Wyoming Probate Court

Probate refers to the legal procedure for handling the assets and properties of a deceased person. Debts are paid, and property is transferred to heirs. While court probate rules can differ from state to state, the state of Wyoming uses a mostly simplified procedure and favors informal probate administration for uncontested estates. In addition, if an estate is considered a small estate, the state gives the option of using a simplified small-estate procedure based on the value of the estate.

How the Probate Process Works in Wyoming

In Wyoming, the probate procedure begins when an interested party files a petition with the District Court in the county where the decedent lived. The process typically includes:

1. Submit the petition accompanied by the last will and testament (if available).
2. The appointment of an executor or administrator by the court.
3. Notifying heirs and creditors via mail and newspaper publication.
4. Filing inventory and an appraisal of assets.
5. The payment of debts and taxes.
6. Distribution of assets according to the will or intestacy statutes if no will exists.

In cases where no contest arises over an estate, an informal probate is often appropriate although it requires fewer hearings. On the other hand, contested matters may undergo formal probate processes. Most Wyoming estates resolve within 6 to 12 months though disputes may increase the timeline of this lawsuit.

What Are the Costs of Probate in Wyoming?

The following is an overview of the cost of filing probate cases in Wyoming:

• Court filing fees: The basic filing fee is $160, although additional fees may apply based on the estate’s appraised value. Estates over $5,000 may incur incremental fees between $5 and $10 for every $10,000 in value.
• Publication costs: The cost of publishing credit notices falls between $50 and $200.
• Attorney fees: Fees are typically calculated either per hour or as a percentage of the transaction, often amounting to a few thousand dollars.
• Executor compensation: Executors are entitled to compensation under state law, but this may sometimes be waived.
• Additional expenses: In addition to mandatory court fees, an estate administration case may be subject to other costs such as property appraisals, certified document copies, and accounting-related services.

In addition to reducing administrative costs, simplified transfers for small estates typically eliminate several probate-related costs.

Types of Probate Cases in Wyoming

The following are the types of probate cases in Wyoming:

• Testate Probate - This refers to the legal process of settling an estate based on the terms of a valid will.
• Intestate Probate - When a person dies without a will, their assets are distributed according to Wyoming intestate succession laws.
• Informal Probate - It applies to uncontested cases and involves minimal court supervision.
• Formal Probate - They are initiated in cases involving contested wills, creditor disputes, or disagreement over the ownership of estates.
• Summary Distribution - For estates valued under $200,000, Wyoming law permits summary distribution via a simplified petition and affidavit.

Wyoming Probate Court Forms and Filing Instructions

Probate forms include petitions, inventories, and summary distribution affidavits, which are accessible from the Wyoming Judicial Branch website. Furthermore, the form is also available to individuals through the local District Court Clerk’s Office upon request. Although filing procedures may vary by county, applicants are required to confirm with the clerk’s office before proceeding.

How Wyoming Probate Courts Work at the County Level

Each of Wyoming’s 23 counties maintain a District Court with jurisdiction over probate matters. Although the probate process in each county is governed by Wyoming probate laws, local variations exist in procedures, filing fees, and record availability. Below are the ten most populous counties in Wyoming along with their probate functions:

• Laramie County (Cheyenne) - This location handles the highest number of probate filings in the state and provides assistance through its District Court Clerk.
• Natrona County (Casper) - It offers probate forms and docket access through the District Court.
• Campbell County (Gillette) - The Campbell County District Court supports simplified procedures for small estate and summary distribution.
• Sweetwater County (Green River/Rock Springs) - The District Court manages both formal and informal probate.
• Fremont County (Lander/Riverton) - The District Court supports small estate affidavits and summary distributions.
• Albany County (Laramie) - Probate cases are managed through the District Court Clerk’s office.
• Sheridan County (Sheridan) - It provides guidance for executors and administrators.
• Park County (Cody) - Its District Court Clerk facilitates access to probate records and forms.
• Teton County (Jackson) - It processes a large volume of high-value estates via its District Court. It also handles uncontested probate matters through informal probate.
• Lincoln County (Kemmerer) - The District Court oversees probate filings, and assistance is available to litigants through the clerk of court.

How to Search Probate Records in Wyoming

In Wyoming, probate records are considered public except in cases where the court mandates that they remain confidential. These records are accessible in any of the following ways:

• In-person requestsat the District Court Clerk’s Office in the appropriate county.
• Mail requests to obtain certified copies of wills, inventories, or final orders.

Probate records typically contain the names of the decedent and appointed executor or administrator. They also include the list of heirs and beneficiaries, asset inventories, creditor claims, as well as court orders regarding asset distribution. In addition, guardianship and confidential estate cases may be subject to limited access due to privacy concerns.