2014 Wyoming Statutes
TITLE 2 - WILLS, DECEDENTS' ESTATES AND PROBATE CODE
CHAPTER 1 - GENERAL PROVISIONS
ARTICLE 2 - DISTRIBUTION BY AFFIDAVIT AND SUMMARY PROCEDURE
2-1-201. Payment of indebtedness and delivery of tangible personal property or instruments evidencing debt.
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, located in Wyoming or otherwise subject to probate administration in this state, less liens and encumbrances, does not exceed two hundred thousand dollars ($200,000.00);
(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 in this state; 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.
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