2019 Wyoming Statutes
Title 2 - Wills, Decedents' Estates and Probate Code
Chapter 10 - Tax Apportionment
Section 2-10-105 - Withholding Upon Distribution of Estate; Right to Recover Deficiency; Security Required if Distribution Made Prior to Final Apportionment.
2-10-105. Withholding upon distribution of estate; right to recover deficiency; security required if distribution made prior to final apportionment.
(a) The fiduciary or other person in possession of the property of the decedent required to pay the tax may withhold from any property distributable to any person interested in the estate, upon his distribution to him, the amount of tax attributable to his interest. If the property in possession of the fiduciary or other person required to pay the tax and distributable to any person interested in the estate is insufficient to satisfy the proportionate amount of the tax determined to be due from the person, the fiduciary or other person required to pay the tax may recover the deficiency from the person interested in the estate. If the property is not in the possession of the fiduciary or other person required to pay the tax, the fiduciary or the other person required to pay the tax may recover from any person interested in the estate the amount of the tax apportioned to the person in accordance with this act.
(b) If property held by the fiduciary is distributed prior to final apportionment of the tax, the distributee shall provide a bond or other security for the apportionment liability in the form and amount prescribed by the fiduciary, with the approval of the probate court having jurisdiction of the administration of the estate.
