reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 3 - Temporary Administration › Section 2-7-303 - Appointment of Special Administrator; Preferences; Appeal Precluded.

2-7-303. Appointment of special administrator; preferences; appeal precluded.
In making the appointment of a special administrator, the court or officer shall give preference to the person entitled to letters but no appeal to the supreme court shall be allowed from the appointment.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 3 - Temporary Administration › Section 2-7-304 - Special Administrator; Surety and Oath.

2-7-304. Special administrator; surety and oath.
Before any letters are issued to any special administrator, he shall provide such surety as the court or officer directs. He shall take the usual oath and have the oath endorsed on his letters.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 3 - Temporary Administration › Section 2-7-305 - Special Administrator; Powers and Duties; No Liability to Creditors.

2-7-305. Special administrator; powers and duties; no liability to creditors.
The special administrator shall collect and preserve for the personal representative all goods, chattels, debts and effects of the decedent, and all incomes, rents, issues and profits, claims and demands of the estate. He shall take the charge and management of, enter upon, and preserve from damage, waste and injury, the real estate. For any and all necessary purposes he may commence and maintain or defend suits and other legal proceedings as an administrator. He may sell the perishable property as the court or officer may order to be sold, and exercise such other powers as are conferred upon him by his appointment, but in no case is he liable to any creditor on a claim against the decedent.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 3 - Temporary Administration › Section 2-7-306 - Special Administrator; Cessation of Powers.

2-7-306. Special administrator; cessation of powers.
When letters on the estate of the decedent have been granted, the powers of the special administrator cease, and he shall forthwith deliver to the personal representative all the property and effects of the decedent in his hands, and the personal representative may prosecute to final judgment any suit commenced by the special administrator.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 3 - Temporary Administration › Section 2-7-307 - Special Administrator; Rendition of Account.

2-7-307. Special administrator; rendition of account.
The special administrator shall render an account, on oath, of his proceedings, in like manner as other personal representatives are required to do.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 4 - Marshalling Assets › Section 2-7-401 - Personal Representative Entitled to Possession of All Property; Duty to Repair; Actions by Heirs for Possession or to Quiet Title.

2-7-401. Personal representative entitled to possession of all property; duty to repair; actions by heirs for possession or to quiet title.
The personal representative is entitled to possession of all real and personal estate of the decedent, and to receive the rents and profits of the real estate until the estate is settled or until delivery by order of the court to the heirs or beneficiaries. He shall keep in good repair all houses, buildings and fixtures under his control. The heirs or beneficiaries may themselves or jointly with the personal representative maintain an action for possession of the real estate or for quieting title to the same, against anyone except the personal representative, but this section shall not be so construed as requiring them to do so.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 4 - Marshalling Assets › Section 2-7-402 - Title to Decedent's Property; Subject to Administration and Payment of Debts; Priorities.

2-7-402. Title to decedent's property; subject to administration and payment of debts; priorities.
Except as otherwise provided in this code, when a person dies the title to his property, real and personal, passes to the person to whom it is devised by his last will, or in the absence of such disposition to the persons who succeed to his estate as provided in this code. However all of his property is subject to the possession of the personal representative and to the control of the court for the purposes of administration, sale or other disposition under the provisions of law, and his property, except homestead and other exempt property, is chargeable with the payment of debts and charges against his estate. There is no priority between real and personal property, except as provided in this code or by the will of the decedent.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 4 - Marshalling Assets › Section 2-7-403 - Return of Inventory of Estate by Representative; Failure to Comply; Disposition of Fines.

2-7-403. Return of inventory of estate by representative; failure to comply; disposition of fines.
(a) Every personal representative shall make and return to the court within one hundred twenty (120) days after his appointment a true inventory upon his oath, of all the estate of the decedent, including the homestead, if any, which has come to his possession or knowledge. If the personal representative does not file such inventory within one hundred twenty (120) days, he shall show the court good cause for his delay and the court shall determine whether or not an extension of time shall be allowed. For failure to comply in good faith with the time limitations set forth, the personal representative shall be adjudged in contempt of court, and a fine imposed and other enforcement entered as the court in its discretion determines. Any fine assessed shall be paid into the corpus of the estate.
(b) Anything herein to the contrary notwithstanding, in all cases to which W.S. 2-5-101 applies, the inventory shall be filed not more than seventy-five (75) days after the will has been admitted to probate.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 4 - Marshalling Assets › Section 2-7-404 - Report of Appraisal; Verification of Values of Estate Assets.

2-7-404. Report of appraisal; verification of values of estate assets.
(a) Within one hundred twenty (120) days after the timely filing by the personal representative of the inventory of assets of the estate of the decedent, pursuant to W.S. 2-7-403, the personal representative shall file under oath a report of appraisal of values of estate assets listed in the inventory. The report shall be in compliance with such of the following requirements as may be applicable:
(i) As to all assets listed in the inventory which have a readily determinable market value, the value of each asset as of date of death shall be stated in writing by one (1) disinterested person;
(ii) As to all assets listed in the inventory that do not have a readily determinable market value, the personal representative shall employ disinterested persons to determine the fair market value of each such asset, as of the date of death. A separate written report as to the value of each asset, showing the appraiser's basis for arriving at the value, shall be attached to the report.
(b) Different persons may be employed to appraise or determine the value of different assets included in the estate.
(c) The report, with any attachments required by this section, shall be filed with the clerk of court.
(d) The amount of the fee to be paid to any appraiser, or any person making the required statement, shall be within the discretion of the personal representative, subject only to the provisions of W.S. 2-7-802(a) as to reasonableness and approval at the hearing of the final report and accounting of the personal representative.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 4 - Marshalling Assets › Section 2-7-407 - Effect of Naming Debtor as Personal Representative.

2-7-407. Effect of naming debtor as personal representative.
The naming of a debtor as personal representative does not discharge him from any just claim which the testator has against him. The claim shall be included in the inventory and the personal representative is liable for the same when the debt or demand becomes due.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 4 - Marshalling Assets › Section 2-7-408 - Discharge or Bequest of Debt or Demand Not Valid Against Creditors.

2-7-408. Discharge or bequest of debt or demand not valid against creditors.
The discharge or bequest in a will of any debt or demand of the testator against the personal representative named or any other person is not valid against the creditors of the decedent, but is a specific bequest of the debt or demand. It shall be included in the inventory and if necessary applied in the payment of the debts. If not necessary for that purpose, it shall be paid in the same manner and proportion as other specific legacies.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 4 - Marshalling Assets › Section 2-7-409 - Failure to File Inventory or Appraisement.

2-7-409. Failure to file inventory or appraisement.
If a personal representative neglects or refuses to file either the inventory or appraisement within the time prescribed or within such further time which the court shall for reasonable cause allow, the court or commissioner may, upon notice, in addition to all other remedies and penalties provided in this code, revoke the letters and the personal representative is liable on his bond for any injury to the estate or rights of any person interested therein arising from such failure.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 4 - Marshalling Assets › Section 2-7-410 - Appraisement of After-Discovered Property; Filing; Enforcement.

2-7-410. Appraisement of after-discovered property; filing; enforcement.
Whenever property not mentioned in any inventory comes to the possession or knowledge of the personal representative, he shall cause the same to be appraised in the manner prescribed and an appraisement thereof filed within one (1) month after the discovery. The making of the appraisement may be enforced, after notice, by any and all remedies provided by this code.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 4 - Marshalling Assets › Section 2-7-411 - Liability for Embezzlement or Alienation of Monies Before Letters Granted.

2-7-411. Liability for embezzlement or alienation of monies before letters granted.
If any person, before the granting of letters embezzles or alienates any of the monies, goods, chattels or effects of a decedent he is chargeable therewith and liable to an action by the personal representative of the estate for double the value of the property embezzled or alienated, for the benefit of the estate.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 4 - Marshalling Assets › Section 2-7-412 - Citation to Persons Suspected of Having Concealed Monies; Generally.

2-7-412. Citation to persons suspected of having concealed monies; generally.
If any personal representative or other person interested in the estate of a decedent complains to the court in writing, verified by oath, that any person is suspected of having concealed, embezzled, smuggled, conveyed away or disposed of any monies, goods or chattels of the decedent or in which he had an interest, or has in his possession or knowledge any deeds, conveyances, bonds, contracts or other writings which contain evidence of or tend to disclose the right, title, interest or claim of the decedent to any real or personal estate or any claim or demand, or any lost will, the court shall cite the person to appear before the court and shall examine him on oath upon the matter of the complaint. If the person is not in the county where the decedent died or where letters have been granted he may be cited and examined either before the court of the county where he is found or before the court of the county where the decedent died or where letters have been granted. But if in the latter case he appears and is found innocent his necessary expenses shall be allowed him out of the estate.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 4 - Marshalling Assets › Section 2-7-413 - Citation to Persons Suspected of Having Concealed Monies; Failure to Appear or Answer; Disclosure Order; Proceedings Generally.

2-7-413. Citation to persons suspected of having concealed monies; failure to appear or answer; disclosure order; proceedings generally.
(a) If the person cited refuses to appear and submit to an examination or to answer interrogatories put to him touching the matters of complaint, the court may commit him to the county jail until he submits to the order of the court or is discharged according to law. If upon examination it appears that he has concealed, embezzled, smuggled, conveyed away or disposed of any monies, goods or chattels of the decedent or has in his possession or knowledge any deeds, conveyances, bonds, contracts or other writings containing evidence of or tending to disclose the right, title, interest or claim of the decedent to any real or personal estate, claim or demand, or any lost will of the decedent, an order may be made requiring the person to disclose his knowledge thereof to the personal representative and he may be committed to the county jail until the order is complied with or he is discharged according to law.
(b) All interrogatories and answers shall be in writing, signed by the party examined and filed in the court. The order for disclosure made upon the examination is prima facie evidence of the right of the personal representative to the property in any action brought for the recovery thereof. Any judgment recovered shall be for double the value of the property as assessed by the court, or for return of the property and damages in addition thereto equal to the value of the property. In addition to the examination of the party, witnesses may be produced and examined on either side.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 4 - Marshalling Assets › Section 2-7-414 - Citation of Persons Entrusted With Monies for Accounting.

2-7-414. Citation of persons entrusted with monies for accounting.
Upon the complaint on oath of any personal representative, the court shall cite any person who has been entrusted with any part of the estate of the decedent to appear before the court and require him to render a full account of any monies, goods, chattels, bonds, accounts or other property or papers belonging to the estate which have come to his possession in trust for the personal representative, and of his proceedings thereon. If the person cited refuses to appear and render the account he shall be proceeded against as provided in W.S. 2-7-413.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 5 - Property Allowance for Surviving Spouse and Minor Children › Section 2-7-501 - Right to Homestead and Support; "Homestead" Defined.

2-7-501. Right to homestead and support; "homestead" defined.
(a) When a person dies leaving a spouse or minor children, the spouse or minor children are entitled to remain in possession of the homestead, all wearing apparel of the family, and all household furniture of the decedent until letters are granted and the inventory is returned. The widow or minor children are also entitled to a reasonable provision for their support, to be allowed by the court.
(b) When any person dies seized of a homestead, leaving a spouse or minor children, the spouse or minor children are entitled to the homestead. If there is neither spouse nor minor children the homestead is liable for the debts of the decedent.
(c) "Homestead" includes that property referred to in W.S. 2-7-507 to the extent in value stated in W.S. 2-7-508.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 5 - Property Allowance for Surviving Spouse and Minor Children › Section 2-7-502 - Extra Allowance for Maintenance of Family.

2-7-502. Extra allowance for maintenance of family.
If the amount set apart is insufficient for the support of the widow and children, or either, the court shall make such reasonable allowance out of the estate as is necessary for the maintenance of the family according to their circumstances during the settlement of the estate.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 5 - Property Allowance for Surviving Spouse and Minor Children › Section 2-7-503 - Preference and Payment of Allowances; Exceptions.

2-7-503. Preference and payment of allowances; exceptions.
Allowances made shall be paid in preference to all other charges except funeral expenses and cost of administration. Any such allowance, whenever made, may in the discretion of the court take effect from the death of the decedent. This section shall not be construed so as to invalidate any mortgage or lien of record against decedent's property.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 5 - Property Allowance for Surviving Spouse and Minor Children › Section 2-7-504 - Absolute Property of Surviving Spouse and Minor Children; Exceptions; Renouncement of Will of No Effect.

2-7-504. Absolute property of surviving spouse and minor children; exceptions; renouncement of will of no effect.
When any resident of this state dies leaving a spouse or minor children, the court shall set over to the spouse, and if none to the minor children, as their absolute property, all property of the decedent exempt from execution under the exemption laws of this state including the homestead. Such property shall not be subject to the payment of debts of the decedent, except expenses of administration or funeral expenses of the decedent in cases in which there is not other property in the estate sufficient to pay the expenses. If [the] decedent does not have any or all of the property specified under the exemption laws, the spouse or minor children are entitled to the value of the exempt property either in money or other property as they may prefer. If the surviving spouse is not the parent of all or any minor children, one-half (1/2) of the property shall be set over to the surviving spouse and the other one-half (1/2) to the minors who are not children of the survivor. A conservator shall be appointed for the children as in any other cases of estate property descending to a minor. The right of a surviving spouse to any of the exempt property is not affected by his or her renouncing or failing to renounce the benefit of the provisions made for him or her in the will of the decedent.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 5 - Property Allowance for Surviving Spouse and Minor Children › Section 2-7-505 - Procedure for Setting Off Exempt Property.

2-7-505. Procedure for setting off exempt property.
Any time during the administration of an estate and after the first publication of notice of opening the probate and the filing of the appraisement, any person interested may file a petition showing the necessary facts and praying to have the exempt property of the estate including the homestead set over to the person or persons entitled thereto. Upon filing of the petition, the court shall require all persons interested to appear on a day certain to show cause why the exempt property should not be set over to the person or persons entitled thereto. The order 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 to show cause 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 the hearing. At the time set for the hearing or to which the hearing is continued, the court shall hear the evidence and make such order as the facts and law require. If the whole estate of the decedent is found to be exempt and is set over to the person or persons entitled thereto, no further proceeding is required in the administration of the estate unless further estate is discovered. The publication and notice may be combined with and included in the notice of opening the probate, but the hearing shall not be held less than ten (10) days after the filing of the appraisement.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 5 - Property Allowance for Surviving Spouse and Minor Children › Section 2-7-506 - Homestead to Be Set aPart by Court; Payment of Liens or Encumbrances.

2-7-506. Homestead to be set apart by court; payment of liens or encumbrances.
If the homestead held prior to the death of the decedent is returned in the appraisement at a value not exceeding the value of the homestead exemption provided in W.S. 2-7-508, the court shall order it set off to the persons entitled thereto. If there are liens or encumbrances on the homestead and if the funds of the estate are adequate to pay all claims against the estate, all claims against the estate and any liens or encumbrances on the homestead, whether filed or presented or not, if known or made known to the personal representative, shall be paid out of the funds. If the funds of the estate are not sufficient for that purpose, liens or encumbrances shall be paid proportionately with other claims allowed, and the liens or encumbrances on the homestead shall only be enforced against the homestead for any deficiency remaining after the payment.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 5 - Property Allowance for Surviving Spouse and Minor Children › Section 2-7-507 - Duty of Appraisers to Appraise and Divide Homestead.

2-7-507. Duty of appraisers to appraise and divide homestead.
If the homestead is returned in the appraisement at more than the value of the homestead exemption set forth in W.S. 2-7-508, the appraisers shall determine whether the premises can be divided without material injury. If they can be divided, the appraisers shall admeasure and set apart to the parties entitled thereto the portion of the premises, including the dwelling house, as will amount in value to the homestead exemption and make report thereof giving the metes, bounds and full description of the portion set apart as a homestead. If the appraisers find that the premises exceed in value the homestead exemption and the premises cannot be divided without material injury, they shall report the finding, and thereafter the court may make an order for the sale of the premises and the distribution of the proceeds to the parties entitled thereto.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 5 - Property Allowance for Surviving Spouse and Minor Children › Section 2-7-508 - Amount of Homestead Exemption.

2-7-508. Amount of homestead exemption.
Wheresoever in the Probate Code the limit of the homestead exemption is established or referred to, the exemption is thirty thousand dollars ($30,000.00).
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 5 - Property Allowance for Surviving Spouse and Minor Children › Section 2-7-509 - Costs of Proceedings; Homestead Exempt From Claims Against Estate.

2-7-509. Costs of proceedings; homestead exempt from claims against estate.
The costs of all proceedings provided for in W.S. 2-7-501 through 2-7-508 shall be paid by the estate as expenses of administration. Persons succeeding by purchase or otherwise to the interests, rights and title of successors to homesteads or to the right to have homesteads set apart to them, shall take the homestead exempt from claims against the estate of the decedent.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-601 - When Conveyance Required; Generally.

2-7-601. When conveyance required; generally.
When a person who is bound by contract in writing to convey any real estate dies before making the conveyance, and in all cases when the decedent, if living, might be compelled to make the conveyance, the court may order his personal representative to convey the real estate to the person entitled thereto.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-602 - When Conveyance Required; Time and Place for Hearing; Notice.

2-7-602. When conveyance required; time and place for hearing; notice.
On presentation of a verified petition by any person claiming to be entitled to the conveyance from a personal representative setting forth the facts upon which the claim is predicated, the court shall appoint a time and place for hearing the petition and notice thereof shall be personally served on the personal representative.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-603 - When Conveyance Required; Hearing.

2-7-603. When conveyance required; hearing.
At the hearing all persons interested in the estate may appear and contest the petition by filing their objections in writing. The court may examine, on oath, the petitioner and all before him for that purpose.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-604 - When Conveyance Required; Order for Conveyance; Journal Entry.

2-7-604. When conveyance required; order for conveyance; journal entry.
If after hearing and examination of the claim the court is satisfied the petitioner is entitled to a conveyance of the real estate described in the petition, an order directing the personal representative to execute a conveyance thereof to the petitioner shall be made and entered on the journal of the court.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-605 - When Conveyance Required; Execution.

2-7-605. When conveyance required; execution.
The personal representative shall execute the conveyance according to the directions of the order.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-606 - When Conveyance Required; Dismissal of Petition; Specific Performance.

2-7-606. When conveyance required; dismissal of petition; specific performance.
If upon hearing the right of the petitioner to have specific performance of the contract is found to be doubtful, the court shall dismiss the petition without prejudice to the right of the petitioner, who may at any time within two (2) months thereafter proceed by action to enforce specific performance thereof.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-607 - When Conveyance Required; Title to Pass.

2-7-607. When conveyance required; title to pass.
Every conveyance made in pursuance of an order or decree as provided in W.S. 2-7-601 or 2-7-604 shall pass title to the estate contracted for as fully as if the contracting party himself was still living and executed the conveyance.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-608 - When Conveyance Required; Right of Successor to Enforce.

2-7-608. When conveyance required; right of successor to enforce.
If the person entitled to the conveyance dies before the commencement or completion of proceedings therefor, any person entitled to succeed to his rights in the contract, or the personal representative of the decedent, may, for the benefit of the person so entitled, commence the proceedings or prosecute any already commenced. The conveyance shall be so made as to vest the estate in the person entitled to it or in the personal representative for his benefit.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-609 - When Power Given in Will.

2-7-609. When power given in will.
When power to sell, mortgage, lease, pledge or exchange property of the estate is given to any personal representative under the terms of a will, the statutory requirements for such purposes do not apply.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-610 - Equitable Conversion; Effect Thereof.

2-7-610. Equitable conversion; effect thereof.
A testamentary direction to sell real property, or the exercise of a testamentary power of sale of real property constitutes an equitable conversion of real estate into personal property, but shall not affect distribution of the estate under the provisions of the will.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-611 - When Real Property Deemed Personalty; When Personalty Deemed Real Property.

2-7-611. When real property deemed personalty; when personalty deemed real property.
(a) Real property acquired by the personal representative by the completion of foreclosure proceedings or by the forfeiture of real estate contracts after the death of the decedent is deemed to be personal property for the purpose of administration and distribution of the estate.
(b) In all cases of sale of real property by a personal representative under order of court, the surplus of the proceeds of sale remaining after the payment of debts and charges is deemed to be real property and shall be disposed of in the same proportions as the real property would have been if it had not been sold.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-612 - Purposes for Which Realty or Personalty May Be Sold; Exempt Personal Property and Homestead.

2-7-612. Purposes for which realty or personalty may be sold; exempt personal property and homestead.
(a) Any real or personal property belonging to the decedent except exempt personal property and the homestead may be sold, mortgaged, pledged, leased or exchanged by the personal representative for any of the following purposes:
(i) The payment of debts and charges against the estate;
(ii) The distribution of the estate or any part thereof;
(iii) Any other purpose in the best interests of the estate.
(b) Exempt personal property under such provisions as the court may direct, if not set off to the surviving spouse or issue may be sold, mortgaged, pledged, leased, or exchanged, if the surviving spouse or issue consents thereto.
(c) The homestead, under such provisions as the court may direct, if not set off to the surviving spouse or issue, may be sold, mortgaged, pledged, leased or exchanged.
(d) The proceeds from the sale of any exempt personal property or from the sale of the homestead shall be held by the personal representative subject to the rights of the surviving spouse or issue unless the surviving spouse or issue has expressly waived his rights to the proceeds.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-613 - Sale of Personalty Without Court Order.

2-7-613. Sale of personalty without court order.
Personal property of a perishable nature and personal property for which there is a regularly established market may be sold by the personal representative without order of court.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-614 - Petition to Sell; Generally.

2-7-614. Petition to sell; generally.
A petition to sell, mortgage, exchange, pledge or lease any real or personal property shall set forth the reasons for the petition and describe the property involved. It may apply for different authority as to separate parts of the property, or it may apply in the alternative for authority to sell, mortgage, exchange, pledge or lease. Whenever it is for the best interests of the estate, real and personal property of the estate may be sold, mortgaged, exchanged, pledged or leased as a unit.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-615 - Petition to Sell; Notice and Hearing; Exception; Court Order.

2-7-615. Petition to sell; notice and hearing; exception; court order.
Upon filing of the petition, the court shall fix the time and place of hearing of the petition, and the personal representative shall give notice of the hearing as provided in W.S. 2-7-205, but as to personal property and as to the lease of real property not specifically devised for a period of not to exceed one (1) year, the court may hear the petition without notice. In those instances where notice is required, the notice shall state briefly the nature of the petition. At the hearing and upon satisfactory proof the court may order the sale, mortgage, exchange, pledge or lease of the property described or any part thereof at such price and upon such terms and conditions as the court may authorize.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-616 - Sale Subject to Mortgage.

2-7-616. Sale subject to mortgage.
When a claim is secured by a mortgage on property, the court, with the consent of the mortgagee, may order the sale of the property subject to the mortgage, and the consent shall release the estate should a deficiency later appear.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-617 - Extension of Credit in Sales.

2-7-617. Extension of credit in sales.
In all sales of property, the court may authorize credit to be given by the personal representative on such terms as the court may prescribe. Credit for more than twelve (12) months shall be extended only after hearing pursuant to notice to interested parties.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-618 - Purchase by Holder of Lien.

2-7-618. Purchase by holder of lien.
At any sale of real or personal property upon which there is a mortgage, pledge or other lien, the holder of the lien may become the purchaser, and may apply the amount of his lien on the purchase price. If no claim thereon has been filed or allowed, the court, at the hearing on the report of sale and for confirmation of the sale, may examine into the validity and enforceability of the lien or charge and the amount due thereunder and secured thereby, and may authorize the personal representative to accept the receipt of the purchaser for the amount due thereunder and secured thereby as payment pro tanto. If the mortgage, pledge or other lien is a valid claim against the estate and has been allowed, the receipt of the purchaser for the amount due him from the proceeds of the sale is a payment pro tanto. If the amount for which the property is purchased, whether or not a claim for it has been filed or allowed, is insufficient to defray the expenses and discharge his mortgage, pledge or other lien, the purchaser shall pay an amount sufficient to pay the balance of the expenses. Nothing permitted under this section shall be deemed to be an allowance of a claim based upon such mortgage, pledge or other lien.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-619 - Bond to Prevent Sale; Liability for Breach; Effect of Compliance.

2-7-619. Bond to prevent sale; liability for breach; effect of compliance.
(a) Any person interested in the estate may prevent a sale, mortgage, pledge, exchange or lease of the whole or any part of the real estate or personal property for any purpose by giving bond to the satisfaction of the court, conditioned that he will pay such demands against the estate as the court shall require not to exceed the value of the property thus kept from sale, mortgage, pledge, exchange or lease as soon as called upon by the court for that purpose.
(b) If the conditions of the bond are broken the property will be liable for the debts unless it has passed into the hands of innocent purchasers, and the personal representative may take possession thereof and sell it under the direction of the court, or he may prosecute the bond, or pursue both remedies at the same time if the court so directs.
(c) If the conditions of the bond are complied with the property shall pass by devise, bequest, distribution or descent as though there had been no debts against the estate.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-620 - Collateral Attacks Precluded.

2-7-620. Collateral attacks precluded.
No proceedings for sale, mortgage, pledge, lease, exchange or conveyance by a personal representative of property belonging to the estate is subject to collateral attack on account of any irregularity in the proceedings which do not deprive the court of jurisdiction.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-621 - Order for Sale, Generally.

2-7-621. Order for sale, generally.
The order shall describe the property to be sold, mortgaged, pledged, exchanged or leased and may designate the sequence in which the several parcels shall be sold, mortgaged, pledged, exchanged or leased. An order for sale may direct whether the property shall be sold at private sale or public auction, and the place or places of sale. The order of sale may prescribe the terms, conditions and manner of sale. The court may provide for appraisal for its guidance as to value of the property, and determine whether or not additional bond shall be deposited by the personal representative. If real property is to be mortgaged, the order may fix the maximum amount of principal, the earliest and latest dates of maturity and the purposes for which the proceeds shall be used. An order for sale, mortgage, pledge, exchange or lease shall remain in force until terminated by the court.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-622 - Notice of Auction Required.

2-7-622. Notice of auction required.
In all sales of property at public auction the personal representative shall give notice as provided in W.S. 2-7-202.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-623 - Adjournment of Sale.

2-7-623. Adjournment of sale.
The personal representative may adjourn any sale when in his discretion it is deemed for the best interests of the estate, but no adjournment shall be to a time more than three (3) months from the date first fixed for the sale. Every adjournment shall be announced publicly at the time and place at which adjournment is made.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-624 - Verified Report Required; Confirmation of Sale, by Court; Hearing May Be Ordered.

2-7-624. Verified report required; confirmation of sale, by court; hearing may be ordered.
(a) After making any sale, mortgage, exchange or lease of real property, the personal representative shall make a verified report thereof to the court. The court shall examine the report and if satisfied that the sale, mortgage, exchange or lease has been at a price and upon terms advantageous to the estate and in all respects made in conformity with law, and that it ought to be confirmed, shall confirm the sale, mortgage, exchange or lease and order the personal representative to deliver a deed, mortgage, lease or other proper instruments to the person entitled thereto.
(b) If the real property has been sold at private sale without an appraisal for purpose of sale, or if it has been appraised and has been sold at private sale for less than the appraised value, upon filing of the report the court may enter an order fixing a time and place for [a] hearing and a notice of the hearing shall be served upon all interested persons. Prior to the time fixed for the hearing, any person receiving notice may file written objections to the entry of an order approving the sale. If the court is not satisfied that the sale, mortgage, exchange or lease has been made in conformity with law and that it is in the best interests of the estate, it may reject the sale, mortgage, exchange or lease and enter an order it deems advisable.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-625 - Joining Report With Petition.

2-7-625. Joining report with petition.
The report of any private sale, mortgage, exchange or lease of real property, as provided in W.S. 2-7-624 may be joined with the petition provided in W.S. 2-7-614.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-626 - Recording.

2-7-626. Recording.
When real property is conveyed, encumbered or leased, the personal representative shall file a certified copy of the order of court entered under W.S. 2-7-624 together with the instrument of conveyance, encumbrance or lease in the office of the county clerk of the county or counties in which the real estate is located.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 6 - Sale and Other Disposition of Property › Section 2-7-627 - Optional Procedure.

2-7-627. Optional procedure.
In those instances to which W.S. 2-3-501 through 2-3-504 are applicable, the personal representative may proceed thereunder or proceed under W.S. 2-7-612 to 2-7-626.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 7 - Claims Against Estate › Section 2-7-701 - Debts and Charges; Classification.

2-7-701. Debts and charges; classification.
(a) In any estate in which the assets are or appear to be insufficient to pay in full all debts and charges of the estate, the personal representative shall classify debts and charges as follows:
(i) Court costs;
(ii) Other costs of administration;
(iii) Reasonable funeral and burial expenses;
(iv) Allowances payable under W.S. 2-7-503 and 2-7-504;
(v) All debts and taxes having preference under the laws of the United States;
(vi) Reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending him at his last illness;
(vii) All taxes having preferences under the laws of this state;
(viii) All debts owing to employees for labor performed during the ninety (90) days next preceding the death of the decedent;
(ix) All claims allowed under W.S. 2-7-707;
(x) All other claims allowed.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 7 - Claims Against Estate › Section 2-7-702 - Debts and Charges; Order of Payment.

2-7-702. Debts and charges; order of payment.
Payment of debts and charges of the estate shall be made in the order provided in the preceding section without preference of any claim over another of the same class. If the assets of the estate are insufficient to pay in full all of the claims of a class, then the claims shall be paid on a pro rata basis without preference between claims then due and those of the same class not due.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 7 - Administration of Estates › Article 7 - Claims Against Estate › Section 2-7-703 - Filing Required; Failure to Do So Constitutes Bar; Exceptions.

2-7-703. Filing required; failure to do so constitutes bar; exceptions.
(a) Except as otherwise provided in this section, all claims whether due, not due or contingent, shall be filed in duplicate with the clerk within the time limited in the notice to creditors and any claim not so filed is barred forever. Any claimant to whom the personal representative has mailed a notice pursuant to W.S. 2-7-205(a)(ii) shall file his claim within three (3) months after the date of first publication of the notice in the newspaper, or before the expiration of thirty (30) days after the mailing, whichever date is later, and any claim not so filed is barred forever. If only one (1) copy of a claim is filed, the clerk shall make a duplicate and shall charge the claimant a reasonable fee not to exceed two dollars ($2.00) per page.
(b) The clerk shall forthwith transmit to the personal representative one (1) copy of each claim when and as filed.
(c) This section shall not bar:
(i) Claimants entitled to equitable relief due to peculiar circumstances, if so found by the court in adversary proceedings; or
(ii) A claimant to whom no notice was mailed pursuant to W.S. 2-7-205(a)(ii), if the court in adversary proceedings finds that the identity of the claimant was reasonably ascertainable by the personal representative within the time limited in the notice to creditors published pursuant to W.S. 2-7-201.
(d) Any claim not in excess of two hundred dollars ($200.00) may be allowed by the personal representative without the filing of the claim by the creditor, but the personal representative is answerable for the propriety thereof upon hearing on his final report and accounting.