Chapter 1 - General Provisions - Wyoming Statutes

CHAPTER 1 - GENERAL PROVISIONS

 

ARTICLE 1 - CITATION AND CONSTRUCTION

 

2-1-101. Short title.

 

Thisact may be cited as the "Wyoming Probate Code".

 

2-1-102. Rules of construction and applicability.

 

(a) This code shall be liberally construedand applied, to promote the following purposes and policies to:

 

(i) Simplify and clarify the law concerning the affairs ofdecedents, missing persons, protected persons, minors and incapacitatedpersons;

 

(ii) Discover and make effective the intent of a decedent indistribution of his property;

 

(iii) Promote a speedy and efficient system for liquidating theestate of the decedent and making distribution to his successors;

 

(iv) Facilitate use and enforcement of certain trusts.

 

(b) Unless displaced by the particular provisions of this code,the principles of law and equity supplement the code provisions.

 

(c) This code is a general act intended as a unified coverageof its subject matter and no part of it shall be deemed impliedly repealed bysubsequent legislation if it can reasonably be avoided.

 

(d) The procedure herein prescribed shall govern allproceedings in probate brought after the effective date of this code. It shallalso govern further procedure in proceedings in probate then pending unless thecourt determines its application in particular proceedings or parts thereof isnot feasible or will work an injustice, in which event the former procedure shallapply.

 

ARTICLE 2 - DISTRIBUTION BY AFFIDAVIT AND SUMMARY PROCEDURE

 

2-1-201. Payment of indebtedness and delivery of tangible personalproperty or instruments evidencing debt.

 

(a) Not earlier than thirty (30) days after the death of adecedent, any person indebted to the decedent or having possession of tangiblepersonal property or an instrument evidencing a debt, obligation, stock orchose in action belonging to the decedent shall make payment of theindebtedness or deliver the tangible personal property or the instrumentevidencing the debt, obligation, stock or chose in action to the person orpersons claiming to be the distributees of the property, upon being presentedan affidavit, filed as provided by subsection (c) of this section, made by oron behalf of the distributee stating:

 

(i) The value of the entire estate, wherever located, lessliens and encumbrances, does not exceed one hundred fifty thousand dollars($150,000.00);

 

(ii) Thirty (30) days have elapsed since the death of the decedent;

 

(iii) No application for appointment of a personal representativeis pending or has been granted in any jurisdiction; and

 

(iv) The claiming distributees are entitled to payment ordelivery of the property; the facts concerning the distributees' relationshipto the decedent, and there are no other distributees of the decedent having aright to succeed to the property under probate proceedings.

 

(b) The transfer agent for any security shall change theregistered ownership on the books of a corporation from the decedent to thedistributee or distributees upon presentation of an affidavit as provided insubsections (a) and (c) of this section.

 

(c) When filed with the county clerk and a certified copy ispresented to a party with custody of assets the affidavit shall be honored andhave the same effects as provided for in subsections (a), (b) and (d) of thissection and W.S. 2-1-202. The county clerk of the county in which any vehicleis registered shall transfer title of the vehicle from the decedent to thedistributee or distributees upon presentation of an affidavit as provided insubsection (a) of this section.

 

(d) Upon presentation of an affidavit as provided insubsections (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 solename of the decedent, together with the interest and dividends thereon, to thedistributee or distributees. A receipt for the payment by the distributee paidis a valid and sufficient release and discharge for the payment made.

 

2-1-202. Effect; refusal to pay, deliver.

 

Theperson paying, delivering, transferring or issuing personal property or theevidence thereof pursuant to affidavit is discharged and released to the sameextent as if he dealt with a personal representative of the decedent. He is notrequired to see to the application of the personal property or evidence thereofor to inquire into the truth of any statement in the affidavit. If any personto whom an affidavit is delivered refuses to pay, deliver, transfer or issueany personal property or evidence thereof, it may be recovered or its payment,delivery, transfer or issuance compelled upon proof of right in an action by oron behalf of the persons entitled thereto. Any person to whom payment,delivery, transfer or issuance is made is answerable and accountable to apersonal representative of the estate or to any other person having a superiorright.

 

2-1-203. Deposits by minors or persons under a disability; joint andtrust deposits; pay-on-death accounts.

 

(a) Deposits by minors or other persons under a legaldisability may be paid on the order of the depositor and the payments arelegally valid.

 

(b) Any portion of a deposit by two (2) or more persons payableto either or any depositor, or to the survivor of the depositors, and interestor dividends thereon, may be paid in accordance with the contract of deposit.The receipt of the payment by the person paid is a valid and sufficient releaseand discharge to the financial institution for any payment made.

 

(c) Any portion of a deposit by any person in trust for anotherand interest or dividends thereon, in the absence of other written notice tothe financial institution of the existence and terms of a legal and validtrust, may be paid to the persons for whom the deposit was made in the event ofdeath of the depositor.

 

(d) Any payable on death (P.O.D.) account may be paid, onrequest, to any original party to the account. Payment may be made, on request,to the P.O.D. payee or in equal proportions to multiple P.O.D. payees uponpresentation to the financial institution of proof of death showing that theP.O.D. payee or payees survived all persons named as original payees. Paymentmay be made to the personal representative or heirs of a deceased originalpayee if proof of death is presented to the financial institution showing thathis decedent was the survivor of all other persons named on the account eitheras an original payee or as P.O.D. payee. The receipt of the payment by theperson paid is a valid and sufficient release and discharge to the financialinstitution for any payment made. A person named as a payee in a P.O.D. accounthas no enforceable rights therein during the lifetime of the person or personscreating the account. As used in this subsection:

 

(i) "P.O.D. account" means an account payable onrequest to one (1) person during his lifetime and on his death to one (1) ormore P.O.D. payees, or to one (1) or more persons during their lifetimes and onthe death of all of them to one (1) or more P.O.D. payees;

 

(ii) "P.O.D. payee" means a person designated on aP.O.D. account as one to whom the account is payable on request after the deathof all original payees.

 

2-1-204. Collection of claims of certain creditors of decedent byaffidavit.

 

(a) Not earlier than ninety (90) days after the death of adecedent, the United States, or any agency or instrumentality thereof, or thestate of Wyoming, or any agency, instrumentality or political subdivisionthereof, to whom the decedent was indebted or to whom the decedent's estatewould be indebted if the estate were being administered upon, may collect allof the assets of the decedent referred to in W.S. 2-1-201, upon presentation ofan affidavit to the parties referred to in W.S. 2-1-201, stating:

 

(i) The value of the entire estate, wherever located, lessliens and encumbrances, does not exceed one hundred fifty thousand dollars($150,000.00);

 

(ii) Ninety (90) days have elapsed since the death of thedecedent;

 

(iii) No application for appointment of a personal representativeis pending or has been granted in any jurisdiction;

 

(iv) To the best knowledge of the affiant, no affidavit pursuantto W.S. 2-1-201, in connection with the decedent, has been presented to anyparty referred to in W.S. 2-1-201;

 

(v) The facts concerning the creditor's claim being made by theparty on behalf of whom the affidavit is presented, the total amount of theclaim, and any payments received thereon from any source whatsoever; and

 

(vi) That by presentation of the affidavit the party on behalfof whom the affidavit is presented:

 

(A) Waives any immunities from suit or levy of execution itmight otherwise have;

 

(B) Agrees to indemnify and hold harmless from all claimswhatsoever any party delivering assets on the basis of such affidavit, to theextent of the full value of the assets so delivered; and

 

(C) Is answerable and accountable to a personal representativeof the estate, if appointed, or to any other person or party having a superiorright.

 

(b) When filed with the county clerk and a certified copythereof is presented to a party with custody of assets, the affidavit shall behonored 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 inthis section, by virtue of the affidavit or affidavits, exceed the net balanceof the creditor's claim, then the creditor shall:

 

(i) Pay the overplus to any other creditor who proceedsproperly under this section or, if there is no such creditor;

 

(ii) Pay the overplus to the distributees named in an affidavitprepared 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 havejurisdiction were the estate being administered upon, designating itself theagent pursuant to W.S. 2-15-101, and thereupon proceed as provided in Chapter15 of the Wyoming Probate Code.

 

2-1-205. Summary procedure for distribution of real property;application for decree; notice by publication; presumptive evidence of title;effect of false statements.

 

(a) If any person dies who is the owner of real property,including mineral interests, but whose entire estate including personalproperty does not exceed one hundred fifty thousand dollars ($150,000.00), theperson or persons claiming to be the distributees of the decedent may file, notearlier than thirty (30) days after the decedent's death, an application for adecree in the district court of the county where the property is situated.

 

(b) The application shall be sworn to and signed by each personclaiming and shall state the facts required by W.S. 2-1-201(a)(i) through (iv).The application shall also fully describe any real property being claimed. Theapplication shall have attached thereto a sworn report of appraisal, made by aperson who has no legal interest in the estate, showing the value on the dateof the decedent's death of all interests owned by the decedent in realproperty, including mineral interests.

 

(c) After publication of the notice of application once a weekfor two (2) consecutive weeks in a newspaper of general circulation in thecounty, or otherwise as the court may order, the court shall consider theapplication. If the decedent received medical assistance pursuant to W.S.42-4-101 through 42-4-114, the state department of health shall be provided acopy of the application for a decree within five (5) days of its filing. If itappears that the facts stated in the application are not in dispute, the courtshall enter a decree establishing the right and title to the property. Acertified copy of the decree shall be recorded in the office of the countyclerk and thereafter the decree and the record thereof shall be presumptiveevidence of title to the property.

 

(d) In the event that the decree is entered as the result of apetition containing false statements, title to the property which passes as aresult of the decree shall not be affected but the person or persons signingand swearing to the application shall be subject to the appropriate penaltiesfor perjury.

 

(e) The procedure provided by this section may be used inaddition to the affidavit procedure provided by W.S. 2-1-201, or in the alternative,if the person or persons claim both real property and personal property.

 

ARTICLE 3 - DEFINITIONS

 

2-1-301. Generally.

 

(a) When used in this code, unless otherwise required by thecontext, the following words and phrases shall be construed as follows:

 

(i) "Administrator" means any person appointed by thecourt to administer an intestate estate;

 

(ii) "Bequeath" includes the word "devise"when used as a verb;

 

(iii) "Bequest" includes the word "devise"when used as a noun;

 

(iv) "Charges" include costs of administration,funeral expenses, cost of monument and federal and state estate taxes;

 

(v) "Child" includes an adopted child but does notinclude a grandchild or other more remote descendent, nor, except as providedin Chapter 4, an illegitimate child;

 

(vi) "Clerk" means clerk of the district court in thecounty in which the matter is pending and includes the term clerk of theprobate court;

 

(vii) "Conservator" means a person appointed by thecourt to have the custody and control of the property of a ward under theprovisions of this code;

 

(viii) "Costs of administration" include court costs,fiduciary's fees, attorney fees, all appraisers' fees, premiums on corporatesurety bonds, cost of continuation of abstracts of title, recording fees,transfer fees, agents' fees allowed by order of court, and all other fees andexpenses allowed by order of court in connection with the administration of theestate;

 

(ix) "Debts" include liabilities of the decedent whichsurvive, whether arising in contract, tort or otherwise;

 

(x) "Devise" when used as a noun, means thetestamentary disposition of property, both real and personal;

 

(xi) "Devise" when used as a verb, means to dispose ofproperty, both real and personal, by a will;

 

(xii) "Devisee" includes legatee;

 

(xiii) "Distributee" means a person entitled to anyproperty of the decedent under his will or under the statutes of intestatesuccession;

 

(xiv) "Estate" means the real and personal property ofa decedent, a ward or a trust, as from time to time changed in form by sale,reinvestment or otherwise, and augmented by any accretions, additions orsubstitutions, or diminished by any decreases and distributions therefrom;

 

(xv) "Executor" means any person appointed by thecourt to administer the estate of a testate decedent;

 

(xvi) "Fiduciary" means a personal representative,executor, administrator, guardian, conservator or trustee;

 

(xvii) "Full age" means the state of legal majorityhaving attained the age of eighteen (18) years;

 

(xviii) "Guardian" means the person appointed by thecourt to have custody of the person of the ward under the provisions of thiscode;

 

(xix) "Guardian of the property" means"conservator" and may be used at the election of the person appointedby the court to have the custody and care of the property of a ward;

 

(xx) "Heir" means any person except the survivingspouse, who is entitled to property of a decedent under the statutes ofintestate succession;

 

(xxi) "Incompetent" includes any person who has beenadjudicated by a court to be incapable of managing his property, or caring forhis own person, or both;

 

(xxii) "Issue" for the purposes of intestate succession,includes all lawful lineal descendents of a person, whether natural or adopted,except those who are the lineal descendents of his living descendents;

 

(xxiii) "Legacy" means a testamentary disposition ofpersonal property;

 

(xxiv) "Legatee" means a person entitled to personalproperty under a will;

 

(xxv) "Letters" include letters testamentary, lettersof administration, letters of guardianship, letters of conservatorship andletters of trusteeship;

 

(xxvi) "Minor" means a person who has not attained theage of eighteen (18) years;

 

(xxvii) "Person" includes natural persons andcorporations;

 

(xxviii) "Personal representative" includes executor andadministrator;

 

(xxix) "Property" includes both real and personalproperty;

 

(xxx) "Surviving spouse" means the surviving wife orhusband, as the case may be;

 

(xxxi) "Temporary administrator" means any personappointed by the court to care for an estate pending the probating of aproposed will, or to handle any special matters designated by the court;

 

(xxxii) "Trustee" means any person appointed as trustee bythe instrument creating the trust, or any person appointed by the court toadminister the trust;

 

(xxxiii) "Trusts" include only testamentary trusts;express trusts where jurisdiction is specifically conferred on the court by thetrust instrument; express trusts where the jurisdiction of the court is invokedby the trustee, beneficiary or any interested party; and trusts which areestablished by a judgment or a decree of court which results in administrationof the trust by the court;

 

(xxxiv) "Will" includes a codicil, a testamentaryinstrument that merely appoints an executor, or a testamentary instrument thatmerely revokes or revives another will.

 

ARTICLE 4 - DISCLAIMERS

 

2-1-401. Right to disclaim.

 

(a) Any person may disclaim any interest in property whichwithout a disclaimer he would receive by gift, bequest, devise, inheritance,beneficiary designation, the exercise of a power of appointment or would passby right of survivorship.

 

(b) Except to the extent a fiduciary's right to disclaim isexpressly restricted or limited by another statute of this state or by theinstrument creating the fiduciary relationship, a fiduciary may disclaim anyinterest in property which without a disclaimer he would receive by gift,bequest, devise, inheritance, beneficiary designation, the exercise of a powerof appointment or would pass by right of survivorship, whether acting in apersonal or representative capacity. A fiduciary acting under a power ofattorney shall have the right to disclaim an interest in property if expresslyauthorized to disclaim the interest under the terms of the instrument creatingthe power of attorney.

 

2-1-402. Definitions.

 

(a) As used in Article 4:

 

(i) "Any interest in property" includes, but is notlimited to an undivided portion of an interest and a power with respect toproperty;

 

(ii) "Disclaimer" means an irrevocable and unqualifiedrefusal by a person to accept an interest in property;

 

(iii) "Fiduciary" means a personal representative,trustee, agent acting under a power of attorney or other person authorized toact as a fiduciary with respect to the property of another person.

 

2-1-403. Qualification; effective date.

 

(a) To qualify as a disclaimer:

 

(i) There shall be a written irrevocable and unqualified refusalby the disclaimant to accept an interest in property; and

 

(ii) The writing shall be received by the transferor of theinterest, his legal representative or the holder of the legal title to theproperty to which the interest relates within nine (9) months after the laterof:

 

(A) The day on which the transfer creating the interest in theperson is made; or

 

(B) The day on which the person attains age twenty-one (21);and

 

(iii) The disclaimant has not accepted the interest or any of itsbenefits; and

 

(iv) As a result of a refusal under this subsection, theinterest passes without any direction on the part of the person making thedisclaimer and passes either:

 

(A) To the spouse of the decedent; or

 

(B) To a person other than the person making the disclaimer.

 

(b) A written transfer of the transferor's entire interest inthe property shall be treated as a qualified disclaimer if the writtentransfer:

 

(i) Meets requirements similar to the requirements ofparagraphs (a)(ii) and (iii) of this section; and

 

(ii) Is to a person who would have received the property if thetransferor had made a qualified disclaimer within the meaning of subsection (a)of this section.

 

(c) Nothing in this section shall be construed to prevent thedisclaimant from benefits as an income beneficiary of any trust established bythe transferor's will.

 

2-1-404. Disposition of disclaimed interest.

 

(a) Unless otherwise expressly provided in the deed of gift orwill:

 

(i) The interest disclaimed reverts to the transferor if he isliving on the date of disclaimer; or

 

(ii) The interest disclaimed passes under the residuary clauseof transferor's will if he died prior to the disclaimer. If the disclaimant isa residuary beneficiary under the will the interest disclaimed passes as thoughthe disclaimant did not survive the transferor.

 

(b) If the transferor died intestate prior to the disclaimer,the interest disclaimed passes under the laws of descent and distribution asthough the disclaimant did not survive the transferor.

 

(c) If the interest disclaimed would have passed by right ofsurvivorship, the interest shall pass as though the disclaimant was not asurvivor.

 

2-1-405. Disclaimer on behalf of person under disability.

 

Aduly appointed, qualified and acting guardian of the property of an incompetentor a person under the age of twenty-one (21) years may make a disclaimer onbehalf of his ward, upon a showing satisfactory to the court havingjurisdiction over the guardianship that the disclaimer is in the best interestsof the ward. A guardian of the property may be appointed by the court for thesole purpose of filing with the court an application for approval of adisclaimer.