2010 Wyoming Statutes
Title 2 - Wills, Decedents' Estates And Probate Code
Chapter 1 - General Provisions

CHAPTER 1 - GENERAL PROVISIONS

 

ARTICLE 1 - CITATION AND CONSTRUCTION

 

2-1-101. Short title.

 

This act may be cited as the "Wyoming Probate Code".

 

2-1-102. Rules of construction and applicability.

 

(a) This code shall be liberally construed and applied, to promote the following purposes and policies to:

 

(i) Simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors and incapacitated persons;

 

(ii) Discover and make effective the intent of a decedent in distribution of his property;

 

(iii) Promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to his successors;

 

(iv) Facilitate use and enforcement of certain trusts.

 

(b) Unless displaced by the particular provisions of this code, the principles of law and equity supplement the code provisions.

 

(c) This code is a general act intended as a unified coverage of its subject matter and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided.

 

(d) The procedure herein prescribed shall govern all proceedings in probate brought after the effective date of this code. It shall also govern further procedure in proceedings in probate then pending unless the court determines its application in particular proceedings or parts thereof is not feasible or will work an injustice, in which event the former procedure shall apply.

 

ARTICLE 2 - DISTRIBUTION BY AFFIDAVIT AND SUMMARY PROCEDURE

 

2-1-201. Payment of indebtedness and delivery of tangible personal property or instruments evidencing debt.

 

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

 

(i) The value of the entire estate, wherever located, less liens and encumbrances, does not exceed one hundred fifty thousand dollars ($150,000.00);

 

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

 

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

 

(iv) The claiming distributees are entitled to payment or delivery of the property; the facts concerning the distributees' relationship to the decedent, and there are no other distributees of the decedent having a right to succeed to the property under probate proceedings.

 

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

 

(c) When filed with the county clerk and a certified copy is presented to a party with custody of assets the affidavit shall be honored and have the same effects as provided for in subsections (a), (b) and (d) of this section and W.S. 2-1-202. The county clerk of the county in which any vehicle is registered shall transfer title of the vehicle from the decedent to the distributee or distributees upon presentation of an affidavit as provided in subsection (a) of this section.

 

(d) Upon presentation of an affidavit as provided in subsections (a) and (c) of this section, any bank, savings and loan institution, credit union or any other like depository shall pay any deposit in the sole name of the decedent, together with the interest and dividends thereon, to the distributee or distributees. A receipt for the payment by the distributee paid is a valid and sufficient release and discharge for the payment made.

 

2-1-202. Effect; refusal to pay, deliver.

 

The person paying, delivering, transferring or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if he dealt with a personal representative of the decedent. He is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit. If any person to whom an affidavit is delivered refuses to pay, deliver, transfer or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer or issuance compelled upon proof of right in an action by or on behalf of the persons entitled thereto. Any person to whom payment, delivery, transfer or issuance is made is answerable and accountable to a personal representative of the estate or to any other person having a superior right.

 

2-1-203. Deposits by minors or persons under a disability; joint and trust deposits; pay-on-death accounts.

 

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

 

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

 

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

 

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

 

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

 

(ii) "P.O.D. payee" means a person designated on a P.O.D. account as one to whom the account is payable on request after the death of all original payees.

 

2-1-204. Collection of claims of certain creditors of decedent by affidavit.

 

(a) Not earlier than ninety (90) days after the death of a decedent, the United States, or any agency or instrumentality thereof, or the state of Wyoming, or any agency, instrumentality or political subdivision thereof, to whom the decedent was indebted or to whom the decedent's estate would be indebted if the estate were being administered upon, may collect all of the assets of the decedent referred to in W.S. 2-1-201, upon presentation of an affidavit to the parties referred to in W.S. 2-1-201, stating:

 

(i) The value of the entire estate, wherever located, less liens and encumbrances, does not exceed one hundred fifty thousand dollars ($150,000.00);

 

(ii) Ninety (90) days have elapsed since the death of the decedent;

 

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

 

(iv) To the best knowledge of the affiant, no affidavit pursuant to W.S. 2-1-201, in connection with the decedent, has been presented to any party referred to in W.S. 2-1-201;

 

(v) The facts concerning the creditor's claim being made by the party on behalf of whom the affidavit is presented, the total amount of the claim, and any payments received thereon from any source whatsoever; and

 

(vi) That by presentation of the affidavit the party on behalf of whom the affidavit is presented:

 

(A) Waives any immunities from suit or levy of execution it might otherwise have;

 

(B) Agrees to indemnify and hold harmless from all claims whatsoever any party delivering assets on the basis of such affidavit, to the extent of the full value of the assets so delivered; and

 

(C) Is answerable and accountable to a personal representative of the estate, if appointed, or to any other person or party having a superior right.

 

(b) When filed with the county clerk and a certified copy thereof is presented to a party with custody of assets, the affidavit shall be honored and shall have the effects as provided for in W.S. 2-1-201(b), (c) and (d) and 2-1-202.

 

(c) If the total assets collected by a creditor designated in this section, by virtue of the affidavit or affidavits, exceed the net balance of the creditor's claim, then the creditor shall:

 

(i) Pay the overplus to any other creditor who proceeds properly under this section or, if there is no such creditor;

 

(ii) Pay the overplus to the distributees named in an affidavit prepared and presented pursuant to W.S. 2-1-201, or, if none such be presented;

 

(iii) Obtain an order from the probate court which would have jurisdiction were the estate being administered upon, designating itself the agent pursuant to W.S. 2-15-101, and thereupon proceed as provided in Chapter 15 of the Wyoming Probate Code.

 

2-1-205. Summary procedure for distribution of real property; application for decree; notice by publication; presumptive evidence of title; effect of false statements.

 

(a) If any person dies who is the owner of real property, including mineral interests, but whose entire estate including personal property does not exceed one hundred fifty thousand dollars ($150,000.00), the person or persons claiming to be the distributees of the decedent may file, not earlier than thirty (30) days after the decedent's death, an application for a decree in the district court of the county where the property is situated.

 

(b) The application shall be sworn to and signed by each person claiming and shall state the facts required by W.S. 2-1-201(a)(i) through (iv). The application shall also fully describe any real property being claimed. The application shall have attached thereto a sworn report of appraisal, made by a person who has no legal interest in the estate, showing the value on the date of the decedent's death of all interests owned by the decedent in real property, including mineral interests.

 

(c) After publication of the notice of application once a week for two (2) consecutive weeks in a newspaper of general circulation in the county, or otherwise as the court may order, the court shall consider the application. If the decedent received medical assistance pursuant to W.S. 42-4-101 through 42-4-114, the state department of health shall be provided a copy of the application for a decree within five (5) days of its filing. If it appears that the facts stated in the application are not in dispute, the court shall enter a decree establishing the right and title to the property. A certified copy of the decree shall be recorded in the office of the county clerk and thereafter the decree and the record thereof shall be presumptive evidence of title to the property.

 

(d) In the event that the decree is entered as the result of a petition containing false statements, title to the property which passes as a result of the decree shall not be affected but the person or persons signing and swearing to the application shall be subject to the appropriate penalties for perjury.

 

(e) The procedure provided by this section may be used in addition to the affidavit procedure provided by W.S. 2-1-201, or in the alternative, if the person or persons claim both real property and personal property.

 

ARTICLE 3 - DEFINITIONS

 

2-1-301. Generally.

 

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

 

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

 

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

 

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

 

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

 

(v) "Child" includes an adopted child but does not include a grandchild or other more remote descendent, nor, except as provided in Chapter 4, an illegitimate child;

 

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

 

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

 

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

 

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

 

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

 

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

 

(xii) "Devisee" includes legatee;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(xxvii) "Person" includes natural persons and corporations;

 

(xxviii) "Personal representative" includes executor and administrator;

 

(xxix) "Property" includes both real and personal property;

 

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

 

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

 

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

 

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

 

(xxxiv) "Will" includes a codicil, a testamentary instrument that merely appoints an executor, or a testamentary instrument that merely revokes or revives another will.

 

ARTICLE 4 - DISCLAIMERS

 

2-1-401. Right to disclaim.

 

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

 

(b) Except to the extent a fiduciary's right to disclaim is expressly restricted or limited by another statute of this state or by the instrument creating the fiduciary relationship, a fiduciary may disclaim any interest in property which without a disclaimer he would receive by gift, bequest, devise, inheritance, beneficiary designation, the exercise of a power of appointment or would pass by right of survivorship, whether acting in a personal or representative capacity. A fiduciary acting under a power of attorney shall have the right to disclaim an interest in property if expressly authorized to disclaim the interest under the terms of the instrument creating the power of attorney.

 

2-1-402. Definitions.

 

(a) As used in Article 4:

 

(i) "Any interest in property" includes, but is not limited to an undivided portion of an interest and a power with respect to property;

 

(ii) "Disclaimer" means an irrevocable and unqualified refusal by a person to accept an interest in property;

 

(iii) "Fiduciary" means a personal representative, trustee, agent acting under a power of attorney or other person authorized to act as a fiduciary with respect to the property of another person.

 

2-1-403. Qualification; effective date.

 

(a) To qualify as a disclaimer:

 

(i) There shall be a written irrevocable and unqualified refusal by the disclaimant to accept an interest in property; and

 

(ii) The writing shall be received by the transferor of the interest, his legal representative or the holder of the legal title to the property to which the interest relates within nine (9) months after the later of:

 

(A) The day on which the transfer creating the interest in the person is made; or

 

(B) The day on which the person attains age twenty-one (21); and

 

(iii) The disclaimant has not accepted the interest or any of its benefits; and

 

(iv) As a result of a refusal under this subsection, the interest passes without any direction on the part of the person making the disclaimer and passes either:

 

(A) To the spouse of the decedent; or

 

(B) To a person other than the person making the disclaimer.

 

(b) A written transfer of the transferor's entire interest in the property shall be treated as a qualified disclaimer if the written transfer:

 

(i) Meets requirements similar to the requirements of paragraphs (a)(ii) and (iii) of this section; and

 

(ii) Is to a person who would have received the property if the transferor had made a qualified disclaimer within the meaning of subsection (a) of this section.

 

(c) Nothing in this section shall be construed to prevent the disclaimant from benefits as an income beneficiary of any trust established by the transferor's will.

 

2-1-404. Disposition of disclaimed interest.

 

(a) Unless otherwise expressly provided in the deed of gift or will:

 

(i) The interest disclaimed reverts to the transferor if he is living on the date of disclaimer; or

 

(ii) The interest disclaimed passes under the residuary clause of transferor's will if he died prior to the disclaimer. If the disclaimant is a residuary beneficiary under the will the interest disclaimed passes as though the disclaimant did not survive the transferor.

 

(b) If the transferor died intestate prior to the disclaimer, the interest disclaimed passes under the laws of descent and distribution as though the disclaimant did not survive the transferor.

 

(c) If the interest disclaimed would have passed by right of survivorship, the interest shall pass as though the disclaimant was not a survivor.

 

2-1-405. Disclaimer on behalf of person under disability.

 

A duly appointed, qualified and acting guardian of the property of an incompetent or a person under the age of twenty-one (21) years may make a disclaimer on behalf of his ward, upon a showing satisfactory to the court having jurisdiction over the guardianship that the disclaimer is in the best interests of the ward. A guardian of the property may be appointed by the court for the sole purpose of filing with the court an application for approval of a disclaimer.