How to Apply for Probate (WY)

WY Application Process

There are several steps you must take to obtain the court's permission to represent and manage a WY estate.

1. Probate Application: In Wyoming, if the estate will go through probate, start the process by submitting a petition to the court: see petition details ↧
   • If there is a will, submit a Petition for Probate; otherwise submit a Petition for Administration. Include in your petition:
     • The basic jurisdictional facts: name of decedent, date of death, legal residence, etc.
     • To the extent of your knowledge, the names, ages, and residences of anyone who would inherit if there were no will (i.e., heirs-at-law). If there is a will, also include this information for anyone the will names to inherit.
     • The probable value and character of the property of the estate (i.e., a high-level preliminary inventory)
     • If there is a will, whether the person named in the will to serve as executor accepts or renounces his right to serve
     • Your name and address
     • See WY Stat § 2-6-201 and WY Stat § 2-4-205.
   • If there is a will, but you do not have a notarized "self-proving affidavit" signed by all will signatories, it may simplify the process if you can attach an affidavit signed by at least one witness to the original will signing, attesting to the validity of the signatures. See WY Stat § 2-6-205 for affidavit format.
   • If there is no will, or the will does not name you as first choice among executors (still living), it will be helpful to attach a Renunciation Affidavit from anyone with equal or higher priority.
   • If you do not reside in WY, attach a document showing that you have retained someone to serve as your agent in the county (see Task: Out-of-state executor).
   • Save $$: If there is no will, or the will does not address the requirement for a probate bond, you may wish to avoid probate bond costs by attaching a Bond Waiver from each person who will inherit, stating that he or she is entitled to inherit the estate, and that he or she consents to your appointment as personal representative without bond (see Probate Bonds).
   • Attach an official copy of the death certificate and the original will (if there is one).
   • Note that forms and procedures vary a bit from county to county in Wyoming, and you should check with the local court.
2. Probate Hearing: The court will hold a hearing to officially consider and approve your application. Often this hearing is just a formality, and you may not need to attend at all.
3. Probate Bond: If required by the court, you must obtain a probate bond to protect the estate from any losses you may cause (up to a certain dollar amount). Requirements for such a bond can depend on jurisdiction, whether there is a will, size of estate, whether you reside in the same state, and other factors. See Probate Bonds for advice on how to potentially avoid the need fo such a bond.
4. Objections: Note that interested parties have the right to legally challenge your application (before your official appointment, or even afterwards).
5. Letters: Once the court approves your application, you will receive your "Letters", which are certified documents you can use to prove your authority to third parties. If you applied for "probate", you will officially be known as the "executor" of the estate. If instead you applied for "administration", you will be known as the "administrator". Many states also use the term "personal representative" to cover both cases, sometimes deprecating the uses of the more precise terms.

Court Location

It can sometimes be difficult to determine which court to use for a given estate. The particular type of court that oversees the probate process varies by state: it may be a dedicated probate court, a circuit court, a superior court, a general county court, or something else.

Note that real property must be probated in the state in which it is physically located, so you may need to go through probate in multiple states.

Next Steps

Once you have been officially appointed and granted your Letters, you can begin the bulk of the estate administration and settlement process, keeping in mind that you now have a fiduciary duty to act in the best interests of the estate.

See our Complete Guide to Estate Settlement in WY for an overview of estate settlement in general, Probate for the court-supervised aspects of estate settlement in particular, and Timeline for an overview of tasks by time period.

If you are using EstateExec, it will automatically generate a list of detailed tasks for you to accomplish, based upon the particulars of your estate.

Additional Information

See also Becoming Estate Executor (i.e., Personal Representative).