Foreclosure in probate.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0090

SENATE FILE
NO.
SF0072

Foreclosure in probate.

Sponsored by:
Senator(s) Perkins and Representative(s) Greear

A BILL

for

AN ACT relating to
foreclosure; providing that a foreclosure sale
of property held by a decedent whose estate is in probate
may not occur without supervision of the probate court;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 1
‑
18
‑
101
by creating a new
subsection (c
)

and 2
‑
2
‑
101 are
amended to read:

1
‑
18
‑
101.

Sale to be at public
venue
; hours of sale; notice required; mortgagee, judgment creditor or lienor must be present or waive;
limitation;
penalty.

(c
)

If
a
mortgag
or
has died
and the probate process is
not complete
,
a
foreclosure
sale
shall occur only under
the supervision
of the probate court or if the personal representative and the mortgag
ee
agree and the agreement is approved by the probate court after a hearing providing notice to all heirs, beneficiaries and creditors.

2
‑
2
‑
101.

Exclusive jurisdiction conferred on district courts.

The district courts of the state have exclusive original jurisdiction of all matters relating to the probate and contest of wills and testaments,
foreclosure whe
re the decedent is the mortgagor
as provided under W.S. 1
‑
18
‑
101
(c)
,

the granting of letters testamentary and of administration, and the settlement and distribution of decedents' estates. The court granting the letters has exclusive jurisdiction of all matters touching the settlement and distribution of the estates for which letters have been granted. The jurisdiction over subject matter of the district court sitting in probate, sometimes referred to in this Title 2 as the "probate court", is coextensive with the jurisdiction over subject matter of the district court in any civil action. A decree of distribution entered by the district court in probate, pursuant to W.S. 2
‑
7
‑
807 or 2
‑
7
‑
813, shall be a final
determination of title as to assets described therein, as to all distributees served with notice, or who have waived notice, of the hearing provided for in W.S. 2
‑
7
‑
807 or 2
‑
7
‑
811, as the case may be. As to all other parties, an action may be brought and maintained at any time prior to the entry of final decree of distribution under W.S. 2
‑
7
‑
813, by or against the personal representative in the district court, sitting in probate, seeking any legal or equitable remedy as to any interest in property, real or personal, in which the estate asserts or claims any interest. In addition, all causes cognizable in the district court in any civil action may be brought and maintained, at any time prior to the entry of final decree of distribution under W.S. 2
‑
7
‑
813, by or against a personal representative in the district court sitting in probate which granted the letters to the personal representative.

Section 2.

This act is effective July 1, 2012.

(END)

1
SF0072