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.

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. A testator may name any U.S. resident and citizen (or a qualifying bank or trust company) as executor; a nonresident executor must designate a Wyoming resident, bank or trust company as agent for service of process. Without a will, priority goes to the surviving spouse (or the spouse's nominee), then children, parents, siblings, grandchildren, next of kin, creditors and any competent person; a nonresident may be appointed administrator only if a Wyoming resident is appointed co-administrator, and a person under the age of majority or found incompetent may not serve. A bond is required unless the will or a statute waives it or the distributees waive it in writing; the court may later require one.