2021 Wyoming Statutes
Title 2 - Wills, Decedents' Estates and Probate Code
Chapter 1 - General Provisions
Article 2 - Distribution by Affidavit and Summary Procedure
Section 2-1-204 - Collection of Claims of Certain Creditors of Decedent by Affidavit.
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 two hundred thousand dollars ($200,000.00);
(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.