2010 Wyoming Statutes
Title 2 - Wills, Decedents' Estates And Probate Code
Chapter 2 - Probate Court

CHAPTER 2 - PROBATE COURT

 

ARTICLE 1 - IN GENERAL

 

2-2-101. Exclusive jurisdiction conferred on district courts.

 

The district courts of the state have exclusive original jurisdiction of all matters relating to the probate and contest of wills and testaments, the granting of letters testamentary and of administration, and the settlement and distribution of decedents' estates. The court granting the letters has exclusive jurisdiction of all matters touching the settlement and distribution of the estates for which letters have been granted. The jurisdiction over subject matter of the district court sitting in probate, sometimes referred to in this Title 2 as the "probate court", is coextensive with the jurisdiction over subject matter of the district court in any civil action. A decree of distribution entered by the district court in probate, pursuant to W.S. 2-7-807 or 2-7-813, shall be a final determination of title as to assets described therein, as to all distributees served with notice, or who have waived notice, of the hearing provided for in W.S. 2-7-807 or 2-7-811, as the case may be. As to all other parties, an action may be brought and maintained at any time prior to the entry of final decree of distribution under W.S. 2-7-813, by or against the personal representative in the district court, sitting in probate, seeking any legal or equitable remedy as to any interest in property, real or personal, in which the estate asserts or claims any interest. In addition, all causes cognizable in the district court in any civil action may be brought and maintained, at any time prior to the entry of final decree of distribution under W.S. 2-7-813, by or against a personal representative in the district court sitting in probate which granted the letters to the personal representative.

 

2-2-102. Venue generally.

 

(a) Wills shall be proved and letters testamentary or of administration granted:

 

(i) In the county of which the decedent was a resident at the time of his death, regardless of where he may have died;

 

(ii) In the county in which the decedent died, leaving estate therein, if the decedent was not a resident of the state at the time of his death;

 

(iii) In the county in which any part of the estate may be, if the decedent died out of the state and was not resident thereof at the time of his death;

 

(iv) In the county in which any part of the estate may be, if the decedent was not a resident of the state and did not leave estate in the county in which he died;

 

(v) In all other cases, in the county in which the decedent died, and application for letters is made.

 

2-2-103. Jurisdiction of estate of nonresident.

 

When the estate of the decedent is in more than one (1) county, the decedent having died out of the state and not being a resident thereof at the time of his death, or being a nonresident and dying within the state but not leaving estate in the county where he died, the district court of that county in which application is first made for letters testamentary or of administration has exclusive jurisdiction of the settlement of the estate.

 

2-2-104. Court open in vacation period.

 

For the purpose of granting probate of wills, issuing letters testamentary and of administration, filing reports, accounts and petitions of personal representatives, filing claims against the estate and issuing process and notices required by the Probate Code, the court shall be kept open in the vacation period, and the business pertaining thereto done by the court commissioner and the clerk, shall be subject to the supervision of the court at the next ensuing term.

 

2-2-105. Orders in vacation to be written, filed and recorded.

 

The judges of the district courts within their respective jurisdictions and the court commissioners within the counties in which they are appointed, may make orders in vacation for the sale of personal property at public or private vendue, for the compounding of debts, for the settlement of an estate as insolvent, for the approval of bonds and all other orders of an ex parte nature as may facilitate the settlement of estates. The orders shall be in writing, signed by the judge or commissioner issuing the same, and shall be filed and recorded as a vacation entry in the proper record.

 

2-2-106. Powers and duties of court commissioners; generally.

 

The court commissioner of each district court shall, upon the order of the court in vacation, or upon a general order made for that purpose, examine the bonds filed by the personal representatives, with a view to ascertaining their sufficiency, and may approve the same. He may examine any inventory, sale bill, account current, except final accounts and vouchers filed therewith, or examine into the condition of an estate generally.

 

2-2-107. Powers and duties of court commissioners; compelling attendance of witnesses; process.

 

In order to make such examination, the court commissioner is entitled to process to compel the personal representative and other witnesses to appear and testify before him on the hearing, and for the production of books, papers, monies or other things pertinent to the matter to be heard.

 

2-2-108. Powers and duties of court commissioners; compelling attendance of witnesses; failure to appear or testify.

 

Any person refusing to appear or testify in vacation, may be cited for contempt and held to bail to answer to the alleged contempt at the next term of court. The commissioner shall report his findings upon the matter in writing, to the court for its action. Exception may be filed to the report which shall be heard and determined as in other cases.

 

2-2-109. Authority of other judges to act when district judge sick.

 

Whenever any judge of the district court is absent from the state, sick or otherwise unable to attend to the duties of his office, any other district judge may, upon application, examine into all matters, make all orders, and direct the affairs of the administration of estates that are required to be performed by judges in vacation, and shall have the same powers as the original judge would have.

 

2-2-110. When judge disqualified; exception.

 

When the judge before whom probate matters are brought is interested as next of kin to the decedent, or as the legatee or devisee under the will, or has any other interest in the outcome of, or concerning the matters brought before him, he shall call in some other district judge to hear and determine all such matters. Being a witness to a will does not itself disqualify a district judge, after the will has been probated, from hearing any matters concerning the will or the estate being probated except matters relating to the admission of the will to probate and contests thereon, and the granting of letters testamentary or of administration thereunder.

 

2-2-111. Presumption after ten years notices properly given.

 

In any estate, wherein a decree of final settlement and distribution is or has been entered by any court of this state it shall, after ten (10) years from the date of the decree, be conclusively presumed that all notices required by law have been made and for the times and in the manner required by law.

 

ARTICLE 2 - CLERK

 

2-2-201. Records required to be kept; probate docket; reports to be made by commissioner.

 

(a) The clerk of district court in each county shall keep a book for the recording of wills and probate containing:

 

(i) Proceedings of the guardianship of infants and incompetent persons;

 

(ii) All letters testamentary and of administration;

 

(iii) All inventories and records of sales of personal estate;

 

(iv) A general entry, claim and allowance docket.

 

(b) A separate set of books shall be kept for each decedent's estate recording all proceedings concerning the probate of each will, and showing the entry of the inventory appraisement and all claims allowed, including costs of the final distribution of the estate, and showing the final settlement of the estate.

 

(c) The clerk of court shall prepare for the use of the court at each term a probate docket containing:

 

(i) All appointments made in vacation;

 

(ii) All pending petitions for the sale of real estate, including the parties thereto;

 

(iii) All pending petitions for the release of sureties;

 

(iv) All pending petitions for the removal of personal representatives.

 

(d) The court commissioner is bound to furnish:

 

(i) The record of all reports and accounts filed in vacation;

 

(ii) All claims against the estate pending for trial at each term of court;

 

(iii) All delinquencies of personal representatives to discharge any duty in the manner or within the time required by law or order of the court.

 

2-2-202. Preparation and contents of probate docket; distribution of copies; call of docket.

 

(a) Not less than ten (10) days before the first day of the term of the district court the clerk of the district court in each county of the state shall make a docket of all estates of deceased persons pending in his county which shall include:

 

(i) Title of the estate;

 

(ii) Date of letters testamentary or letters of administration;

 

(iii) Name or names of the executors or administrators; and

 

(iv) The names of the attorneys of record.

 

(b) As soon as the docket is made, one (1) copy shall be furnished to the judge of the district court of his county and one (1) copy shall be furnished upon request to each attorney of record in the estates.

 

(c) The judge of the district court in each county shall, upon the call of the docket after the first day of a regular term of court, read the probate docket in open court and shall make an order in each estate as he deems necessary to expedite the progress and closing thereof.

 

2-2-203. Authority to approve bonds.

 

All bonds required by this act may be approved by the clerk of the district court wherein they are required to be filed.

 

ARTICLE 3 - PROCEDURE

 

2-2-301. Contents of orders and decrees; recording.

 

Orders and decrees of the court in probate proceedings need not recite the existence of facts or the performance of acts upon which the jurisdiction of the court or judge may depend, but need only contain the matters ordered or adjudged, except as otherwise provided in this chapter. All orders, judgments and decrees of the court shall be entered at length in the proper journal of the court. When a judgment or decree is made setting apart a homestead, confirming a sale, making a distribution of real property, or determining any other matter affecting the title to real property, a certified copy shall be recorded in the office of the county clerk of the county in which the property is situated.

 

2-2-302. Notice imparted from date of recording.

 

When it is provided in this chapter that any order or decree of the court shall be recorded in the office of the county clerk, notice is imparted to all persons from the time of recording.

 

2-2-303. Citations; requirements generally; contents.

 

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

 

(i) The title of the proceeding;

 

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

 

(iii) A direction that the person cited appear at a time and place specified.

 

2-2-304. Citations; issuance.

 

The citation may be issued by the clerk upon the application of any party, without an order of the judge or commissioner, except in cases in which an order is expressly required by the provisions of this chapter.

 

2-2-305. Citations; service.

 

The citation shall be served in the same manner as a summons in a civil action.

 

2-2-306. Citations; used to give personal notice.

 

When a personal notice is required, and no mode of giving it is prescribed in this chapter, it shall be given by citation.

 

2-2-307. Citations; when to be served.

 

When no other time is specially prescribed in this chapter, citations shall be served at least five (5) days before the return day thereof.

 

2-2-308. Provisions of Rules of Civil Procedure applicable; parties.

 

Except as otherwise provided in the Probate Code, the provisions of the Wyoming Rules of Civil Procedure are applicable to and constitute the rules of practice for all proceedings, new trials or appeals. In all proceedings the party affirming is contestant and the one denying or avoiding is contestee.

 

2-2-309. Trial by court or jury.

 

If no jury is demanded, the court shall try the issues joined. If, on written demand, a jury is called for by either party in a matter triable under W.S. 2-2-308, one shall be had as in other civil cases.

 

2-2-310. Appointment of attorney for minors or nonresidents; compensation; failure to appoint of no effect.

 

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

 

2-2-311. Payment of costs.

 

When it is not otherwise prescribed in this chapter, the district court, or the supreme court on appeal, may order costs to be paid by any party to the proceedings, or out of the assets of the estate. Execution for the costs may issue out of the court.

 

2-2-312. Service of process on guardian; right of guardian to waive.

 

Whenever an infant or incompetent person has a guardian of his estate residing in this state, personal service upon the guardian of any process, notice or order of the court concerning the estate of a deceased person in which the ward is interested is equivalent to service upon the ward, and it is the duty of the guardian to attend to the interests of the ward in the matter. The guardian may also appear for his ward and waive any process, notice or order to show cause which an adult or a person of sound mind might waive.

 

ARTICLE 4 - FEES

 

2-2-401. Schedule; additional charges.

 

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

 

(i) Original filing fee----------------------- $50.00

 

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

 

(A) Value five thousand dollars ($5,000.00) to ten thousand dollars ($10,000.00)---------------------------------- $5.00

 

(B) Each additional ten thousand dollars ($10,000.00) of value or portion thereof--------------------------------------- $5.00

 

(iii) In addition to the original filing fee under paragraph (a)(i) of this subsection, a court automation fee in the amount of ten dollars ($10.00) which shall be deposited into the judicial systems automation account established by W.S. 5-2-120;

 

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

 

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

 

(c) Additional fees or charges may be assessed for particular matters as ordered by the court.

 

2-2-402. Responsibility of clerk for collection; distribution.

 

The clerk of the district court of each county is responsible upon his bond for the collection or payment of any fees in probate matters which are to be collected by him or when the court orders fees to be paid to the clerk for fees not specially provided for in W.S. 2-2-401. All of the fees shall be paid to the county treasurer at the end of each month.

 

2-2-403. Allowance where not specially provided.

 

When there are no fees specially provided for the performance of any duty under the Probate Code, reasonable fees may be ordered and allowed as the court may deem best.

 

2-2-404. Payment of court commissioner.

 

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

 

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

 

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

 

(iii) For all other services he shall receive the same fees which clerks of courts receive for similar services.