If there was a will directing that a specific person be appointed as a personal representative (also called administrator or executor/executrix), a probate court will generally appoint that person.  If there is no will, then Wyoming Statute establishes a list of priority as to who will be appointed personal representative, starting with the deceased person’s spouse and ending with any interested person – including a creditor of the estate.

Generally, whoever is to be personal representative should attempt to start this process within 30 days of the individual’s passing.

To file a petition for probate, our offices would need an original death certificate as well as the original will.

A personal representative must sign an oath that he/she will fulfill all those responsibilities and obligations required by Wyoming law.  This includes an obligation to not use the Estate’s assets for any improper purpose and to faithfully see that the heir’s interests in all Estate property is protected.

After signing the oath, the court clerk will execute what are called “Letters Testamentary.”  This document is what you would need to take to a bank or business to prove that you are authorized, by the Court, to represent the estate. The Letters Testamentary allow you to close unnecessary accounts, pay the Estate’s essential bills throughout the probate, and even to sue anyone that owed the Estate money.

In Wyoming, the personal representative of an estate is obligated to send certified notice to all “known and reasonably ascertainable creditors” of the estate.  Simultaneously, the personal representative is to publish a notice to creditors, in a newspaper of general circulation in the county where the individual lived or passed. This often costs a few hundred dollars.

After a certain period of time has passed, if no creditors have filed claims against the estate, then such creditors would generally be cut off from ever collecting against the Estate.

If a claim is made, then the Estate generally has a limited amount of time to either accept or reject the claim.

The probate court will require that we provide it a list of all assets of the estate along with their value.  Some assets require that an appraisal, signed by a disinterested person, be provided as well.  The court also collects an appraisal fee based on the total value of the estate being probated.

Before the probate court will sign off on a final distribution of the estate to its beneficiaries, the court will require that the personal representative file an accounting of every dollar it spent on behalf of the estate.  There are a number of specific items that must be included in this report as provided by Wyoming Statute.

Once the final accounting is filed, the Court will be able to enter what is called a “Decree of Distribution.”  This document sets forth what the personal representative is to do with the assets of the estate, including the payment of any fees/costs incurred associated with the administration of the estate.

It is common to request that all interested parties sign off on the final report through a waiver of notice and consent to approval.  If all interested parties sign off, a court will often forego some of the formal hearings that would otherwise be required.

Once the personal representative has done all that was required under the Decree of Distribution, our office will file a petition that the estate be closed.

However, it is not uncommon for assets to be discovered many months or years after the estate has been closed.  When this occurs, our office can petition the probate court, request that the estate be reopened, and administer these subsequently-acquired or after-discovered assets.