reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 1 - General Provisions › Article 2 - Distribution by Affidavit and Summary Procedure › Section 2-1-202 - Effect; Refusal to Pay, Deliver.

2-1-202. Effect; refusal to pay, deliver.
(a) The person having custody of the decedent's property or a holder of the decedent's property:
(i) Paying, delivering, transferring or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if he dealt with a personal representative of the decedent; and
(ii) Is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit.
(b) If any person having custody of the decedent's property or a holder of decedent's property to whom an affidavit is delivered refuses to pay, deliver, transfer or issue any personal property or evidence thereof, the property may be recovered or its payment, delivery, transfer or issuance compelled upon proof of right in an action by or on behalf of the persons entitled thereto. If an action is brought under this subsection, the court shall award reasonable attorney's fees and costs of the action to the plaintiff if the court finds that the decedent's property was not paid, delivered, transferred or issued within forty-five (45) days after presentation of the affidavit under W.S. 2-1-201 unless the court finds just cause for the refusal to pay, deliver or transfer the property.
(c) Any person to whom payment, delivery, transfer or issuance is made is answerable and accountable to a personal representative of the estate or to any other person having a like or superior right.
(d) For purposes of this article, "holder" means any person who is in possession of property of the decedent and includes but is not limited to a security broker, security dealer, bank, savings and loan institution, credit union or any other like depository.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 1 - General Provisions › Article 2 - Distribution by Affidavit and Summary Procedure › Section 2-1-203 - Deposits by Minors or Persons Under a Disability; Joint and Trust Deposits; Pay-on-Death Accounts.

2-1-203. Deposits by minors or persons under a disability; joint and trust deposits; pay-on-death accounts.
(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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 1 - General Provisions › Article 2 - Distribution by Affidavit and Summary Procedure › Section 2-1-204 - Collection of Claims of Certain Creditors of Decedent by Affidavit.

2-1-204. Collection of claims of certain creditors of decedent by affidavit.
(a) Not earlier than ninety (90) days after the death of a decedent, the United States, or any agency or instrumentality thereof, or the state of Wyoming, or any agency, instrumentality or political subdivision thereof, to whom the decedent was indebted or to whom the decedent's estate would be indebted if the estate were being administered upon, may collect all of the assets of the decedent referred to in W.S. 2-1-201, upon presentation of an affidavit to the parties referred to in W.S. 2-1-201, stating:
(i) The value of the entire estate, wherever located, less liens and encumbrances, does not exceed two hundred thousand dollars ($200,000.00);
(ii) Ninety (90) 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;
(iv) To the best knowledge of the affiant, no affidavit pursuant to W.S. 2-1-201, in connection with the decedent, has been presented to any party referred to in W.S. 2-1-201;
(v) The facts concerning the creditor's claim being made by the party on behalf of whom the affidavit is presented, the total amount of the claim, and any payments received thereon from any source whatsoever; and
(vi) That by presentation of the affidavit the party on behalf of whom the affidavit is presented:
(A) Waives any immunities from suit or levy of execution it might otherwise have;
(B) Agrees to indemnify and hold harmless from all claims whatsoever any party delivering assets on the basis of such affidavit, to the extent of the full value of the assets so delivered; and
(C) Is answerable and accountable to a personal representative of the estate, if appointed, or to any other person or party having a superior right.
(b) When filed with the county clerk and a certified copy thereof is presented to a party with custody of assets, the affidavit shall be honored and shall have the effects as provided for in W.S. 2-1-201(b), (c) and (d) and 2-1-202.
(c) If the total assets collected by a creditor designated in this section, by virtue of the affidavit or affidavits, exceed the net balance of the creditor's claim, then the creditor shall:
(i) Pay the overplus to any other creditor who proceeds properly under this section or, if there is no such creditor;
(ii) Pay the overplus to the distributees named in an affidavit prepared and presented pursuant to W.S. 2-1-201, or, if none such be presented;
(iii) Obtain an order from the probate court which would have jurisdiction were the estate being administered upon, designating itself the agent pursuant to W.S. 2-15-101, and thereupon proceed as provided in Chapter 15 of the Wyoming Probate Code.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 1 - General Provisions › Article 2 - Distribution by Affidavit and Summary Procedure › Section 2-1-206 - Proof of Publication and Service; Filing With Clerk.

2-1-206. Proof of publication and service; filing with clerk.
(a) The proof of publication of the notice required under W.S. 2-1-205(d) shall be by affidavit of the publisher.
(b) The proof of service under W.S. 2-1-205(d) shall be signed by a distributee who signed the application or his attorney and shall state the name and address of the person served and the manner of service.
(c) The affidavit for proof of publication and the proof of service shall be filed with the clerk of court prior to the court taking action on the application.
(d) Proof of service by a distributee shall be signed under penalty of perjury.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 1 - General Provisions › Article 2 - Distribution by Affidavit and Summary Procedure › Section 2-1-207 - Missing Distributees.

2-1-207. Missing distributees.
(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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 1 - General Provisions › Article 2 - Distribution by Affidavit and Summary Procedure › Section 2-1-208 - Venue Generally.

2-1-208. Venue generally.
(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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 1 - General Provisions › Article 2 - Distribution by Affidavit and Summary Procedure › Section 2-1-209 - "Distributee" Defined.

2-1-209. "Distributee" defined.
(a) As used in this article, "distributee" means as defined in W.S. 2-1-301(a)(xiii) and includes any person who is a successor in interest to the decedent:
(i) As an heir;
(ii) As a beneficiary;
(iii) Through the intervening estates of the decedent's heirs, beneficiaries, successors or assigns; or
(iv) Through an established record of ownership.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 1 - General Provisions › Article 4 - Disclaimers › Section 2-1-401 - Right to Disclaim.

2-1-401. Right to disclaim.
(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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 1 - General Provisions › Article 4 - Disclaimers › Section 2-1-402 - Definitions.

2-1-402. Definitions.
(a) As used in Article 4:
(i) "Any interest in property" includes, but is not limited to an undivided portion of an interest and a power with respect to property;
(ii) "Disclaimer" means an irrevocable and unqualified refusal by a person to accept an interest in property;
(iii) "Fiduciary" means a personal representative, trustee, agent acting under a power of attorney or other person authorized to act as a fiduciary with respect to the property of another person.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 1 - General Provisions › Article 4 - Disclaimers › Section 2-1-403 - Qualification; Effective Date.

2-1-403. Qualification; effective date.
(a) To qualify as a disclaimer:
(i) There shall be a written irrevocable and unqualified refusal by the disclaimant to accept an interest in property; and
(ii) The writing shall be received by the transferor of the interest, his legal representative or the holder of the legal title to the property to which the interest relates within nine (9) months after the later of:
(A) The day on which the transfer creating the interest in the person is made; or
(B) The day on which the person attains age twenty-one (21); and
(iii) The disclaimant has not accepted the interest or any of its benefits; and
(iv) As a result of a refusal under this subsection, the interest passes without any direction on the part of the person making the disclaimer and passes either:
(A) To the spouse of the decedent; or
(B) To a person other than the person making the disclaimer.
(b) A written transfer of the transferor's entire interest in the property shall be treated as a qualified disclaimer if the written transfer:
(i) Meets requirements similar to the requirements of paragraphs (a)(ii) and (iii) of this section; and
(ii) Is to a person who would have received the property if the transferor had made a qualified disclaimer within the meaning of subsection (a) of this section.
(c) Nothing in this section shall be construed to prevent the disclaimant from benefits as an income beneficiary of any trust established by the transferor's will.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 1 - General Provisions › Article 4 - Disclaimers › Section 2-1-404 - Disposition of Disclaimed Interest.

2-1-404. Disposition of disclaimed interest.
(a) Unless otherwise expressly provided in the deed of gift or will:
(i) The interest disclaimed reverts to the transferor if he is living on the date of disclaimer; or
(ii) The interest disclaimed passes under the residuary clause of transferor's will if he died prior to the disclaimer. If the disclaimant is a residuary beneficiary under the will the interest disclaimed passes as though the disclaimant did not survive the transferor.
(b) If the transferor died intestate prior to the disclaimer, the interest disclaimed passes under the laws of descent and distribution as though the disclaimant did not survive the transferor.
(c) If the interest disclaimed would have passed by right of survivorship, the interest shall pass as though the disclaimant was not a survivor.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 1 - General Provisions › Article 4 - Disclaimers › Section 2-1-405 - Disclaimer on Behalf of Person Under Disability.

2-1-405. Disclaimer on behalf of person under disability.
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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 1 - General Provisions › Article 5 - Disposal of Property › Section 2-1-501 - Disposal of Controlled Substances.

2-1-501. Disposal of controlled substances.
A person is authorized to collect any controlled substances of the decedent for purposes of disposal in accordance with 21 C.F.R. part 1317.30 and 21 C.F.R. part 1317.35.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 1 - In General › Section 2-2-101 - Exclusive Jurisdiction Conferred on District Courts.

2-2-101. Exclusive jurisdiction conferred on district courts.
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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 1 - In General › Section 2-2-102 - Venue Generally.

2-2-102. Venue generally.
(a) Wills shall be proved and letters testamentary or of administration granted:
(i) In the county of which the decedent was a resident at the time of his death, regardless of where he may have died;
(ii) In the county in which the decedent died, leaving estate therein, if the decedent was not a resident of the state at the time of his death;
(iii) In the county in which any part of the estate may be, if the decedent died out of the state and was not resident thereof at the time of his death;
(iv) In the county in which any part of the estate may be, if the decedent was not a resident of the state and did not leave estate in the county in which he died;
(v) In all other cases, in the county in which the decedent died, and application for letters is made.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 1 - In General › Section 2-2-103 - Jurisdiction of Estate of Nonresident.

2-2-103. Jurisdiction of estate of nonresident.
When the estate of the decedent is in more than one (1) county, the decedent having died out of the state and not being a resident thereof at the time of his death, or being a nonresident and dying within the state but not leaving estate in the county where he died, the district court of that county in which application is first made for letters testamentary or of administration has exclusive jurisdiction of the settlement of the estate.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 1 - In General › Section 2-2-104 - Court to Remain Open.

2-2-104. Court to remain open.
For the purpose of granting probate of wills, issuing letters testamentary and of administration, filing reports, accounts and petitions of personal representatives, filing claims against the estate and issuing process and notices required by the Probate Code, the court shall operate under the same term of court as specified in W.S. 5-3-101(b).
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 1 - In General › Section 2-2-106 - Powers and Duties of Court Commissioners; Generally.

2-2-106. Powers and duties of court commissioners; generally.
The court commissioner of each district court shall, upon a general order made for that purpose, examine the bonds filed by the personal representatives, with a view to ascertaining their sufficiency, and may approve the same. He may examine any inventory, sale bill, account current, except final accounts and vouchers filed therewith, or examine into the condition of an estate generally. Upon a specific order of the court, the commissioner may make orders for the sale of personal property at public or private auction, for the compounding of debts, for the settlement of an estate as insolvent, for the approval of bonds and all other orders of an ex parte nature as may facilitate the settlement of estates. The orders shall be in writing, signed by the judge or commissioner issuing the same, and shall be filed and recorded.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 1 - In General › Section 2-2-107 - Powers and Duties of Court Commissioners; Compelling Attendance of Witnesses; Process.

2-2-107. Powers and duties of court commissioners; compelling attendance of witnesses; process.
In order to make such examination, the court commissioner is entitled to process to compel the personal representative and other witnesses to appear and testify before him on the hearing, and for the production of books, papers, monies or other things pertinent to the matter to be heard.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 1 - In General › Section 2-2-108 - Powers and Duties of Court Commissioners; Compelling Attendance of Witnesses; Failure to Appear or Testify.

2-2-108. Powers and duties of court commissioners; compelling attendance of witnesses; failure to appear or testify.
Any person refusing to appear or testify before a commissioner may be cited for contempt and held to bail to answer to the alleged contempt as soon as reasonably possible. The commissioner shall report his findings upon the matter in writing, to the court for its action. Exception may be filed to the report which shall be heard and determined as in other cases.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 1 - In General › Section 2-2-109 - Authority of Other Judges to Act When District Judge Sick.

2-2-109. Authority of other judges to act when district judge sick.
Whenever any judge of the district court is absent from the state, sick or otherwise unable to attend to the duties of his office, any other district judge shall have the same powers as the original judge, including the power to examine into all matters, make all orders and direct the affairs of the administration of estates.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 1 - In General › Section 2-2-110 - When Judge Disqualified; Exception.

2-2-110. When judge disqualified; exception.
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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 1 - In General › Section 2-2-111 - Presumption After Ten Years Notices Properly Given.

2-2-111. Presumption after ten years notices properly given.
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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 2 - Clerk › Section 2-2-201 - Records Required to Be Kept; Probate Docket; Reports to Be Made by Commissioner.

2-2-201. Records required to be kept; probate docket; reports to be made by commissioner.
(a) The clerk of district court in each county shall maintain a system for the recording of wills and probate including:
(i) Proceedings of the guardianship of infants and incompetent persons;
(ii) All letters testamentary and of administration;
(iii) All inventories and records of sales of personal estate;
(iv) A general entry, claim and allowance docket.
(b) The clerk of district court shall maintain a system for the recording of each decedent's estate including all proceedings concerning the probate of each will, the entry of the inventory appraisement, all claims allowed, including costs of the final distribution of the estate, and the final settlement of the estate.
(c) The clerk of court shall prepare for the use of the court a probate docket containing:
(i) All appointments made;
(ii) All pending petitions for the sale of real estate, including the parties thereto;
(iii) All pending petitions for the release of sureties;
(iv) All pending petitions for the removal of personal representatives.
(d) The court commissioner is bound to furnish:
(i) The record of all reports and accounts filed;
(ii) All claims against the estate pending for trial;
(iii) All delinquencies of personal representatives to discharge any duty in the manner or within the time required by law or order of the court.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 2 - Clerk › Section 2-2-202 - Preparation and Contents of Probate Docket; Distribution of Copies; Call of Docket.

2-2-202. Preparation and contents of probate docket; distribution of copies; call of docket.
(a) At least once every six (6) months, the clerk of the district court in each county of the state shall make a docket of all estates of deceased persons pending in his county which shall include:
(i) Title of the estate;
(ii) Date of letters testamentary or letters of administration;
(iii) Name or names of the executors or administrators; and
(iv) The names of the attorneys of record.
(b) As soon as the docket is made, one (1) copy shall be furnished to the judge of the district court of his county and one (1) copy shall be furnished upon request to each attorney of record in the estates.
(c) The judge of the district court in each county shall, at least once every six (6) months, read the probate docket in open court and shall make an order in each estate as he deems necessary to expedite the progress and closing thereof.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 2 - Clerk › Section 2-2-203 - Authority to Approve Bonds.

2-2-203. Authority to approve bonds.
All bonds required by this act may be approved by the clerk of the district court wherein they are required to be filed.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 3 - Procedure › Section 2-2-301 - Contents of Orders and Decrees; Recording.

2-2-301. Contents of orders and decrees; recording.
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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 3 - Procedure › Section 2-2-302 - Notice Imparted From Date of Recording.

2-2-302. Notice imparted from date of recording.
When it is provided in this chapter that any order or decree of the court shall be recorded in the office of the county clerk, notice is imparted to all persons from the time of recording.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 3 - Procedure › Section 2-2-303 - Citations; Requirements Generally; Contents.

2-2-303. Citations; requirements generally; contents.
(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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 3 - Procedure › Section 2-2-304 - Citations; Issuance.

2-2-304. Citations; issuance.
The citation may be issued by the clerk upon the application of any party, without an order of the judge or commissioner, except in cases in which an order is expressly required by the provisions of this chapter.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 3 - Procedure › Section 2-2-306 - Citations; Used to Give Personal Notice.

2-2-306. Citations; used to give personal notice.
When a personal notice is required, and no mode of giving it is prescribed in this chapter, it shall be given by citation.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 3 - Procedure › Section 2-2-307 - Citations; When to Be Served.

2-2-307. Citations; when to be served.
When no other time is specially prescribed in this chapter, citations shall be served at least five (5) days before the return day thereof.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 3 - Procedure › Section 2-2-308 - Provisions of Rules of Civil Procedure Applicable; Parties.

2-2-308. Provisions of Rules of Civil Procedure applicable; parties.
Except as otherwise provided in the Probate Code, the provisions of the Wyoming Rules of Civil Procedure are applicable to and constitute the rules of practice for all proceedings, new trials or appeals. In all proceedings the party affirming is contestant and the one denying or avoiding is contestee.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 3 - Procedure › Section 2-2-309 - Trial by Court or Jury.

2-2-309. Trial by court or jury.
If no jury is demanded, the court shall try the issues joined. If, on written demand, a jury is called for by either party in a matter triable under W.S. 2-2-308, one shall be had as in other civil cases.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 3 - Procedure › Section 2-2-310 - Appointment of Attorney for Minors or Nonresidents; Compensation; Failure to Appoint of No Effect.

2-2-310. Appointment of attorney for minors or nonresidents; compensation; failure to appoint of no effect.
At or before the hearing of petitions and contests for the probate of wills, for letters testamentary or of administration, for sales of real estate and confirmation thereof, settlements, partitions, and distribution of estates, setting apart homesteads, and all other proceedings where all the parties interested in the estate are required to be notified, the court may appoint an attorney-at-law to represent the devisees, legatees, heirs or creditors of the decedent who are minors and have no general guardian in the county, or who are nonresidents of the state, and those interested who, though they are neither minors or nonresidents, are unrepresented. The order shall specify the names of the parties, so far as known, for whom the attorney is appointed. The attorney may receive a fee, to be fixed by the court, for his services, which shall be paid out of the funds of the estate as necessary expenses of administration, and upon distribution may be charged to the party represented by the attorney. If, for any cause, it becomes necessary, the court may substitute another attorney for the one first appointed, in which case the fee shall be proportionately divided. The failure to appoint an attorney will not affect the validity of any of the proceedings.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 3 - Procedure › Section 2-2-311 - Payment of Costs.

2-2-311. Payment of costs.
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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 3 - Procedure › Section 2-2-312 - Service of Process on Guardian; Right of Guardian to Waive.

2-2-312. Service of process on guardian; right of guardian to waive.
Whenever an infant or incompetent person has a guardian of his estate residing in this state, personal service upon the guardian of any process, notice or order of the court concerning the estate of a deceased person in which the ward is interested is equivalent to service upon the ward, and it is the duty of the guardian to attend to the interests of the ward in the matter. The guardian may also appear for his ward and waive any process, notice or order to show cause which an adult or a person of sound mind might waive.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 4 - Fees › Section 2-2-401 - Schedule; Additional Charges.

2-2-401. Schedule; additional charges.
(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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 4 - Fees › Section 2-2-402 - Responsibility of Clerk for Collection; Distribution.

2-2-402. Responsibility of clerk for collection; distribution.
The clerk of the district court of each county is responsible upon his bond for the collection or payment of any fees in probate matters which are to be collected by him or when the court orders fees to be paid to the clerk for fees not specially provided for in W.S. 2-2-401. All of the fees shall be paid to the county treasurer at the end of each month.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 4 - Fees › Section 2-2-403 - Allowance Where Not Specially Provided.

2-2-403. Allowance where not specially provided.
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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 2 - Probate Court › Article 4 - Fees › Section 2-2-404 - Payment of Court Commissioner.

2-2-404. Payment of court commissioner.
(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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 3 - Fiduciaries › Article 1 - In General › Section 2-3-101 - Oath.

2-3-101. Oath.
Before letters testamentary or of administration are issued, the personal representative shall take and subscribe an oath before some officer authorized to administer oaths, that he will perform according to law the duties of executor or administrator, which oath shall be attached to the letters.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 3 - Fiduciaries › Article 1 - In General › Section 2-3-102 - Bond Required; Sureties; Form; Amount; Ascertaining Value of Property.

2-3-102. Bond required; sureties; form; amount; ascertaining value of property.
Except as provided by W.S. 2-3-111, every person to whom letters testamentary or of administration are issued shall, before receiving them, execute a bond to the state of Wyoming with two (2) or more sufficient individual sureties or one (1) sufficient corporate surety approved by the district court or the commissioner or clerk. The bond shall be joint and several and the penalty shall not be 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 estate. The value shall be ascertained by the district court or the above named officers by examining on oath the party applying and any other person. The sureties shall justify on written oath attached to the bond in an amount equal in the aggregate to the penalty thereof.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 3 - Fiduciaries › Article 1 - In General › Section 2-3-103 - Letters and Bonds to Be Recorded.

2-3-103. Letters and bonds to be recorded.
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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 3 - Fiduciaries › Article 1 - In General › Section 2-3-104 - Appointment Orders to State Qualification Time; Lapses.

2-3-104. Appointment orders to state qualification time; lapses.
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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 3 - Fiduciaries › Article 1 - In General › Section 2-3-105 - Additional Bond Required Upon Sale of Real Estate; When Required.

2-3-105. Additional bond required upon sale of real estate; when required.
The district court may require an additional bond whenever the sale of any real estate belonging to the estate is ordered, unless it satisfactorily appears that the penalty of the bond given before receiving letters or any bond given in place thereof is equal to the value of the personal property remaining with or that will come into the possession of the personal representative, including the annual rents, profits and issues of real estate, and the probable amount to be realized on the sale of real estate ordered sold.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 3 - Fiduciaries › Article 1 - In General › Section 2-3-106 - Additional Bond Required Upon Sale of Real Estate; Conditions.

2-3-106. Additional bond required upon sale of real estate; conditions.
The additional bond shall be conditioned that the personal representative shall faithfully execute the duties of the trust according to law, and the sureties shall justify as provided in W.S. 2-3-102.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 3 - Fiduciaries › Article 1 - In General › Section 2-3-107 - Separate Bond Required From Each Personal Representative.

2-3-107. Separate bond required from each personal representative.
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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 3 - Fiduciaries › Article 1 - In General › Section 2-3-108 - Several Recoveries on Same Bond Allowed.

2-3-108. Several recoveries on same bond allowed.
The bond shall not be void upon the first recovery. It may be used and recovered upon from time to time by any person aggrieved, in his own name, until the whole penalty is exhausted.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 3 - Fiduciaries › Article 1 - In General › Section 2-3-109 - Ordering Sureties to Appear for Property Value Examination; Notice to Personal Representatives; Requiring Additional Security.

2-3-109. Ordering sureties to appear for property value examination; notice to personal representatives; requiring additional security.
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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 3 - Fiduciaries › Article 1 - In General › Section 2-3-110 - When Sufficient Security Not Given in Time.

2-3-110. When sufficient security not given in time.
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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 3 - Fiduciaries › Article 1 - In General › Section 2-3-111 - When No Bond Required; Generally.

2-3-111. When no bond required; generally.
(a) When it is expressly provided in the will or by statute that no bond be required of the personal representative or when the distributees waive in writing the requirement that a bond be executed, letters testamentary or of administration may issue without the execution and filing of a bond as provided by W.S. 2-3-102.
(b) When a bond is waived by will, by statute or by the distributees, sales of real estate may be made and confirmed without a bond unless the court for good cause requires one to be executed.
(c) If it appears necessary for any reason at any time afterward, the personal representative may be required to file a bond as in other cases.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 3 - Fiduciaries › Article 1 - In General › Section 2-3-112 - When No Bond Required; Suspension of Powers Upon Allegation of Waste.

2-3-112. When no bond required; suspension of powers upon allegation of waste.
When a petition is presented praying that a personal representative be required to give further security, or to give bond, where by the terms of the will no bond was originally required, and it is alleged on oath that the personal representative is wasting the property of the estate, the judge or commissioner may by order suspend his powers until the matter can be heard and determined.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 3 - Fiduciaries › Article 1 - In General › Section 2-3-113 - Requiring Further Security; Petition.

2-3-113. Requiring further security; petition.
Any person interested in any estate may, by verified petition, represent to the court or commissioner that the sureties of a personal representative have become or are becoming insolvent, or that they have removed or are about to remove from the state, or that from any other cause the bond is insufficient, and ask that further security be required.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 3 - Fiduciaries › Article 1 - In General › Section 2-3-114 - Requiring Further Security; Citation to Personal Representative; Service.

2-3-114. Requiring further security; citation to personal representative; service.
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.