Probate amendments.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0024

ENROLLED ACT NO. 62, HOUSE OF REPRESENTATIVES

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to
probate; amending maximum values for certain proceedings relating to probate of estates;
and providing for an effective date.

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

Section 1.

W.S. 2
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204(a)(i), 2
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11
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201 and 2
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11
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202(a)(intro) are amended to read:

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1
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204.

Collection of claims of certain creditors of decedent by affidavit.

(a)

Not earlier than ninety (90) days after the death of a decedent, the United States, or any agency or instrumentality thereof, or the state of Wyoming, or any agency, instrumentality or political subdivision thereof, to whom the decedent was indebted or to whom the decedent's estate would be indebted if the estate were being administered upon, may collect all of the assets of the decedent referred to in W.S. 2
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1
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201, upon presentation of an affidavit to the parties referred to in W.S. 2
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1
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201, stating:
(i)

The value of the entire estate, wherever located, less liens and encumbrances, does not exceed
one hundred fifty thousand dollars ($150,000.00)

two hundred thousand dollars ($200,000.00)
;

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11
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201.

Probate of estates of nonresidents.

In case of a nonresident's estate having property in this state not exceeding in value the sum of
one hundred fifty thousand dollars ($150,000.00)

two hundred thousand dollars ($200,000.00)
, which estate has been duly probated and settled in another state, the probate of the estate in this
state may be dispensed with upon filing with the district judge in the proper county a petition under oath showing the facts in the case together with certified copies of the petition, order of appointment of executor or administrator, inventory and final decree of distribution of estate therein, and a full showing that debts of the estate have been paid and the district judge giving notice by publication for the period of three (3) weeks of the intention of the petitioner to have the probate proceedings admitted in this state as a probate of the estate. If on the day set for hearing the petition no objection is made, the judge shall make an order admitting the certified copies of the proceedings in the estate to record in his court and they shall be considered and treated from that time as original proceedings in his court and shall be conclusive evidence of the facts therein shown. If at such hearing any creditor objects to the proceedings and shows that the decedent is indebted to him, his claim not having been presented in the original state, the matter shall be postponed and the creditor or other person shall be allowed to petition for letters of administration as in other cases. This section shall not be construed to prevent the courts of this state from appointing a temporary administrator in this state to collect and preserve the property of the estate of the deceased person which may be located in this state.

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11
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202.

Nonresident property in Wyoming; disposition.

(a)

In case of a nonresident's estate having property in this state not exceeding in value the sum of
one hundred fifty thousand dollars ($150,000.00)

two hundred thousand dollars ($200,000.00)
, which estate is being duly probated and settled in another state, the Wyoming district judge
may enter an order for the sale of the property located in this state provided:

Section 2.
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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