reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 1 - In General › Section 2-6-106 - Antilapse; Deceased Devisees; Class Gifts.

2-6-106. Antilapse; deceased devisees; class gifts.
If a devisee who is a grandparent or a lineal descendent of a grandparent of the testator is dead at the time of execution of the will, fails to survive the testator, or is treated as if he predeceased the testator, the issue of the deceased devisee take in place of the deceased devisee and if they are all of the same degree of kinship to the devisee they take equally, but if of unequal degree then those of more remote degree take per stirpes. One who would have been a devisee under a class gift if he had survived the testator is treated as a devisee for purposes of this section whether his death occurred before or after the execution of the will.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 1 - In General › Section 2-6-107 - Failure of a Testamentary Provision.

2-6-107. Failure of a testamentary provision.
(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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 1 - In General › Section 2-6-108 - Specific Devise of Securities; Accessions; Nonademption.

2-6-108. Specific devise of securities; accessions; nonademption.
(a) If the testator intended a specific devise of certain securities rather than the equivalent value thereof, the specific devisee is entitled only to:
(i) As much of the devised securities as are a part of the estate at time of the testator's death;
(ii) Any additional or other securities of the same entity owned by the testator by reason of action initiated by the entity excluding any acquired by exercise of purchase options;
(iii) Securities of another entity owned by the testator as a result of a merger, consolidation, reorganization or other similar action initiated by the entity; and
(iv) Any additional securities of the entity owned by the testator as a result of a plan of reinvestment.
(b) Distributions prior to death with respect to a specifically devised security not provided for in subsection (a) of this section are not part of the specific devise.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 1 - In General › Section 2-6-109 - Nonademption of Specific Devises Where Sold by Conservator; Exception; Rights of Specific Devisee.

2-6-109. Nonademption of specific devises where sold by conservator; exception; rights of specific devisee.
(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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 1 - In General › Section 2-6-110 - Exercise of Power of Appointment.

2-6-110. Exercise of power of appointment.
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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 1 - In General › Section 2-6-111 - Nonexoneration.

2-6-111. Nonexoneration.
A specific devise passes subject to any mortgage, security, interest or lien existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 1 - In General › Section 2-6-112 - Will to Be in Writing; Number and Competency of Witnesses; Signature of Testator; Subscribing Witness Not to Benefit; Exception.

2-6-112. Will to be in writing; number and competency of witnesses; signature of testator; subscribing witness not to benefit; exception.
(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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 1 - In General › Section 2-6-113 - Holographic Will.

2-6-113. Holographic will.
A will which does not comply with W.S. 2-6-112 is valid as an holographic will, whether or not witnessed, if it is entirely in the handwriting of the testator and signed by the hand of the testator himself.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 1 - In General › Section 2-6-116 - Validity of Execution.

2-6-116. Validity of execution.
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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 1 - In General › Section 2-6-117 - Revocation by Writing or by Act.

2-6-117. Revocation by writing or by act.
(a) A will or any part thereof is revoked:
(i) By a subsequent will which revokes the prior will or part expressly or by inconsistence; or
(ii) By being burned, torn, cancelled, obliterated or destroyed with the intent and for the purpose of revoking it by the testator or by another person in his presence and by his direction.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 1 - In General › Section 2-6-119 - Duty of Custodian to Deliver Will; Failure to Comply; Order to Third Persons.

2-6-119. Duty of custodian to deliver will; failure to comply; order to third persons.
(a) Every custodian of a will, within ten (10) days after receipt of information that the maker thereof is dead, shall deliver the same to the clerk of the district court having jurisdiction of the estate or to the executor named therein. A failure to comply with the provisions of this section makes the person failing responsible for all damages sustained by anyone injured thereby.
(b) If it is brought to the attention of the court that any will is in the possession of a third person, and the court or the commissioner is satisfied that the information is correct, an order shall be issued and served upon the person having possession of the will, and if he neglects or refuses to produce it in obedience to the order he may be punished by the court for contempt.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 1 - In General › Section 2-6-120 - Notification of Executor; Disposition Where No Petition Filed.

2-6-120. Notification of executor; disposition where no petition filed.
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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 1 - In General › Section 2-6-121 - Petition and Procedure for Filing of Will Without Probate or Administration.

2-6-121. Petition and procedure for filing of will without probate or administration.
(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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 1 - In General › Section 2-6-122 - Petition and Procedure for Filing and Probate of Will Without Administration.

2-6-122. Petition and procedure for filing and probate of will without administration.
(a) Concurrently with the filing with the clerk of a will of a deceased person, or at any time thereafter prior to the filing of a petition pursuant to W.S. 2-6-201 and prior to the entry of any order by the court pursuant to W.S. 2-6-120 making other provisions for the disposition of the will, any party who would be entitled to letters testamentary under the provisions of W.S. 2-6-208 may file with the clerk a sworn petition for probate of will without 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;
(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 the petition prays for probate of the will, without administration.
(b) A filing fee for the petition shall be charged, equal to the minimum fee applicable to proceedings under W.S. 2-6-203.
(c) Upon the filing of the petition, proceedings shall be had as provided in W.S. 2-6-203 through 2-6-206, and order shall issue and notices be given as provided in W.S. 2-6-209 if the will is found entitled to probate, except that the order shall not include the appointment of an executor, but recite that the will is admitted to probate without administration.
(d) After the entry of the order admitting the will to probate, the petitioner shall, at his own expense, cause to be published once a week for three (3) consecutive weeks in a daily or weekly newspaper of general circulation in the county in which the probate was granted a notice in substantially the following form:
State of Wyoming )
) In the District Court
) ....Judicial District
County of.... ) Probate No. ....
In the Matter of the) Notice of Proof of
Estate of ) Will Without
) Administration
......., Deceased. )
TO ALL PERSONS INTERESTED IN SAID ESTATE:
You are hereby notified that on the .... day of ...., (year), the Last Will and Testament of Decedent was admitted to probate by the above named court and there will be no present administration of the estate. Any action to set aside the Will shall be filed in the Court within three (3) months from the date of the first publication of this notice, or thereafter be forever barred.
Dated ...., (year).
Proponent .............
PUBLISH: (once a week for three (3) consecutive weeks)
(e) The provisions of W.S. 2-6-301 through 2-6-306 apply to proceedings under this section.
(f) In the event administration of the estate is desired at any later date, any party designated in W.S. 2-6-208, in the order of preference set forth therein, may petition the court for the issuance of letters testamentary.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 1 - In General › Section 2-6-123 - Filing of Will, With or Without Probate Not to Bar Collection by Affidavit.

2-6-123. Filing of will, with or without probate not to bar collection by affidavit.
No proceedings pursuant to W.S. 2-6-120 through 2-6-122 shall bar any proceedings pursuant to W.S. 2-1-201 through 2-1-203.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 1 - In General › Section 2-6-124 - Written Statement Referred to in Will Disposing of Certain Personal Property.

2-6-124. Written statement referred to in will disposing of certain personal property.
(a) A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities and property used in trade or business. To be admissible under this section as evidence of the intended disposition, the writing shall:
(i) Be dated;
(ii) Be in the handwriting of the testator or signed by him; and
(iii) Include a description of the items and devisees with reasonable certainty.
(b) The written statement or list may be prepared before or after execution of the will, and may be altered by the testator after its preparation which alteration shall be signed and dated by the testator.
(c) The written statement or list may be a writing which has no significance apart from the effect upon the disposition made by the will.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 2 - Procedure for Probate › Section 2-6-201 - Contents of Petition; Defect in Jurisdictional Statement Inconsequential.

2-6-201. Contents of petition; defect in jurisdictional statement inconsequential.
(a) A petition for the probate of a will shall show:
(i) The jurisdictional facts;
(ii) Whether the person named as executor consents to act, or renounces his right to letters testamentary;
(iii) The names, ages and residences of the heirs and devisees of the decedent, so far as known to the petitioner;
(iv) The probable value and character of the property of the estate;
(v) The name of the person for whom letters testamentary are prayed.
(b) No defect of form or in the statement of jurisdictional facts actually existing shall make void the probate of a will.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 2 - Procedure for Probate › Section 2-6-202 - Failure of Executor to Petition; Appointment of Administrator.

2-6-202. Failure of executor to petition; appointment of administrator.
If the person named in a will as executor, for thirty (30) days after he has knowledge of the death of the testator and that he is named as executor, fails to petition the proper court for probate of the will and that letters testamentary be issued to him, he may be held to have renounced his right to letters and the court may appoint any other competent person administrator unless good cause for delay is shown.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 2 - Procedure for Probate › Section 2-6-203 - Hearing Upon Petition; Notice Not Required.

2-6-203. Hearing upon petition; notice not required.
(a) Upon the filing of a petition for probate of a will, the court or the clerk may hear it forthwith or at such time and place as the court or clerk may direct, with or without requiring notice, and upon proof of due execution of the will, admit the same to probate.
(b) Notice is not required and there shall be no delay in the hearing, unless good cause appears.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 2 - Procedure for Probate › Section 2-6-204 - Proof; Self-Proving Will.

2-6-204. Proof; self-proving will.
A will executed in compliance with W.S. 2-6-114 shall be probated without further proof.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 2 - Procedure for Probate › Section 2-6-205 - Proof; Wills Not Self-Proving.

2-6-205. Proof; wills not self-proving.
(a) If the will is not self-proving, proof of a will may be made by the oral or written testimony of one or more of the subscribing witnesses to the will. If the testimony is in writing, it shall be substantially in the following form, executed and sworn to contemporaneously with the execution of the will or at any time thereafter, whether before or after the date of death of the testator:
In the District Court of Wyoming
In and for .................... County
In the Matter of the Estate of) Probate No. ....
.... Deceased ) Testimony of Subscribing
State of )ss Witness on Probate of Will
.... County )
I, ...., being first duly sworn, state:
I reside in the County of ...., State of ....; I knew the testator on the ... day of ..., (year), the date of the instrument, the original or exact reproduction of which is attached hereto, now shown to me, and purporting to be the last will and testament of the said ....; I am one of the subscribing witnesses to said instrument; and on the said date of said instrument, I knew ...., the other subscribing witness; and said instrument was exhibited to me and to the other subscribing witness by the testator, who declared the same to be his last will and testament, and was signed by the testator at ...., in the County of ...., State of ...., on the date shown in said instrument, in the presence of myself and the other subscribing witness; and the other subscribing witness and I then and there, at the request of the testator, in the presence of said testator and in the presence of each other, subscribed our names thereto as witnesses.
Name of witness ....
Address ....
Subscribed and sworn to before me this .... day of...., (year).
Notary Public in and for ....
County of ....
State of ....
(SEAL)
(b) If it is desired to prove the execution of the will by deposition rather than by use of the affidavit form provided in subsection (a) of this section, upon application the clerk shall issue a commission to some officer authorized by the law of this state to take depositions, with the will annexed, and the officer taking the deposition shall exhibit it to the witness for identification, and, when identified by him, shall mark it as "Exhibit ...." and cause the witness to connect his identification with it as such exhibit. Before sending out the commission the clerk shall make and retain in his office a true copy of the will.
(c) If all of the witnesses are deceased or otherwise not available, it is permissible to prove the will by the sworn testimony of two (2) credible disinterested witnesses that the signature to the will is in the handwriting of the person whose will it purports to be, and that the signatures of the witnesses are in the handwriting of the witnesses, or it may be proved by other sufficient evidence of the execution of the will.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 2 - Procedure for Probate › Section 2-6-206 - Proof; Holographic Wills.

2-6-206. Proof; holographic wills.
An holographic will may be proved the same as any other private writing.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 2 - Procedure for Probate › Section 2-6-207 - Proof; Lost or Destroyed Will; Court May Restrain Personal Representatives Pending Disposition.

2-6-207. Proof; lost or destroyed will; court may restrain personal representatives pending disposition.
(a) Whenever any will is lost or destroyed, the district court shall take proof of the execution and validity thereof to establish the same. All the testimony shall be reduced to writing and signed by the witnesses.
(b) No will shall be proved as a lost or destroyed will unless it is proved to have been in existence at the time of death of the testator, or is shown to have been fraudulently destroyed in the lifetime of the testator, nor unless its provisions are clearly and distinctly proved by at least two (2) credible witnesses.
(c) When a lost will is established, the provisions thereof shall be distinctly stated and certified by the judge, under his hand and the seal of the court, and the certificate shall be filed and recorded as other wills are filed and recorded, and letters testamentary or of administration with the will annexed, shall be issued thereon in the same manner as upon wills produced and duly proved.
(d) If before or during the pendency of an application to prove a lost or destroyed will, letters of administration are granted on the estate of the testator or letters testamentary of any previous will of the testator are granted, the court may restrain the personal representatives so appointed from any acts or proceedings which would be injurious to the legatees or devisees claiming under the lost or destroyed will.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 2 - Procedure for Probate › Section 2-6-208 - Order of Preference for Appointment of Executor.

2-6-208. Order of preference for appointment of executor.
(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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 2 - Procedure for Probate › Section 2-6-209 - Order Admitting or Disallowing Probate; Mailing of Copies.

2-6-209. Order admitting or disallowing probate; mailing of copies.
The court or the clerk shall enter an order either admitting the will to probate or disallowing probate because of insufficient proof. An order admitting a will to probate shall include the appointment of an executor. The clerk, personal representative or attorney shall transmit by certified mail a copy of the order admitting the will to probate, together with a copy of the will, to each named beneficiary and to each heir of the decedent.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 2 - Procedure for Probate › Section 2-6-210 - Form of Letters Testamentary.

2-6-210. Form of letters testamentary.
Letters testamentary must be substantially in the following form:
State of Wyoming )
)ss
County of .... )
The last will of A. B., deceased, a copy of which is hereto attached, having been proved and recorded in the district court within and for the county of ...., C. D. is hereby appointed executor. Witness, G. H., clerk of the district court of the .... district within and for the county of .... with the seal of the court affixed, the .... day of .... A.D. ....
.............................Clerk.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 2 - Procedure for Probate › Section 2-6-211 - Authority of Executor Not Designated in Will.

2-6-211. Authority of executor not designated in will.
Executors who are not designated in the will have the same authority over the estates which executors named in the will have.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 3 - Actions to Set Aside or Contest › Section 2-6-301 - Filing and Contents of Petition to Revoke.

2-6-301. Filing and contents of petition to revoke.
After a will has been admitted to probate, any person interested may, within the time designated in the notice provided for in W.S. 2-6-122 or 2-7-201, contest the will or the validity of the will. For that purpose he shall file in the court in which the will was proved a petition in writing containing his allegations against the validity of the will or against the sufficiency of the proof, and praying that the probate be revoked.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 3 - Actions to Set Aside or Contest › Section 2-6-302 - Summons and Notification; Proceedings Governed by Civil Rules.

2-6-302. Summons and notification; proceedings governed by civil rules.
Upon filing the petition, a summons shall be served upon the executors of the will and the clerk shall send notice by certified mail, with copy of petition attached, to all the legatees and devisees mentioned in the will and all the heirs, so far as known to the petitioner, or to their guardians if any of them are minors, or to their personal representatives if any of them are dead. The summons, service and proceedings shall be governed by the Wyoming Rules of Civil Procedure.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 3 - Actions to Set Aside or Contest › Section 2-6-303 - Annulment and Revocation.

2-6-303. Annulment and revocation.
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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 3 - Actions to Set Aside or Contest › Section 2-6-304 - Cessation of Executor's Powers; Immunity.

2-6-304. Cessation of executor's powers; immunity.
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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 3 - Actions to Set Aside or Contest › Section 2-6-305 - Liability for Payment of Contest Costs.

2-6-305. Liability for payment of contest costs.
The fees and expenses shall be paid by the party contesting the validity or probate of the will if the will in probate is affirmed. If the probate is revoked, the costs shall be paid by the party who resisted the revocation, or out of the property of the decedent, as the court directs.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 6 - Wills › Article 3 - Actions to Set Aside or Contest › Section 2-6-306 - When Probate Deemed Conclusive.

2-6-306. When probate deemed conclusive.
If no person within the time designated in the notice provided for in W.S. 2-6-122 or 2-7-201 files a petition to contest the will or its validity, the probate of the will is conclusive.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 1 - In General › Section 2-7-101 - Presumption of Death; How Estate Handled.

2-7-101. Presumption of death; how estate handled.
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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 1 - In General › Section 2-7-102 - Penalty for Administering Without Proving Will or Taking Letters of Administration.

2-7-102. Penalty for administering without proving will or taking letters of administration.
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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 1 - In General › Section 2-7-103 - Personal Representative to Take Possession of Estate.

2-7-103. Personal representative to take possession of estate.
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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 1 - In General › Section 2-7-104 - Actions Maintainable by or Against Personal Representatives; Right Generally.

2-7-104. Actions maintainable by or against personal representatives; right generally.
Actions for the recovery of any property, real or personal, or for the possession thereof, or for the destruction, wasting, conversion, injury, taking or carrying away thereof, or to quiet title thereto, or to determine any adverse claim thereon, and all actions founded upon contract, may be maintained by and against the personal representative in all cases in which the action might have been maintained by or against their respective testators or intestates.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 1 - In General › Section 2-7-105 - Actions Maintainable by or Against Personal Representatives; Actions for Waste by Representatives.

2-7-105. Actions maintainable by or against personal representatives; actions for waste by representatives.
Personal representatives may maintain actions against any person who has wasted, destroyed, taken or carried away, or converted to his own use, the goods of their testator or intestate in his lifetime. They may also maintain actions for trespass committed on the real estate of the decedent in his lifetime.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 1 - In General › Section 2-7-106 - Actions Maintainable by or Against Personal Representatives; Actions for Waste by Representatives; Against Representatives.

2-7-106. Actions maintainable by or against personal representatives; actions for waste by representatives; against representatives.
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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 1 - In General › Section 2-7-107 - Disposition of Partnership Business.

2-7-107. Disposition of partnership business.
When a partnership exists between the decedent at the time of his death and any other person or persons, the surviving partner or partners may continue in possession of the partnership and settle its business, but the interest of the decedent in the partnership shall be included in the inventory and appraised as other property. The surviving partner or partners shall settle the affairs of the partnership without delay, account to the personal representative and pay the funds as from time to time are payable to him, in the right of the decedent.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 1 - In General › Section 2-7-108 - Actions on Bond of Former Representatives.

2-7-108. Actions on bond of former representatives.
A personal representative may, in his own name, for the use and benefit of all parties interested in the estate, maintain actions on the bond of any former personal representative or special order for the same estate.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 1 - In General › Section 2-7-109 - Compromise of Claims; Owed to Estate.

2-7-109. Compromise of claims; owed to estate.
When it appears for the best interest of the estate, the fiduciary may, subject to approval of the court, effect a compromise with any debtor or other obligor, or extend, renew or in any other manner modify the terms of any obligation owing to the estate. If the fiduciary holds a mortgage, pledge or other lien upon property of another person, he may, in lieu of foreclosure, accept a conveyance or transfer of the encumbered assets from the owner thereof in satisfaction of the indebtedness secured by the lien, if it appears for the best interests of the estate and if the court so orders.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 1 - In General › Section 2-7-110 - Compromise of Claims; Against Estate.

2-7-110. Compromise of claims; against estate.
When a claim against an estate has been filed, or suit thereon is pending, the creditor and the fiduciary may, if it appears for the best interests of the estate, subject to approval of the court, compromise the claim, whether it is due or not due, absolute or contingent, liquidated or unliquidated.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 2 - Notices › Section 2-7-201 - Admission of Will or Estate to Probate and Appointment of Personal Representative; Contents; Form.

2-7-201. Admission of will or estate to probate and appointment of personal representative; contents; form.
Upon admission of a will or an estate of an intestate decedent to probate and issuance of letters, the personal representative shall cause to be published once a week for three (3) consecutive weeks in a daily or weekly newspaper of general circulation in the county in which the probate is pending, a notice of admission of the will or estate to probate and of the appointment of the personal representative. The notice shall state that any action to set aside the probate of the will shall be brought within three (3) months from the date of the first publication of the notice or thereafter be barred. The publication shall include a notice to debtors to make payment and to creditors having claims against the decedent to file them with the necessary vouchers in the office of the clerk of court from which the letters were issued within three (3) months from the date of the first publication of the notice, or thereafter be forever barred. The notice required by this section shall be substantially in the following form:
State of Wyoming ) In the District Court
)ss ....Judicial District
County of .... ) Probate No. ....
In the Matter of the Estate )
)
of ) Notice of Probate
)
...., Deceased. )
TO ALL PERSONS INTERESTED IN SAID ESTATE:
You are hereby notified that on the .... day of ...., (year), the estate of the above named decedent was admitted to probate by the above named court, and that .... was appointed personal representative thereof.
or
You are hereby notified that on the .... day of ...., (year), the Last Will and Testament of decedent was admitted to probate by the above named court, and .... was appointed personal representative thereof. Any action to set aside the Will shall be filed in the Court within three months from the date of the first publication of this notice, or thereafter be forever barred.
Notice is further given that all persons indebted to the decedent or to his Estate are requested to make immediate payment to the undersigned at ...., Wyoming.
Creditors having claims against the decedent or the estate are required to file them in duplicate with the necessary vouchers, in the office of the Clerk of said Court, on or before three months after the date of the first publication of this notice, and if such claims are not so filed, unless otherwise allowed or paid, they will be forever barred.
Dated ...., (year). Personal Representative ....
PUBLISH: (once a week for 3 successive weeks).
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 2 - Notices › Section 2-7-202 - Public Auction of Real or Personal Property; Contents.

2-7-202. Public auction of real or personal property; contents.
(a) When a sale of real or personal property of a decedent is ordered and is to be made at public auction, notice of the time and place of sale shall be published in a daily or weekly newspaper of general circulation in the county in which the probate is pending and in the county in which such property is situate once a week for three (3) consecutive weeks next before the sale, except in the case of perishable and other personal property likely to depreciate in value or which will incur loss by being kept, and as much other personal property as may be necessary to pay the allowance made to the family of the decedent.
(b) Notice shall set forth the time and place of sale and a description of the property offered for sale, and may provide that any and all bids may be rejected by the personal representative.
(c) A copy of the notice shall also be mailed as provided in W.S. 2-7-205.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 2 - Notices › Section 2-7-203 - Order to Show Cause for Setting Off Exempt Property; Form.

2-7-203. Order to show cause for setting off exempt property; form.
(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
)ss
County of .... ) .... Judicial District
) Probate No. ...
In the Matter of the Estate)
)
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 ....
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 2 - Notices › Section 2-7-204 - Final Account and Petition for Distribution; Form.

2-7-204. Final account and petition for distribution; form.
(a) When an estate is in condition for final settlement, but not less than three (3) months after the date of the first publication of the notice of opening the probate, the personal representative shall give notice that he has filed in the office of the clerk of court a final account and petition for distribution, where anyone interested may examine and file objections thereto in writing at any time within ten (10) days after the day mentioned in the notice, naming the last day on which any objections may be filed. The notice shall state if no objections are filed within the time allowed, he shall make final settlement of the estate on the day following the last day for filing objections or as soon thereafter as the matter may be heard.
(b) The notice shall be substantially in the following form:
NOTICE OF FINAL SETTLEMENT OF ESTATE
State of Wyoming )
)ss Probate No. ....
County of .... )
To all persons interested in the Estate of ...., deceased, take notice that the undersigned Personal Representative did, on the .... day of ...., (year), file in the office of the Clerk of the District Court, .... Judicial District, in said County and State, his Final Account and Petition for Distribution of the Estate, a copy of which is hereby delivered to you, and upon examination of the Account and Petition you may file objections thereto in writing with the Clerk at any time on or before the .... day of ...., (year).
If no objections are filed thereto, the Personal Representative will make final settlement of the Estate on the .... day of ...., (year), or as soon thereafter as the matter may be heard.
Dated the .... day of ...., (year).
Personal Representative ....
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 2 - Notices › Section 2-7-205 - Parties Entitled to Receive.

2-7-205. Parties entitled to receive.
(a) Subject to subsection (d) of this section, a true copy of the notice required in W.S. 2-7-201 shall be mailed by ordinary United States mail, first class, to:
(i) The surviving spouse, if any, and to all of the heirs at law of the decedent and to all of the beneficiaries named in the will of the decedent. The mailings shall be made not later than one (1) week after the first publication of the notice in the newspaper;
(ii) Each creditor of the decedent whose identity is reasonably ascertainable by the personal representative within the time limited in the notice to creditors. The mailing shall be made not later than thirty (30) days prior to the expiration of three (3) months after the first publication of the notice in the newspaper;
(iii) The state department of health if the decedent received medical assistance pursuant to W.S. 42-4-101 through 42-4-114; and
(iv) The department of family services if the decedent or any heir at law of the decedent, if known, is the obligor on a child support order being enforced by the department.
(b) Unless waived in writing by the parties entitled thereto, the notices required in W.S. 2-7-202, 2-7-203, 2-7-204, 2-7-615, 2-7-806, 2-7-807 and 2-7-811 shall be mailed not less than ten (10) days prior to the day of hearing, the date for filing objections, or sale, as the case may be, to the surviving spouse, if any, and to all of the heirs of a decedent dying intestate or to all of the beneficiaries named in the will of a decedent dying testate.
(c) Notice of all intended sales of real property not requiring an order of the court shall be mailed or delivered not less than ten (10) days prior to the sale to the surviving spouse, if any, and to the heirs of a decedent dying intestate or to all of the beneficiaries named in the will of a decedent dying testate.
(d) Notice to the agent or attorney of any party entitled to notice under this section is notice to that party.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 2 - Notices › Section 2-7-206 - Proof by Affidavit; Filing Thereof.

2-7-206. Proof by affidavit; filing thereof.
(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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 3 - Temporary Administration › Section 2-7-301 - Appointment of Special Administrator; When to Be Made.

2-7-301. Appointment of special administrator; when to be made.
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.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 3 - Temporary Administration › Section 2-7-302 - Appointment of Special Administrator; Entry of Order and Issuance of Letters.

2-7-302. Appointment of special administrator; entry of order and issuance of letters.
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.