Chapter 11 - Foreign Wills - Wyoming Statutes

CHAPTER 11 - FOREIGN WILLS

 

ARTICLE 1 - IN GENERAL

 

2-11-101. Short title and construction.

 

W.S.2-11-101 through 2-11-105 may be cited as the "Uniform Foreign ProbateAct", and shall be so interpreted and construed as to effectuate its generalpurpose to make uniform the law of the states which enact it.

 

2-11-102. Where allowed and recorded.

 

Awill duly proved, allowed and admitted to probate outside of this state may beallowed and recorded in the proper court of any county in this state in whichthe testator shall have left any estate.

 

2-11-103. When to be filed.

 

Whena copy of the will and the probate thereof duly authenticated is presented bythe executor or by any other person interested in the will with a petition forprobate, the same shall be filed.

 

2-11-104. Admission to probate; effect.

 

Ifupon presentation it appears to the satisfaction of the court that the will hasbeen duly proved, allowed and admitted to probate outside of this state andthat it was executed according to the law of the place in which the same wasmade, or in which the testator was at the time domiciled, or in conformity withthe laws of this state, it shall be admitted to probate, which probate has thesame force and effect as the original probate of a domestic will.

 

2-11-105. Procedure when foreign law does not require probate; filing,recording and effect.

 

(a) When a duly authenticated copy of a will from any state orcountry where probate is not required by the laws of the state or country, witha duly authenticated certificate of the legal custodian of the original willthat the same is a true copy and that the will has become operative by the lawsof the state or country, and when a copy of a notarial will in possession of anotary in a foreign state or country entitled to the custody thereof (the lawsof which state or country require that the will remain in the custody of thenotary), duly authenticated by the notary, is presented by the executor orother persons interested to the proper court in this state, the court shalltake the proofs as may be appropriate.

 

(b) If it appears to the court that the instrument should beallowed in this state as the last will and testament of the deceased, the copyshall be filed and recorded and the will has the same effect as if originallyproved and allowed in the court.

 

ARTICLE 2 - ANCILLARY ADMINISTRATION

 

2-11-201. Probate of estates of nonresidents.

 

Incase of a nonresident's estate having property in this state not exceeding invalue the sum of one hundred fifty thousand dollars ($150,000.00), which estatehas been duly probated and settled in another state, the probate of the estatein this state may be dispensed with upon filing with the district judge in theproper county a petition under oath showing the facts in the case together withcertified copies of the petition, order of appointment of executor oradministrator, inventory and final decree of distribution of estate therein,and a full showing that debts of the estate have been paid and the districtjudge giving notice by publication for the period of three (3) weeks of theintention of the petitioner to have the probate proceedings admitted in thisstate as a probate of the estate. If on the day set for hearing the petition noobjection is made, the judge shall make an order admitting the certified copiesof the proceedings in the estate to record in his court and they shall beconsidered and treated from that time as original proceedings in his court andshall be conclusive evidence of the facts therein shown. If at such hearing anycreditor objects to the proceedings and shows that the decedent is indebted tohim, his claim not having been presented in the original state, the mattershall be postponed and the creditor or other person shall be allowed topetition for letters of administration as in other cases. This section shallnot be construed to prevent the courts of this state from appointing atemporary administrator in this state to collect and preserve the property ofthe estate of the deceased person which may be located in this state.

 

2-11-202. Nonresident property in Wyoming; disposition.

 

(a) In case of a nonresident's estate having property in thisstate not exceeding in value the sum of one hundred fifty thousand dollars ($150,000.00),which estate is being duly probated and settled in another state, the Wyomingdistrict judge may enter an order for the sale of the property located in thisstate provided:

 

(i) The petitioner files with the district judge in the propercounty a petition under oath showing the facts in the case together withcertified copies of the petition, order of appointment of executor oradministrator, notice to creditors showing that the time for filing claims hasexpired, and inventory of the Wyoming estate;

 

(ii) The petitioner files a certified copy of an orderauthorizing sale or other disposition of Wyoming property issued by the courthaving jurisdiction over the estate being probated in another state;

 

(iii) The district judge gives notice by publication for three(3) weeks of the intention of the petitioner to have the property located inthis state subject to sale or other disposition; and

 

(iv) If on the day set for hearing the petition no objection ismade, the judge shall make an order admitting the certified copies of theproceedings in the estate and the order authorizing sale or other dispositionof Wyoming property to record in his court and they shall be considered andtreated from that time as original proceedings in his court and shall beconclusive evidence of the facts therein shown.

 

(b) If on the day set for hearing the petition any creditorobjects to the sale or other disposition of the Wyoming property, his claim nothaving been presented in the original state, the matter shall be postponed andthe petition denied. This section shall not be construed to prevent the courtsof this state from appointing a temporary administrator in this state tocollect and preserve the property of the estate of the deceased person whichmay be located in this state.

 

ARTICLE 3 - FOREIGN PERSONAL REPRESENTATIVES

 

2-11-301. Naming of executors and trustees; generally; appointment ofagents for service; bond when executor sole legatee; applicability ofprovisions.

 

Thetestator may name in his will as executor or trustee any person or persons whoare residents and citizens of the United States, or any bank or trust companyorganized under the laws of this state or of the United States and doingbusiness in this state. When it appears to the court having jurisdiction thatany individual named as an executor or trustee in any will is not a resident ofthis state or that any bank or trust company named as executor or trustee isnot authorized to do business in this state, the court shall require the executoror trustee to designate a resident, bank or trust company of this state asagent or attorney upon whom any order, notice or process issued out of thecourts of this state may be served. Service on the agent or attorney has thesame effect as if served upon the nonresident executor or trustee in person. Ifany nonresident executor or trustee fails to appoint an agent or attorney, thecourt shall revoke his authority to act. When the person named as executor isalso the sole legatee, instead of the bond required by other provisions hereinof an executor, he may give a bond to the state in a sum and with sureties thecourt requires, conditioned only to pay within the time fixed by the court allthe debts of the testator which are filed or exhibited within the time fixed bythe notice to creditors. He shall return an inventory and appraisement as inother cases. Upon execution and approval of the bond, the filing of theinventory and appraisement and the publication of notice to creditors, theestate of the testator vests absolutely in the sole legatee and the debts ofthe testator so filed or exhibited become charges against the legatee. Uponbreach of the condition of the bond, suit may be instituted on the bond by anycreditor in the name of the state for the use of the creditor. The provisionshereof apply to all wills hereafter admitted to probate.

 

2-11-302. Naming of executors and trustees; powers; generally.

 

Adomiciliary foreign personal representative who has complied with W.S. 2-11-301may exercise as to assets in this state all powers of a local personalrepresentative and may maintain actions and proceedings in this state subjectto any conditions imposed upon nonresident parties generally.

 

2-11-303. Naming of executors and trustees; limitations.

 

Thepower of a domiciliary foreign personal representative under W.S. 2-11-302shall be exercised only if there is no administration or application thereforpending in this state. A petition for local administration of the estateterminates the power of the foreign personal representative to act under W.S.2-11-302 but the local court may allow the foreign personal representative toexercise limited powers to preserve the estate. No person who before receivingactual notice of a pending local administration has changed his position inreliance upon the powers of a foreign personal representative shall beprejudiced by reason of the petition for or grant of local administration. Thelocal personal representative is subject to all duties and obligations whichhave accrued by virtue of the exercise of the powers by the foreign personalrepresentative and may be substituted for him in any action or proceedings inthis state.