of this act and the increase or decrease in the value of the principal assets, which the trustee may estimate as to assets for which market values are not readily available;

(vii) Whether and to what extent the terms of the trust give the trustee the power to invade principal or accumulate income or prohibit the trustee from invading principal or accumulating income, and the extent to which the trustee has exercised a power from time to time to invade principal or accumulate income;

(viii) The actual and anticipated effect of economic conditions on principal and income and effects of inflation and deflation; and

(ix) The anticipated tax consequences of an adjustment.

(c) A trustee may not make an adjustment:

(i) That diminishes the income interest in a trust that requires all of the income to be paid at least annually to a spouse and for which an estate tax or gift tax marital deduction would be allowed, in whole or in part, if the trustee did not have the power to make the adjustment;

(ii) That reduces the actuarial value of the income interest in a trust to which a person transfers property with the intent to qualify for a gift tax exclusion;

(iii) That changes the amount payable to a beneficiary as a fixed annuity or a fixed fraction of the value of the trust assets;

(iv) From any amount that is permanently set aside for charitable purposes under a will or the terms of a trust unless both income and principal are so set aside;

(v) If possessing or exercising the power to make an adjustment causes an individual to be treated as the owner of all or part of the trust for income tax purposes, and the individual would not be treated as the owner if the trustee did not possess the power to make an adjustment;

(vi) If possessing or exercising the power to make an adjustment causes all or part of the trust assets to be included for estate tax purposes in the estate of an individual who has the power to remove a trustee or appoint a trustee, or both, and the assets would not be included in the estate of the individual if the trustee did not possess the power to make an adjustment;

(vii) If the trustee is a beneficiary of the trust; or

(viii) If the trustee is not a beneficiary, but the adjustment would benefit the trustee directly or indirectly.

(d) If paragraph (c)(v), (vi), (vii) or (viii) of this section applies to a trustee and there is more than one (1) trustee, a cotrustee to whom the provision does not apply may make the adjustment unless the exercise of the power by the remaining trustee or trustees is not permitted by the terms of the trust.

(e) A trustee may release the entire power conferred by subsection (a) of this section or may release only the power to adjust from income to principal or the power to adjust from principal to income if the trustee is uncertain about whether possessing or exercising the power will cause a result described in paragraphs (c)(i) through (vi) or (viii) of this section or if the trustee determines that possessing or exercising the power will or may deprive the trust of a tax benefit or impose a tax burden not described in subsection (c) of this section. The release may be permanent or for a specified period, including a period measured by the life of an individual.

(f) Terms of a trust that limit the power of a trustee to make an adjustment between principal and income do not affect the application of this section unless it is clear from the terms of the trust that the terms are intended to deny the trustee the power of adjustment conferred by subsection (a) of this section.

(g) Nothing in this section or in this act is intended to create or imply a duty to make an adjustment, and a trustee is not liable for not considering whether to make an adjustment or for choosing not to make an adjustment.

(h) If a trustee elects to exercise the power to adjust under this statute, the trustee may, on an annual basis, include net realized capital gains in determining trust income and section 643(a) of the Internal Revenue Code distributable net income, if the allocation is reasonable and impartial.
Wyo. Stat. § 2-6-101 — WY Code / Title 2 / Chapter 6 / Section 2-6-101
§ 2-6-101. Right to make and dispose; exception
Status: in_force

Any person of legal age and sound mind may make a will and dispose of all of his property by will except what is sufficient to pay his debts, and subject to the rights of the surviving spouse and children.
Wyo. Stat. § 2-16-106 — WY Code / Title 2 / Chapter 16 / Section 2-16-106
§ 2-16-106. Form of registration in beneficiary form
Status: in_force

Registration in beneficiary form may be shown by the words “transfer on death” or the abbreviation “TOD,” or by the words “pay on death” or the abbreviation “POD,” after the name of the registered owner and before the name of a beneficiary.
Wyo. Stat. § 2-16-107 — WY Code / Title 2 / Chapter 16 / Section 2-16-107
§ 2-16-107. Effect of registration in beneficiary form
Status: in_force

The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary.
Wyo. Stat. § 2-7-409 — WY Code / Title 2 / Chapter 7 / Section 2-7-409
§ 2-7-409. Failure to file inventory or appraisement
Status: in_force

If a personal representative neglects or refuses to file either the inventory or appraisement within the time prescribed or within such further time which the court shall for reasonable cause allow, the court or commissioner may, upon notice, in addition to all other remedies and penalties provided in this code, revoke the letters and the personal representative is liable on his bond for any injury to the estate or rights of any person interested therein arising from such failure.
Wyo. Stat. § 2-3-803 — WY Code / Title 2 / Chapter 3 / Section 2-3-803
§ 2-3-803. Fiduciary duties; general principles
Status: in_force

(a) In allocating receipts and disbursements to or between principal and income, and with respect to any matter within the scope of W.S. 2-3-806 through 2-3-810 , a fiduciary:

(i) Shall administer a trust or estate in accordance with the terms of the trust or the will, even if there is a different provision in this act;

(ii) May administer a trust or estate by the exercise of a discretionary power of administration given to the fiduciary by the terms of the trust or the will, even if the exercise of the power produces a result different from a result required or permitted by this act, and no inference that the fiduciary has improperly exercised the discretion arises from the fact that the fiduciary has made an allocation contrary to a provision of this act;

(iii) Shall administer a trust or estate in accordance with this act if the terms of the trust or the will do not contain a different provision or do not give the fiduciary a discretionary power of administration; and

(iv) Shall add a receipt or charge a disbursement to principal to the extent that the terms of the trust and this act do not provide a rule for allocating the receipt or disbursement to or between principal and income.

(b) In exercising the power to adjust under W.S. 2-3-804(a) or a discretionary power of administration regarding a matter within the scope of this act, whether granted by the terms of a trust, a will, or this act, a fiduciary shall administer a trust or estate impartially, based on what is fair and reasonable to all of the beneficiaries, except to the extent that the terms of the trust or the will clearly manifest an intention that the fiduciary shall or may favor one (1) or more of the beneficiaries. A determination in accordance with this act is presumed to be fair and reasonable to all of the beneficiaries.
Wyo. Stat. § 2-4-212 — WY Code / Title 2 / Chapter 4 / Section 2-4-212
§ 2-4-212. Creditors; when claims barred; effect on liens
Status: in_force

If the letters are not issued within the time specified, all claims of creditors are forever barred and the purchasers of the property of the decedent from the heirs of the decedent shall take the title free from any claim of creditors. This act does not affect the lien upon encumbered property secured by valid mortgage or deed of trust in the case of real property, or by security agreement or interest valid under the Wyoming Uniform Commercial Code, but the secured creditor is not entitled to any deficiency judgment.
Wyo. Stat. § 2-12-105 — WY Code / Title 2 / Chapter 12 / Section 2-12-105
§ 2-12-105. Bond of trustee
Status: in_force

Every person appointed trustee under the provisions of the preceding section [ § 2-12-104 ] shall give bond to the state of Wyoming with two (2) or more sufficient sureties, or surety bond, conditioned for the faithful performance of his duties, to be approved by the court or clerk thereof. In form the bond shall be joint and several and the penalty shall be not less than the value of the personal property and the probable value of the annual rents, profits and issues of real property belonging to the missing person, which value shall be ascertained by the court or clerk thereof by examining on oath the petitioner in the petition and any other person deemed by the court or clerk to have information or knowledge of such value. The sureties shall justify on written oath attached to the bond in an amount equal in the aggregate to the penalty thereof.
Wyo. Stat. § 2-10-107 — WY Code / Title 2 / Chapter 10 / Section 2-10-107
§ 2-10-107. Charging temporary interest and remainder
Status: in_force

No interest in income and no estate for years or for life or other temporary interest in any property or fund shall be subject to apportionment as between the temporary interest and the remainder. The tax on the temporary interest and the tax, if any, on the remainder shall be chargeable against the corpus of the property or funds subject to the temporary interest and remainder.
Wyo. Stat. § 2-4-104 — WY Code / Title 2 / Chapter 4 / Section 2-4-104
§ 2-4-104. Kindred of half blood; stepchildren; foster children
Status: in_force

Persons of the half-blood inherit the same share they would inherit if they were of the whole blood, but stepchildren and foster children and their descendents do not inherit.
Wyo. Stat. § 2-3-910 — WY Code / Title 2 / Chapter 3 / Section 2-3-910
§ 2-3-910. Administration
Status: in_force

(a) In administering a total return unitrust, the trustee may, in its sole discretion, but subject to the provisions of the governing instrument, determine:

(i) The effective date of the conversion;

(ii) The timing of distributions, including provisions for prorating a distribution for a short year in which a beneficiary's right to payments commences or ceases;

(iii) Whether distributions are to be made in cash or in kind or partly in cash and partly in kind;

(iv) If the trust is reconverted to an income trust, the effective date of the reconversion; and

(v) Other administrative issues as may be necessary or appropriate to carry out the purposes of this act.
Wyo. Stat. § 2-3-303 — WY Code / Title 2 / Chapter 3 / Section 2-3-303
§ 2-3-303. Authority of court to allow deviation from terms
Status: in_force

Nothing contained in this act shall be construed as restricting the power of a court of proper jurisdiction to permit a fiduciary to deviate from the terms of any will, agreement or other instrument relating to the acquisition, investment, reinvestment, exchange, retention, sale or management of fiduciary property.
Wyo. Stat. § 2-3-835 — WY Code / Title 2 / Chapter 3 / Section 2-3-835
§ 2-3-835. Trustee discretion to include capital gains in income
Status: in_force

(a) To the extent a trustee is given the power to make mandatory or discretionary distributions of income, the trustee may, on an annual basis, include realized capital gains in trust income and in determining section 643(a) of the Internal Revenue Code distributable net income, if the allocation is reasonable and impartial.

(b) To the extent a trustee is given the power to make mandatory or discretionary distributions of principal, the trustee may, on an annual basis, include realized capital gains in determining Section 643(a) Internal Revenue Code distributable net income, if the allocation is reasonable and impartial.
Wyo. Stat. § 2-3-116 — WY Code / Title 2 / Chapter 3 / Section 2-3-116
§ 2-3-116. Requiring further security; failure to comply
Status: in_force

If the personal representative neglects to comply with the order within the time prescribed, the court shall revoke his letters and his authority shall cease.
Wyo. Stat. § 2-16-101 — WY Code / Title 2 / Chapter 16 / Section 2-16-101
§ 2-16-101. Short title; rules of construction
Status: in_force

This act shall be known as and may be cited as the “Uniform TOD Security Registration Act.”
Wyo. Stat. § 2-1-101 — WY Code / Title 2 / Chapter 1 / Section 2-1-101
§ 2-1-101. Short title
Status: in_force

This act may be cited as the “Wyoming Probate Code”.
Wyo. Stat. § 2-7-808 — WY Code / Title 2 / Chapter 7 / Section 2-7-808
§ 2-7-808. Order of abatement
Status: in_force

(a) Except as provided in the will, shares of the distributees shall abate for the payment of debts and charges, federal and state taxes, legacies and the share of the surviving spouse who elects to take against the will without any preference or priority as between real and personal property, in the following order:

(i) Property not disposed of by the will;

(ii) Property devised to the residuary devisee, except property devised to a surviving spouse who takes under the will;

(iii) Property disposed of by the will but not specifically devised and not devised to the residuary devisee, except property devised to a surviving spouse who takes under the will;

(iv) Property specifically devised, except property devised to a surviving spouse who takes under the will;

(v) Property devised to a surviving spouse who takes under the will.

(b) If the provisions of the will, the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection (a), the shares of distributees shall abate in the manner necessary to give effect to the intention of the testator.
Wyo. Stat. § 2-7-102 — WY Code / Title 2 / Chapter 7 / Section 2-7-102
§ 2-7-102. Penalty for administering without proving will or taking letters of administration
Status: in_force

Any person, except one acting under the provisions of W.S. 2-1-201 and 2-1-202 , who administers the personal estate of any person dying after the passage of this act, or any part thereof, without proving the will of the deceased or taking out letters of administration of such personal estate, shall be punished by imprisonment in the county jail not more than one (1) year or by a fine not exceeding five hundred dollars ($500.00) or both.
Wyo. Stat. § 2-2-401 — WY Code / Title 2 / Chapter 2 / Section 2-2-401
§ 2-2-401. Schedule; additional charges
Status: in_force

(a)

For probate matters filed or commenced, the clerk of the district court shall collect fees as follows:

(i)

Original filing fee․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․$110.00

(ii)

When an inventory or appraisement is filed showing an estate or guardianship valued at five thousand dollars ($5,000.00) or more, additional fees based upon value shall be collected as follows:

(A)

Value five thousand dollars ($5,000.00) to ten thousand dollars ($10,000.00)

․․․․․․․․․․․$5.00

(B)

Each additional ten thousand dollars ($10,000.00) of value or portion thereof

․․․․․․․․․․․$5.00

(iii)

In addition to the original filing fee under paragraph (a)(i) of this subsection, a court automation fee in the amount of forty dollars ($40.00) which shall be deposited into the judicial systems automation account established by W.S. 5-2-120;

(iv)

In addition to the original filing fee under paragraph (a)(i) of this subsection, an indigent civil legal services fee in the amount of ten dollars ($10.00), which shall be deposited into the indigent civil legal services account established by W.S. 5-2-121.

(b)

The original filing fee shall cover the general filing activity of the clerk's office and a certification of one (1) copy of any order, decree or judgment at the time of its filing for each party. Other copy charges and certification fees shall be assessed at the same amount as established for other business of the court.

(c)

Additional fees or charges may be assessed for particular matters as ordered by the court.
Wyo. Stat. § 2-7-719 — WY Code / Title 2 / Chapter 7 / Section 2-7-719
§ 2-7-719. Certified copy of judgments to be filed; effect thereof
Status: in_force

(a) A certified copy of any judgment rendered as contemplated by W.S. 2-7-709 , 2-7-710 , 2-7-711 or 2-7-717 shall be filed upon its rendition with the clerk.

(b) Any judgment rendered upon any claim for money only establishes the claim as if it had been allowed by the personal representative. The judgment shall be that the personal representative pay, to the extent of assets available to satisfy claims of that class augmented by any liability insurance proceeds available as to the claim, in due course of administration the amount ascertained to be due. No execution shall issue upon the judgment, nor shall it create any lien upon the property of the estate or give to the judgment creditor any priority of payment.

(c) If judgment is for the recovery of real or personal property or the enforcement of a lien thereon, no execution shall issue until ten (10) days after a certified copy of the judgment has been filed pursuant to W.S. 2-7-719(a) .
Wyo. Stat. § 2-3-138 — WY Code / Title 2 / Chapter 3 / Section 2-3-138
§ 2-3-138. Hearing upon affidavit of interested person; proceedings and disposition
Status: in_force

At the hearing the court shall proceed in a summary way to ascertain the facts and the course best calculated to protect the interests of all parties. Upon finding of default or removal from the state, the court may remove the personal representative, guardian, receiver, assignee or trustee and appoint another qualified person to administer the estate, who shall qualify according to law.
Wyo. Stat. § 2-7-703 — WY Code / Title 2 / Chapter 7 / Section 2-7-703
§ 2-7-703. Filing required; failure to do so constitutes bar; exceptions
Status: in_force

(a) Except as otherwise provided in this section, all claims whether due, not due or contingent, shall be filed in duplicate with the clerk within the time limited in the notice to creditors and any claim not so filed is barred forever. Any claimant to whom the personal representative has mailed a notice pursuant to W.S. 2-7-205(a)(ii) shall file his claim within three (3) months after the date of first publication of the notice in the newspaper, or before the expiration of thirty (30) days after the mailing, whichever date is later, and any claim not so filed is barred forever. If only one (1) copy of a claim is filed, the clerk shall make a duplicate and shall charge the claimant a reasonable fee not to exceed two dollars ($2.00) per page.

(b) The clerk shall forthwith transmit to the personal representative one (1) copy of each claim when and as filed.

(c) This section shall not bar:

(i) Claimants entitled to equitable relief due to peculiar circumstances, if so found by the court in adversary proceedings; or

(ii) A claimant to whom no notice was mailed pursuant to W.S. 2-7-205(a)(ii) , if the court in adversary proceedings finds that the identity of the claimant was reasonably ascertainable by the personal representative within the time limited in the notice to creditors published pursuant to W.S. 2-7-201 .

(d) Any claim not in excess of two hundred dollars ($200.00) may be allowed by the personal representative without the filing of the claim by the creditor, but the personal representative is answerable for the propriety thereof upon hearing on his final report and accounting.
Wyo. Stat. § 2-8-102 — WY Code / Title 2 / Chapter 8 / Section 2-8-102
§ 2-8-102. Contents of petition; notice of hearing
Status: in_force

Any heir at law, devisee or creditor whose claim was allowed but not satisfied in the original administration or other person interested may petition for the reopening of the estate upon the grounds specified in W.S. 2-8-101 . The petition shall set forth the names of all heirs at law, devisees and creditors and their address, if known. If the address is unknown to the petitioner he shall so state in the petition. Upon filing of the petition, the clerk shall appoint a day for hearing the petition and give notice thereof by mailing by certified mail, return receipt requested, a copy of the notice to the heirs at law, devisees and creditors named in the petition. Where an address is unknown notice shall be served as provided in the Wyoming Rules of Civil Procedure.
Wyo. Stat. § 2-10-109 — WY Code / Title 2 / Chapter 10 / Section 2-10-109
§ 2-10-109. Institution of actions or proceedings to recover tax; actions by nonresidents
Status: in_force

(a) Subject to the conditions in subsection (b) of this section a fiduciary acting in another state or a person required to pay the tax resident in another state may institute an action in the courts of this state and may recover a proportionate amount of the federal estate tax, of an estate tax payable to another state or of a death duty due by a decedent's estate to another state from a person interested in the estate who is either resident in this state or who owns property in this state subject to attachment or execution. For the purposes of the action the determination of apportionment by the court having jurisdiction of the administration of the decedent's estate in the other state shall be prima facie correct.

(b) The provisions of subsection (a) of this section shall apply only:

(i) If such other state affords a remedy substantially similar to that afforded in subsection (a) of this section;

(ii) With respect to federal estate tax, if apportionment thereof is authorized by congress.
Wyo. Stat. § 2-9-203 — WY Code / Title 2 / Chapter 9 / Section 2-9-203
§ 2-9-203. Application by petition two years after death; hearing; determination and decree
Status: in_force

(a) Upon hearing, if it appears to the court that more than two (2) years have elapsed since the death of the deceased, that he died seized of an interest in lands in this state or that he died intestate having entered government lands and not having received a patent therefor, and there has been no previous record judicial determination of the decedent's heirs or the right of descent of the real property interest, the court shall determine the date of the decedent's death, who were the heirs of the deceased upon the date of death, their degree of kinship, the right of descent of the real property or interest therein of which the deceased died seized or on which he had made an entry but had not yet received a patent therefor and the distribution each heir is entitled to receive from the known and unknown real property interests of the decedent based on the determination of the right of descent, and shall make and enter its decree accordingly.

(b) The findings of the court relating to a decedent's date of death, intestacy, heirs, degree of kinship and right of descent shall apply to any other real property in this state subsequently discovered in which the decedent had a property interest at the time of his death as identified by an affidavit recorded pursuant to W.S. 34-11-101 , provided that:

(i) A copy of the judicial determination of the decedent's heirs or right of descent shall be included with an affidavit filed under W.S. 34-11-101 for the subsequently discovered property;

(ii) No other recorded judicial determination has been made relating to the right of descent for that property.
Wyo. Stat. § 2-7-626 — WY Code / Title 2 / Chapter 7 / Section 2-7-626
§ 2-7-626. Recording
Status: in_force

When real property is conveyed, encumbered or leased, the personal representative shall file a certified copy of the order of court entered under W.S. 2-7-624 together with the instrument of conveyance, encumbrance or lease in the office of the county clerk of the county or counties in which the real estate is located.
Wyo. Stat. § 2-7-718 — WY Code / Title 2 / Chapter 7 / Section 2-7-718
§ 2-7-718. Action on rejected claim; limitations
Status: in_force

When a claim is rejected and notice given as required, the holder shall bring suit in the proper court against the personal representative within thirty (30) days after the date of mailing the notice, otherwise the claim is forever barred.
Wyo. Stat. § 2-16-108 — WY Code / Title 2 / Chapter 16 / Section 2-16-108
§ 2-16-108. Ownership on death of owner
Status: in_force

On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interest as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.
Wyo. Stat. § 2-3-504 — WY Code / Title 2 / Chapter 3 / Section 2-3-504
§ 2-3-504. Authorization by court; transfer of mineral interests; prior leases validated
Status: in_force

All proceedings of the type herein authorized, which have been heretofore concluded in any court aforesaid, substantially consistent with the procedure herein authorized, and all unexpired leases of the kind specified, previously executed and delivered pursuant to each prior proceeding, substantially in conformity with the provisions hereof, are hereby declared valid, as effectively as if this act had been in force upon the date of each prior proceeding and lease.
Wyo. Stat. § 2-3-902 — WY Code / Title 2 / Chapter 3 / Section 2-3-902
§ 2-3-902. Definitions
Status: in_force

(a) As used in this act:

(i) “ Beneficiary ” means a person as defined in W.S. 2-3-802(a)(ii) ;

(ii) “ Disinterested person ” means a person who is not a “related or subordinate party” as defined in § 672(c) of the Internal Revenue Code 1 , with respect to the person then acting as trustee of the trust and excludes the settlor of the trust and any interested trustee;

(iii) “ Income trust ” means a trust, created by either an inter vivos or a testamentary instrument, which directs or permits the trustee to distribute the net income of the trust to one (1) or more persons, either in fixed proportions or in amounts or proportions determined by the trustee. Notwithstanding the foregoing, no trust that otherwise is an “income trust” shall qualify under this act, if it may be subject to taxation under Internal Revenue Code §§ 2001 or 2501 2 , until the expiration of the period for filing the return therefore, including extensions;

(iv) “ Interested distributee ” means a person to whom distributions of income or principal can currently be made who has the power to remove the existing trustee and designate as successor a person who may be a “related or subordinate party”, as defined in Internal Revenue Code § 672(c) with respect to the distributee;

(v) “ Interested trustee ” means:

(A) An individual trustee to whom the net income or principal of the trust can currently be distributed or would be distributed if the trust were then to terminate and be distributed;

(B) Any trustee who may be removed and replaced by an interested distributee; or

(C) An individual trustee whose legal obligation to support a beneficiary may be satisfied by distributions of income and principal of the trust.

(vi) “ Total return unitrust ” means an income trust which has been created or converted under and meets the provisions of this act;

(vii) “ Trustee ” means all persons acting as trustee of the trust, except where expressly noted otherwise, whether acting in their discretion or on the direction of one (1) or more persons acting in a fiduciary capacity;

(viii) “ Settlor ” means a person as defined in W.S. 4-10-103(a)(xviii) ;

(ix) “ Unitrust amount ” means an amount computed as a percentage of the fair market value of the trust;

(x) “ This act ” means W.S. 2-3-901 through 2-3-917 .
Wyo. Stat. § 2-3-406 — WY Code / Title 2 / Chapter 3 / Section 2-3-406
§ 2-3-406. Exemption
Status: in_force

The establishment and maintenance of common trust funds under this article are exempt from the provisions of title 17, chapter 4.
Wyo. Stat. § 2-7-501 — WY Code / Title 2 / Chapter 7 / Section 2-7-501
§ 2-7-501. Right to homestead and support; “homestead” defined
Status: in_force

(a) When a person dies leaving a spouse or minor children, the spouse or minor children are entitled to remain in possession of the homestead, all wearing apparel of the family, and all household furniture of the decedent until letters are granted and the inventory is returned. The widow or minor children are also entitled to a reasonable provision for their support, to be allowed by the court.

(b) When any person dies seized of a homestead, leaving a spouse or minor children, the spouse or minor children are entitled to the homestead. If there is neither spouse nor minor children the homestead is liable for the debts of the decedent.

(c) “Homestead” includes that property referred to in W.S. 2-7-507 to the extent in value stated in W.S. 2-7-508 .
Wyo. Stat. § 2-7-812 — WY Code / Title 2 / Chapter 7 / Section 2-7-812
§ 2-7-812. Payment of all taxes prerequisite; filing of documents
Status: repealed

(a) Before a final decree of distribution is entered the court shall be satisfied by presentation of receipts, cancelled checks, certificates, closing letters and other proof that all federal, state, county and municipal taxes legally levied upon the property of the estate or due on account of the estate or death of the decedent have been fully paid. The court shall not discharge any personal representative nor release his bond nor issue a decree of final distribution of the estate until:

(i) Repealed by Laws 2017, ch. 125, § 2, eff. July 1, 2017.

(ii) All inheritance and estate taxes and interest have been paid; or

(iii) The court finds that no inheritance tax or estate tax is chargeable against the estate.

(b) All documents presented to the court shall be filed with the clerk to be preserved as a permanent part of the court file relating to the estate.
Wyo. Stat. § 2-7-722 — WY Code / Title 2 / Chapter 7 / Section 2-7-722
§ 2-7-722. Presumptions as to applicability of act
Status: in_force

(a) In determining whether this act applies to specific property the following rebuttable presumptions apply:

(i) Property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under the laws of which property could then be acquired as community property, is presumed to have been acquired as or to have become and remained property to which this act applies; and

(ii) Real property situated in this state and personal property wherever situated acquired by a married person while domiciled in a jurisdiction under the laws of which property could not then be acquired as community property, title to which was taken in a form which created rights of survivorship, is presumed not to be property to which this act applies.
Wyo. Stat. § 2-1-207 — WY Code / Title 2 / Chapter 1 / Section 2-1-207
§ 2-1-207. Missing distributees
Status: in_force

(a) The person or persons claiming to be the distributee or distributees of the decedent who filed the application shall make reasonable efforts to identify and locate all living distributees of the decedent having a right to succeed to the interests of the decedent in the property described in the application. If all distributees are not located, the distributee or distributees filing the application shall advise the court of the efforts made to locate missing distributees. “ Missing distributees ” means distributees who were identified pursuant to this subsection but who could not be located. If a distributee cannot be located, the court shall grant the application as follows:

(i) In the case of an interest in real property, the interest shall be set over to the missing distributee or distributees if known; and

(ii) In the case of all other interests, the court may direct that the share of the missing distributee or distributees be paid to the state treasurer under the Uniform Unclaimed Property Act, W.S. 34-24-101 through 34-24-140 .

(b) The person or persons claiming to be a distributee or distributees of the decedent who filed the application shall report to the court upon payment of the share of the missing distributee or distributees.

(c) The court may order the missing distributee's or distributees' share to be liquidated for value.
Wyo. Stat. § 2-3-125 — WY Code / Title 2 / Chapter 3 / Section 2-3-125
§ 2-3-125. Resignation of personal representative; revocation of letters for delay or other cause and new appointment; liability after discharge
Status: in_force

Any personal representative may, by writing filed in the district court, resign his appointment at any time, having first settled his accounts and delivered up all the estate to the person appointed to receive the same. If by reason of any delays in such settlement and delivery of the estate or for any other cause the circumstances of the estate or the rights of those interested therein require it, the court may, before settlement of accounts and delivering up of the estate is completed, revoke the letters of the personal representative, and appoint another personal representative, either special or general, in the same manner as for original letters of administration. The personal representative discharged and released, and the sureties on his bonds are not responsible for any act or liability incurred after his discharge, but shall not be relieved of any liability occurring on his bonds prior to his discharge.
Wyo. Stat. § 2-2-111 — WY Code / Title 2 / Chapter 2 / Section 2-2-111
§ 2-2-111. Presumption after ten years notices properly given
Status: in_force

In any estate, wherein a decree of final settlement and distribution is or has been entered by any court of this state it shall, after ten (10) years from the date of the decree, be conclusively presumed that all notices required by law have been made and for the times and in the manner required by law.
Wyo. Stat. § 2-4-208 — WY Code / Title 2 / Chapter 4 / Section 2-4-208
§ 2-4-208. When letters granted
Status: in_force

Letters of administration may be granted at any time appointed for the hearing of the application, or at any time to which the hearing is continued or postponed.
Wyo. Stat. § 2-7-401 — WY Code / Title 2 / Chapter 7 / Section 2-7-401
§ 2-7-401. Personal representative entitled to possession of all property; duty to repair; actions by heirs for possession or to quiet title
Status: in_force

The personal representative is entitled to possession of all real and personal estate of the decedent, and to receive the rents and profits of the real estate until the estate is settled or until delivery by order of the court to the heirs or beneficiaries. He shall keep in good repair all houses, buildings and fixtures under his control. The heirs or beneficiaries may themselves or jointly with the personal representative maintain an action for possession of the real estate or for quieting title to the same, against anyone except the personal representative, but this section shall not be so construed as requiring them to do so.
Wyo. Stat. § 2-7-413 — WY Code / Title 2 / Chapter 7 / Section 2-7-413
§ 2-7-413. Citation to persons suspected of having concealed monies; failure to appear or answer; disclosure order; proceedings generally
Status: in_force

(a) If the person cited refuses to appear and submit to an examination or to answer interrogatories put to him touching the matters of complaint, the court may commit him to the county jail until he submits to the order of the court or is discharged according to law. If upon examination it appears that he has concealed, embezzled, smuggled, conveyed away or disposed of any monies, goods or chattels of the decedent or has in his possession or knowledge any deeds, conveyances, bonds, contracts or other writings containing evidence of or tending to disclose the right, title, interest or claim of the decedent to any real or personal estate, claim or demand, or any lost will of the decedent, an order may be made requiring the person to disclose his knowledge thereof to the personal representative and he may be committed to the county jail until the order is complied with or he is discharged according to law.

(b) All interrogatories and answers shall be in writing, signed by the party examined and filed in the court. The order for disclosure made upon the examination is prima facie evidence of the right of the personal representative to the property in any action brought for the recovery thereof. Any judgment recovered shall be for double the value of the property as assessed by the court, or for return of the property and damages in addition thereto equal to the value of the property. In addition to the examination of the party, witnesses may be produced and examined on either side.
Wyo. Stat. § 2-3-811 — WY Code / Title 2 / Chapter 3 / Section 2-3-811
§ 2-3-811. Character of receipts
Status: in_force

(a) In this section, “ entity ” means a corporation, partnership, limited liability company, regulated investment company, real estate investment trust, common trust fund or any other organization in which a trustee has an interest other than a trust or estate to which W.S. 2-3-811 applies, a business or activity to which W.S. 2-3-813 applies or an asset-backed security to which W.S. 2-3-825 applies.

(b) Except as otherwise provided in this section, a trustee shall allocate to income money received from an entity.

(c) A trustee shall allocate the following receipts from an entity to principal:

(i) Property other than money;

(ii) Money received in one (1) distribution or a series of related distributions in exchange for part or all of a trust's interest in the entity;

(iii) Money received in total or partial liquidation of the entity; and

(iv) Money received from an entity that is a regulated investment company or a real estate investment trust if the money distributed is a capital gain dividend for federal income tax purposes.

(d) Money is received in partial liquidation:

(i) To the extent that the entity, at or near the time of a distribution, indicates that it is a distribution in partial liquidation; or

(ii) If the total amount of money and property received in a distribution or series of related distributions is greater than twenty percent (20%) of the entity's gross assets, as shown by the entity's year-end financial statements immediately preceding the initial receipt.

(e) Money is not received in partial liquidation, nor may it be taken into account under paragraph (d)(ii) of this section, to the extent that it does not exceed the amount of income tax that a trustee or beneficiary must pay on taxable income of the entity that distributes the money.

(f) A trustee may rely upon a statement made by an entity about the source or character of a distribution if the statement is made at or near the time of distribution by the entity's board of directors or other person or group of persons authorized to exercise powers to pay money or transfer property comparable to those of a corporation's board of directors.
Wyo. Stat. § 2-9-202 — WY Code / Title 2 / Chapter 9 / Section 2-9-202
§ 2-9-202. Application by petition two years after death; fixing time for hearing; notice thereof; contents
Status: in_force

Upon filing the petition the court shall fix a time for hearing the petition not less than thirty (30) days after the filing thereof. Notice of the time and place of hearing shall be given to all persons interested in the proceeding including creditors, heirs and devisees, setting forth the filing of the petition, the date of the supposed death of the deceased, his place of residence, a description of the real property or interest therein of which he died seized or a description of the real property on which he had made an entry but had not yet received patent and the interest in the real estate of the petitioner. The notice shall be published once a week in a newspaper of general circulation in the county for four (4) consecutive weeks prior to the hearing, and shall be mailed simultaneously with the first publication to those persons designated in W.S. 2-7-205 .
Wyo. Stat. § 2-2-403 — WY Code / Title 2 / Chapter 2 / Section 2-2-403
§ 2-2-403. Allowance where not specially provided
Status: in_force

When there are no fees specially provided for the performance of any duty under the Probate Code, reasonable fees may be ordered and allowed as the court may deem best.
Wyo. Stat. § 2-3-204 — WY Code / Title 2 / Chapter 3 / Section 2-3-204
§ 2-3-204. Liability of bank; payment of checks signed by fiduciary
Status: in_force

If a deposit is made in a bank to the credit of a fiduciary as such, the bank is authorized to pay the amount of the deposit or any part thereof upon the check of the fiduciary, signed with the name in which such deposit is entered, without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing the check or with knowledge that its action in paying the check amounts to bad faith. If a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check.
Wyo. Stat. § 2-6-116 — WY Code / Title 2 / Chapter 6 / Section 2-6-116
§ 2-6-116. Validity of execution
Status: in_force

A written will is valid if executed in compliance with W.S. 2-6-112 or 2-6-113 or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national.
Wyo. Stat. § 2-3-104 — WY Code / Title 2 / Chapter 3 / Section 2-3-104
§ 2-3-104. Appointment orders to state qualification time; lapses
Status: in_force

Whenever an order appointing a personal representative is made by any district court or officer having authority to make the appointment, the order shall state the time within which the personal representative shall qualify by giving the bond and taking the oath required by law. Upon failure of any personal representative to qualify within the time fixed, his appointment shall lapse and another appointment shall be made.
Wyo. Stat. § 2-3-115 — WY Code / Title 2 / Chapter 3 / Section 2-3-115
§ 2-3-115. Requiring further security; hearing; order therefor or new bond
Status: in_force

At the time appointed the court shall hear the proofs and allegations of the parties. If it satisfactorily appears that the security is insufficient, an order may be made requiring the personal representative to give further security, or to file a new bond in the usual form within a reasonable time, not less than five (5) days.
Wyo. Stat. § 2-13-101 — WY Code / Title 2 / Chapter 13 / Section 2-13-101
§ 2-13-101. Short title
Status: in_force

(a) This act may be cited as the “Uniform Simultaneous Death Act”.

(b) “This act”, when used in chapter 13 of the Probate Code, means W.S. 2-13-101 through 2-13-107 .
Wyo. Stat. § 2-3-302 — WY Code / Title 2 / Chapter 3 / Section 2-3-302
§ 2-3-302. Departures from express terms of wills not authorized; “legal investment” or “authorized investment” construed
Status: in_force

Nothing contained in W.S. 2-3-301 through 2-3-305 shall be construed as authorizing any departure from, or variation of, the express terms or limitations set forth in any will, agreement, court order or other instrument creating or defining the fiduciary's duties and powers, but the terms “legal investment” or “authorized investment” or words of similar import, as used in any instrument, shall be taken to mean any investment which is permitted by the terms of W.S. 2-3-301 .
Wyo. Stat. § 2-3-815 — WY Code / Title 2 / Chapter 3 / Section 2-3-815
§ 2-3-815. Rental property
Status: in_force

To the extent that a trustee accounts for receipts from rental property pursuant to this section, the trustee shall allocate to income an amount received as rent of real or personal property, including an amount received for cancellation or renewal of a lease. An amount received as a refundable deposit, including a security deposit or a deposit that is to be applied as rent for future periods, must be added to principal and held subject to the terms of the lease and is not available for distribution to a beneficiary until the trustee's contractual obligations have been satisfied with respect to that amount.
Wyo. Stat. § 2-3-914 — WY Code / Title 2 / Chapter 3 / Section 2-3-914
§ 2-3-914. Trustee's liability
Status: in_force

Any trustee or disinterested person who in good faith takes or fails to take any action under this act shall not be liable to any person affected by the action or inaction, regardless of whether the person received written notice as provided in this act and regardless of whether the person was under a legal disability at the time of the delivery of the notice. The person's exclusive remedy shall be to obtain an order of the district court directing the trustee to convert an income trust to a total return unitrust, to reconvert from a total return unitrust to an income trust or to change the percentage used to calculate the unitrust amount.
Wyo. Stat. § 2-2-101 — WY Code / Title 2 / Chapter 2 / Section 2-2-101
§ 2-2-101. Exclusive jurisdiction conferred on district courts
Status: in_force

The district courts of the state have exclusive original jurisdiction of all matters relating to the probate and contest of wills and testaments, the granting of letters testamentary and of administration, and the settlement and distribution of decedents' estates. The court granting the letters has exclusive jurisdiction of all matters touching the settlement and distribution of the estates for which letters have been granted. The jurisdiction over subject matter of the district court sitting in probate, sometimes referred to in this Title 2 as the “probate court”, is coextensive with the jurisdiction over subject matter of the district court in any civil action. A decree of distribution entered by the district court in probate, pursuant to W.S. 2-7-807 or 2-7-813 , shall be a final determination of title as to assets described therein, as to all distributees served with notice, or who have waived notice, of the hearing provided for in W.S. 2-7-807 or 2-7-811 , as the case may be. As to all other parties, an action may be brought and maintained at any time prior to the entry of final decree of distribution under W.S. 2-7-813 , by or against the personal representative in the district court, sitting in probate, seeking any legal or equitable remedy as to any interest in property, real or personal, in which the estate asserts or claims any interest. In addition, all causes cognizable in the district court in any civil action may be brought and maintained, at any time prior to the entry of final decree of distribution under W.S. 2-7-813 , by or against a personal representative in the district court sitting in probate which granted the letters to the personal representative.
Wyo. Stat. § 2-3-110 — WY Code / Title 2 / Chapter 3 / Section 2-3-110
§ 2-3-110. When sufficient security not given in time
Status: in_force

If sufficient security is not given within the time fixed by the order, the right of the personal representative to the administration shall cease, and the person next entitled to the administration of the estate, shall be appointed to the administration upon execution of a sufficient bond.
Wyo. Stat. § 2-3-121 — WY Code / Title 2 / Chapter 3 / Section 2-3-121
§ 2-3-121. Revoking intestacy administration if will later allowed; generally
Status: in_force

If, after granting letters of administration on the ground of intestacy, a will of the decedent is duly proved and allowed, the letters of administration shall be revoked and the power of the administrator shall cease, and he shall render an account of his administration within the time directed.
Wyo. Stat. § 2-7-710 — WY Code / Title 2 / Chapter 7 / Section 2-7-710
§ 2-7-710. Judgments rendered against decedent before death; execution thereon limited
Status: in_force

When any judgment has been rendered against the decedent in his lifetime, no execution shall issue thereon after his death unless the judgment is for the recovery of real or personal property or the enforcement of a lien thereon. A judgment against the decedent for the recovery of money shall be filed with the clerk like any other claim. If execution is levied upon any property of the decedent before his death, the property may be sold for the satisfaction thereof, and the officer making the sale shall account to the personal representative for any surplus in his hands.
Wyo. Stat. § 2-4-204 — WY Code / Title 2 / Chapter 4 / Section 2-4-204
§ 2-4-204. Married woman may be administratrix
Status: in_force

A married woman may be appointed and serve as administratrix the same in every respect as a femme sole. When an unmarried woman appointed administratrix marries her authority is not extinguished.
Wyo. Stat. § 2-3-211 — WY Code / Title 2 / Chapter 3 / Section 2-3-211
§ 2-3-211. Interpretation and construction
Status: in_force

This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Wyo. Stat. § 2-3-904 — WY Code / Title 2 / Chapter 3 / Section 2-3-904
§ 2-3-904. Unitrust election where there is no trustee other than an interested trustee; requirements to make unitrust election
Status: in_force

(a) If there is no trustee of the trust other than an interested trustee, the interested trustee, or where two (2) or more persons are acting as trustees and are interested trustees, a majority of the interested trustees, in its sole discretion and without the approval of the district court, may:

(i) Elect to release the power to adjust described in W.S. 2-3-804 and to convert an income trust to a total return unitrust;

(ii) Reconvert a total return unitrust to an income trust and reinstate the power to adjust described in W.S. 2-3-804 ; or

(iii) Change the percentage used to calculate the unitrust amount or the method used to determine the fair market value of the trust if the requirements of W.S. 2-3-903(a) through (f) are completed and the trustee appoints a disinterested person who, in its sole discretion but acting in a fiduciary capacity, determines for the trustee:

(A) The percentage to be used to calculate the unitrust amount;

(B) The method to be used in determining the fair market value of the trust; and

(C) Which assets, if any are to be excluded in determining the unitrust amount.
Wyo. Stat. § 2-3-207 — WY Code / Title 2 / Chapter 3 / Section 2-3-207
§ 2-3-207. Liability of bank; when check drawn by trustee
Status: in_force

When a deposit is made in a bank in the name of two (2) or more persons as trustees and a check is drawn upon the trust account by any trustee or trustees authorized by the other trustee or trustees to draw checks upon the trust account, neither the payee nor other holder nor the bank is bound to inquire whether it is a breach of trust to authorize the trustee or trustees to draw checks upon the trust account, and is not liable unless the circumstances are such that the action of the payee or other holder or the bank amounts to bad faith.
Wyo. Stat. § 2-7-301 — WY Code / Title 2 / Chapter 7 / Section 2-7-301
§ 2-7-301. Appointment of special administrator; when to be made
Status: in_force

When there is delay in granting letters from any cause, or when the letters are granted irregularly, or no sufficient bond is filed as required, or when no application is made for letters, or when a personal representative dies or is suspended or removed, the district court shall appoint a special administrator to collect and take charge of the estate of the decedent in whatever county or counties the estate assets may be found, and to exercise all powers necessary for the preservation of the estate.