Summary probate proceedings.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0258.E1

SENATE FILE
NO.
SF0117
Summary probate proceedings.
Sponsored by:
Senator(s) Perkins and Representative(s) Greear

A BILL

for

AN ACT relating to
the Wyoming
P
robate

C
ode
;

providing
requirements and procedures for distribution
of property
by affidavit and
s
ummary procedure
s for distribution of property
;
providing a definition; and
providing for an effective date.

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

Section 1.

W.S. 2
‑
1
‑
206 through 2
‑
1
‑
20
8
are created to read:

2
‑
1
‑
20
6.

Proof
of publication and
service
; filing
with clerk
.

(a)

The proof of public
ation of the notice
required under
W.
S. 2-1-205
(d)
shall be by affidavit of the publisher.

(b)

The proof of
service under
W.S. 2
‑
1
‑
205
(d) s
hall
be
signed by
a

distributee who signed the application
or
his

attorney

and shall state
the name and address of the
person served
and the manner of service
.

(c)

The affidavit for proof of publication and
the proof of service shall be filed with the
clerk of court
no
les
s than twenty
(
20
) days
after the first date of publication.

(d)

Proof of service by a distributee shall be signed under penalty of perjury.

2
‑
1
‑
20
7
.
Missing distribute
e
s.

The person or persons claiming to be the
distributee or
distribute
e
s of the decedent who file
d
the application shall make reasonable efforts to
identify and locate all distribute
e
s of the
decedent
. If all distribute
e
s are not located, the distribute
e
or distribute
e
s filing the
application shall advise the court of the efforts made to locate missing distributee
s
.
If a distribute
e
cannot be located
, t
he court may

grant the application, but may d
irect in the decree that the share of the missing distributee or distribute
e
s be paid
to

the
state treasurer
under the U
niform Unclaimed Property Act, W.S. 34
‑
24
‑
101 through 34-24-140
.
T
he person or persons claiming to be
a

distributee or
distribute
e
s of the decedent who file
d
the application shall report to the court
upon
payment of the
share of the
missing d
istributee or distributees
.

2
‑
1
‑
20
8
.
Venue generally.

(a)

An application for a decree under W.S. 2
‑
1
‑
205
shall b
e filed
as follows:

(i)

For estates that only
include personal property:

(A)

If
the decedent was a resident of Wyoming at the time of his death, i
n the county of wh
ich the decedent was a resident
;

(B
)

If the decedent was not a resident of Wyoming at the time of his death, in a county in which any part of the estate is located.

(ii)

If the estate includes real property, in
any county in which any part of the real property is located.

Section 2.

W.S. 2
‑
1
‑
201(a)
(intro),
(i)
,
(iii), (iv),
by
creating a new paragraph
(v)
,
(c
)
, by creating a new sub
section
(d
)
and renumbering (d) as (e)
, 2
‑
1
‑
202

and
2
‑
1
‑
205 are amended to read:

2
‑
1
‑
201.

Payment of indebtedness and delivery of tangible personal property or instruments evidencing debt.

(a)

Not earlier than thirty (30) days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or the instrument evidencing the debt, obligation, stock or chose in action to the person or persons claiming to be the
distribute
e
or

distributees

of the property

or the attorney for
the

distribute
e
or distributees
, upon being presented an affidavit, filed as provided by subsection (c) of this section, made by or on behalf of the
distributee
or distributees
stating:

(i)

The value of the entire estate
,
located in
Wyoming

or otherwise
subject to
probate
administration
,

in this state
,
either
testate or intestate
,
less liens and encumbrances, does not exceed two hundred thousand dollars ($200,000.00);

(iii)

No application for appointment of a personal representative is pending or has been granted in any jurisdiction in this state;
and

(iv)

The
person or persons

claiming
to be a distributee or

distributees are entitled to payment or delivery of the property
of the decedent
; the facts concerning
the
distributees'
relationship to the decedent, and there are no other distributees of the decedent having a right to succeed to the property under probate proceedings
.

in any jurisdiction; and

(v)

If an application for
appointment
of a personal representative has been
made

in
a jurisdiction
outside of Wyoming:

(A)

T
he name and
address
of the proposed or appointed personal representative
, the date of the application and the date of any appointment
;
and

(B
)

The
title of the proceedings and
name of the court and
jurisdiction
in which the application was
made
.

(c
)

When
the affidavit is

filed with the county clerk and a certified copy is presented to
a p
arty

any
person
with custody

of
the decedent's property
or
a holder

of
assets

the decedent's property
,
the affidavit shall be honored and have the
same effects

effect
as provided
for
in
subsections (a), (b) and (d) of
this section and W.S. 2
‑
1
‑
202.

(d)

The county clerk of the county in which any vehicle is registered shall transfer title of the vehicle from the decedent to the distributee or distributees upon
presentation of an affidavit as provided in subsection (a) of this section
.

(
d)
(e)

Upon presentation of an affidavit as provided in
subsections (a) and (c) of

this section,
to any
bank, savings and loan institution, credit union or any other like depository

a
person
with custody of the decedent's property or a holder
of the
decedent's property,

shall pay
or
deliver

any

of the decedent's property
held or on

deposit in the sole name of the decedent, together with the interest and dividends thereon, to the distributee or distributees. A receipt for the payment
or delivery

by the
distribute
e

paid

or distributees
is a valid and sufficient release and discharge for the payment
or delivery

made.

2
‑
1
‑
202.

Effect; refusal to pay, deliver
.

(a)

The person
having custody of the decedent's property
or
a
holder of
the decedent's property
:

(i)

P
aying, delivering, transferring or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as
if he dealt with a personal representative of the decedent
;
.

and

(ii)

He

I
s not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit.

(b
)

If any person

having custody of
the decedent's property
or
a
holder of decedent's property
to whom an affidavit is delivered refuses to pay, deliver, transfer or issue any personal property or evidence thereof,
it

the
property
may be recovered or its payment, delivery, transfer or issuance compelled upon proof of right in an action by or on behalf of the persons entitled thereto.
If an action is brought under this subsection, the court shall award reasonable attorney's fees and costs of the action to the
plaintiff if the court finds that the
decedent's property was not paid, delivered, transferred or issued within forty-five (45) days after presentation of the affidavit under W.S. 2
‑
1
‑
2
01
unless the court finds just cause for the refusal to pay, deliver or transfer the property
.

(c)

Any person to whom payment, delivery, transfer or issuance is made is answerable and accountable to a personal representative of the estate or to any other person having a
like or

superior right
.

(d)

For purposes of this
article
, "holder"
means a
ny
person
who is i
n possession of property
of the decedent and
includes but is not limited to a

security broker, security dealer
, bank, savings and loan institution, credit union or any other like depository
.

2
‑
1
‑
205.

Summary procedure for distribution of personal or real property; application for decree; notice by publication; presumptive evidence of title; effect of false statements.

(a)

If any person dies who is the owner of personal or real property, including mineral interests, but whose entire estate including personal property does not exceed two hundred thousand dollars ($200,000.00)
,
l
ess liens and
encumbrances
,
the person or persons claiming to be the
distributee or

distributees of the decedent may file, not earlier than thirty (30) days after the decedent's death, an application for a decree

in the district court of the
county where the property is situated

of summary distribution of property
.

(b)

The application shall be sworn to and signed by
each

any
person claiming
to be a distribute
e

and shall state the facts required by W.S. 2
‑
1
‑
201(a)(i) through
(iv)

(v)
. The application shall also fully describe any real property
, including any mineral interest
s
,
being claimed.

(c)

The application shall have attached thereto a sworn report of appraisal

or broker
'
s price opinion as defined by W.S. 33
‑
28
‑
102(b)
(lxii)
, made by a person who has no legal interest in the estate, showing the value on the date of the decedent's death of all interests owned by the decedent in real property

located in Wyoming
, including mineral interests.

(c)
(d)

After publication of the

A
notice of application
for a decree of summary distribution of property
shall be published

once a week for two (2) consecutive weeks in a newspaper of general circulation in the county

in which the application was filed
, or otherwise as the court may order
.
, the court shall consider the application

T
he notice of application shall be served
by
personal service or
certi
fied mail, with copy of application
attached, to all
other distributees, so far as known
, or to their guardians if any of them are minors, or to their personal representatives if any of them are dead
no less than three (3) days after the date of the first date of publication
.

(e)

If the decedent received medical assistance pursuant to W.S. 42
‑
4
‑
101 through 42
‑
4
‑
114, the state department of health shall be provided a copy of the application for a decree within
five (5)

ten (10)
days of its filing.

(f)

If
it appears that the facts stated in the application are not in dispute

no objection to the application has been filed within thirt
y (30
) days of
the first date of

publication
, the court shall enter a decree establishing the right and title to the property

located in Wyoming
. A certified copy of the decree shall be recorded in the office of the county clerk
and thereafter

of

each
county in which the real property, including mineral interest
s
,
is
located
. If there is no real property, the decree shall be filed in the county in which the application for a decree of summary distribution was filed.

Upon
recording
of the decree,
the decree and the record thereof shall be presumptive ev
idence of title to the property.
If an objection to the application is
filed within thirty (30) days of the
first date of
publication
, the court shall set the matter for a hearing and shall enter an order
either
denying or granting the application.

(d)
(g)
In the event that the decree is entered as the result of
a petition

an application
containing false statements, title to the property which passes as a result of the decree shall not be affected but the person or persons signing
as distributee or distributees
and swearing to the application shall be subject to the app
ropriate penalties for perjury.
Any distributee who
is
damaged by an application containing a false statement may file an action to amend the decree and for damages. The action shall be filed in the court in which the application was filed.

Any action
under this paragraph
is barred unless commenced within
two
(
2
) year
s
from the
entry of the decree.

(e)
(h)

The procedure provided by this section may be used in addition to the affidavit procedure provided by W.S. 2
‑
1
‑
201.

Section 2.

Th
is act is effective July 1, 2014.

(END)

1
SF0117