Executor Duties in Wyoming
What an executor (personal representative) must do in Wyoming: getting letters, notifying creditors, inventory, paying debts and closing the estate.
Short answer: Main duties and deadlines for a Wyoming personal representative: take the oath, post any required bond and receive letters; W.S. 2-7-201; 2-7-205; 2-7-403; 2-7-811; 2-7-813
| Executor's duties | Main duties and deadlines for a Wyoming personal representative: take the oath, post any required bond and receive letters; publish a notice of probate and notice to creditors once a week for three consecutive weeks, mail it to the spouse, heirs and beneficiaries within one week of first publication, and mail it to reasonably ascertainable creditors; creditors must file claims with the clerk of the district court within three months after first publication (or 30 days after mailing, if later); within 120 days after appointment, make and return to the court a true inventory under oath of all the estate, including any homestead; pay or reject claims; then file a final report, accounting and petition for distribution, after which the court enters a final decree of distribution following notice and hearing. |
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| Letters testamentary | Letters are issued by the district court of the county where the decedent lived. With a will, a petition for probate is filed and the court or clerk may admit the will without notice upon proof of due execution; letters testamentary go first to the person named in the will, then to a beneficiary (or the beneficiaries' nominee), a creditor, or another qualified person. Without a will, a petition for letters of administration is filed, with priority to the surviving spouse (or nominee), then children, parents, siblings, grandchildren, next of kin and creditors. The personal representative takes the oath and posts bond unless it is waived by the will, by statute, or in writing by the distributees. A nonresident executor must designate a Wyoming agent for service, and a nonresident administrator may serve only with a Wyoming-resident co-administrator. |
| Deadline for creditor claims | Creditors must file claims (in duplicate, with supporting documents) with the clerk of the district court within three months after the first publication of the notice to creditors. A creditor who was mailed notice has until the later of three months after first publication or 30 days after the mailing. Claims not filed in time are barred, with limited exceptions for creditors entitled to equitable relief or reasonably ascertainable creditors who were not mailed notice. |
More Wyoming estate law
- Medical Power of Attorney in Wyoming
- Small Estate Affidavit in Wyoming
- Power of Attorney in Wyoming
- Quitclaim Deeds and Transferring Property in Wyoming
- Who Inherits If You Die Without a Will in Wyoming
- How to Make a Valid Will in Wyoming
- How Probate Works in Wyoming
- Living Wills and Advance Directives in Wyoming
- Revocable Living Trusts in Wyoming
- Letters Testamentary in Wyoming
- Affidavit of Heirship in Wyoming
- How to Avoid Probate in Wyoming
- Transferring a Car After Someone Dies in Wyoming
- All Wyoming wills, probate and estate rules
FAQ
What does an executor have to do in Wyoming?
Main duties and deadlines for a Wyoming personal representative: take the oath, post any required bond and receive letters; publish a notice of probate and notice to creditors once a week for three consecutive weeks, mail it to the spouse, heirs and beneficiaries within one week of first publication, and mail it to reasonably ascertainable creditors; creditors must file claims with the clerk of the district court within three months after first publication (or 30 days after mailing, if later); within 120 days after appointment, make and return to the court a true inventory under oath of all the estate, including any homestead; pay or reject claims; then file a final report, accounting and petition for distribution, after which the court enters a final decree of distribution following notice and hearing.
How do I get letters testamentary in Wyoming?
Letters are issued by the district court of the county where the decedent lived. With a will, a petition for probate is filed and the court or clerk may admit the will without notice upon proof of due execution; letters testamentary go first to the person named in the will, then to a beneficiary (or the beneficiaries' nominee), a creditor, or another qualified person. Without a will, a petition for letters of administration is filed, with priority to the surviving spouse (or nominee), then children, parents, siblings, grandchildren, next of kin and creditors. The personal representative takes the oath and posts bond unless it is waived by the will, by statute, or in writing by the distributees. A nonresident executor must designate a Wyoming agent for service, and a nonresident administrator may serve only with a Wyoming-resident co-administrator.
How long do creditors have to file claims against an estate in Wyoming?
Creditors must file claims (in duplicate, with supporting documents) with the clerk of the district court within three months after the first publication of the notice to creditors. A creditor who was mailed notice has until the later of three months after first publication or 30 days after the mailing. Claims not filed in time are barred, with limited exceptions for creditors entitled to equitable relief or reasonably ascertainable creditors who were not mailed notice.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.