Chapter 12 - Administration Of Estates Of Missing Persons - Wyoming Statutes

CHAPTER 12 - ADMINISTRATION OF ESTATES OF MISSING PERSONS

 

2-12-101. Filing of petition; information to be shown; appointing dayfor hearing.

 

Wheneverany resident of this state who owns or is entitled to the possession of anyreal or personal property situate therein is missing, or his whereabouts isunknown for ninety (90) days, and a verified petition is presented to the courtof the county of which the missing person is a resident representing that thewhereabouts of the missing person has been for such time and still is unknown,that his estate requires attention, supervision and care of ownership, andsetting forth the names, ages and residence of the relatives of the missingperson who would be heirs at law were the missing person deceased, the courtshall order the petition to be filed and appoint a day for hearing the petitionnot less than ten (10) days from the date of the order.

 

2-12-102. Publication of notice of hearing; service on persons namedin petition.

 

Theclerk shall publish not less than twice during the ten (10) days prior to theday appointed a notice in some newspaper published in the county, stating thatthe petition will be heard at the courtroom of the court at the time appointedfor the hearing. The clerk shall cause personal service of the notice ofhearing to be served upon all persons named in the petition as heirs of themissing person should he be deceased resident in the county, and cause to bemailed by certified mail a copy of the notice addressed to each of the supposedheirs at their address shown in the petition. The court may direct further noticeof the filing of the petition be given in such manner and to such persons as itmay deem proper.

 

2-12-103. Hearing on petition; appointment of trustee.

 

Atthe time fixed for the hearing or at any subsequent time to which the hearingmay be continued, the court shall hear the petition and the evidence offered insupport of or in opposition thereto. If satisfied that the allegations thereofare true and that the person remains missing and the whereabouts of the personare unknown, the court shall appoint some suitable person as trustee to takecharge and possession of the estate and to manage, hold and control the samesubject to the direction of the court.

 

2-12-104. Preference in appointing trustee.

 

Inappointing a trustee, the court shall give preference to the wife or husband ofthe missing person or their nominee, and in the absence of a husband or wife,some person willing to act and entitled to participate in the distribution ofthe missing person's estate were he or she deceased, or a creditor of themissing person.

 

2-12-105. Bond of trustee.

 

Everyperson appointed trustee under the provisions of the preceding section shallgive bond to the state of Wyoming with two (2) or more sufficient sureties, orsurety bond, conditioned for the faithful performance of his duties, to beapproved by the court or clerk thereof. In form the bond shall be joint andseveral and the penalty shall be not less than the value of the personalproperty and the probable value of the annual rents, profits and issues of realproperty belonging to the missing person, which value shall be ascertained bythe court or clerk thereof by examining on oath the petitioner in the petitionand any other person deemed by the court or clerk to have information orknowledge of such value. The sureties shall justify on written oath attached tothe bond in an amount equal in the aggregate to the penalty thereof.

 

2-12-106. Trustee to take possession of property; powers and dutiesgenerally; removal of trustee; sale of property.

 

(a) The trustee shall take possession of the real and personalestate in this state of the missing person and collect, receive and receipt forand hold subject to the order of the court the rents, income, issues, profitsand proceeds thereof and all indebtedness owing to the missing person and payout of the trust funds the expenses of the trust and any indebtedness of themissing person authorized by the court. The court may direct the trustee to payto the family of the missing person such money for family expenses and supportfrom the income of the trust estate as the court from time to time maydetermine. When directed by the court, the trustee shall account to the courtfor all of the trustee's acts as trustee, and the court may at any time upongood cause shown remove any trustee and appoint another.

 

(b) When a sale of the real or personal property of the estateof a missing person is necessary to pay the allowance of the family or thedebts outstanding against the missing person or the expenses of administrationof the trust, or when it appears to the court it is for the best interest ofall persons interested in the estate, the trustee may sell any real or personalproperty of the estate upon order of the court.

 

(c) The trustee in obtaining an order of sale and in conductinga sale of property of the estate of a missing person shall follow all the stepsand procedure set forth in article 6 of chapter 7, Wyoming Probate Coderelating to the sale of property of a decedent.