SF0107 • 2017

Probate code amendments.

AN ACT relating to the probate; amending the period for objections to applications for summary probate; providing that notice to an agent or attorney of a party interested in an estate or a summary distribution is notice to the party; amending prerequisite to a decree of final distribution; and providing for an effective date.

Taxes

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Senator Perkins
Last action: 2017-03-06
Official status: enrolled
Effective date: 7/1/2017

Plain English Breakdown

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Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0107SS001

Standing Committee • SJudiciary

Adopted

Plain English: Adopted Standing Committee by SJudiciary

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

2017-03-06 Governor
Governor Signed SEA No. 0048
2017-03-06 LSO
Assigned Chapter Number
2017-02-28 House
H Speaker Signed SEA No. 0048
2017-02-27 Senate
S President Signed SEA No. 0048
2017-02-27 LSO
Assigned Number SEA No. 0048
2017-02-27 House
H 3rd Reading:Passed 60-0-0-0-0
2017-02-24 House
H 2nd Reading:Passed
2017-02-23 House
H COW:Passed
2017-02-09 House
H Placed on General File
2017-02-09 House
H01 - Judiciary:Recommend Do Pass 9-0-0-0-0
2017-02-07 House
H Introduced and Referred to H01 - Judiciary
2017-01-30 House
H Received for Introduction
2017-01-26 Senate
S 3rd Reading:Passed 30-0-0-0-0
2017-01-25 Senate
S 2nd Reading:Passed
2017-01-24 Senate
S COW:Passed
2017-01-23 Senate
S Placed on General File
2017-01-23 Senate
S01 - Judiciary:Recommend Amend and Do Pass 5-0-0-0-0
2017-01-19 Senate
S Introduced and Referred to S01 - Judiciary
2017-01-19 Senate
S Received for Introduction
2017-01-18 LSO
Bill Number Assigned

Official Summary Text

Bill Summary

Bill No.:
SF0107
Effective
:
7/1/2017

LSO No.:
17LSO-0516

Enrolled Act No.:
SEA No. 0048

Chapter No.:
[Chapter Number_RO]

Prime Sponsor:
Perkins

Catch Title:
Probate code amendments.

Subject:
Amends
the probate code by setting a deadline for objections to summary probate applications and barring unt
imely objections; providing
notice to an agent or an attorney is notice to a party; and permitting the court to issue a decree of final distribution
upon a finding that no inheritance or estate tax is chargeable to the estate.

Summary/Major Elements:

The probate code provides streamlined
(summary)
probate procedures for estates valued less than two hundred thousand dollars ($200,000.00).
The statute allows for summary probate after notice by publication.
Under existing statute,
any objection to an application for summary distribution of property
must be filed within thirty (30) days of
publication of notice.

Th
is
act amends the
summary procedure in three ways. First, the act allows notice to be sent to the agent or attorney of an interested party. Next, the act amends the
time to file objections
to twenty (20) days after notice by mail or thirty days after notice by publication, whichever is later. Finally, the act provides that an untimely objection is barred.

T
he
act
also
amends the notice provisions applicable to
regular probate procedure. As with the summary procedure, the act allows notice to be sent to the agent or attorney of an interested party.

The
act also
narrow
s the prerequisites to the issuance of a final decree of distribution
to either a finding by the court that no inheritance or estate taxes are chargeable against the estate or that all taxes and interest have been paid.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill
.

Current Bill Text

Read the full stored bill text

ORIGINAL
Senate
File No
.
SF0107

ENROLLED ACT NO. 48,

SENATE

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2017 General Session

AN ACT relating to the probate; amending the period for objections to applications for summary probate; providing that notice to an agent or attorney of a party interested in an estate or a summary distribution is notice to the party; amending prerequisite to a decree of final distribution; and providing for an effective date.

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

Section
1
.

W.S. 2
‑
1
‑
205
(
d),

(f)
and by creating a new subsection (
j
)
,

2
‑
7
‑
205
(a)(intro)

and
by creating a new subsection (d)
and 2
‑
7
‑
812(a)
(iii)
are amended to read:

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.

(d)

Subject to subsection (
j
) of this section, 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. The notice of application shall be served by first class mail to the last known address, with copy of application attached, to the surviving spouse of the decedent, if any, and 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 deceased and to any reasonably ascertainable creditors not later than ten (10) days after the date of first publication.

(f)

An objection to an application shall be filed before the expiration of
the later of twenty (20)
days after the mailing required by subsection (d) of this
section
or thirty (30) days after the date of first publication
. An untimely objection is barred.

If no
timely
objection
to the application has been filed within thirty (30) days of the first date of publication

is filed
, 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 of each county in which the real property, including mineral interests, is located. Upon recording of the decree, the decree and the record thereof shall be presumptive evidence of title to the property. If an objection to the application is filed within
thirty (30) days of the first date of publication

the time provided in this subsection
, the court shall set the matter for a hearing, after which the court shall enter an order either denying or granting the application.

(
j
)

Notice to the agent or attorney of any party entitled to notice under this section is notice to that party.

2
‑
7
‑
205
.

Parties entitled to rece
ive.

(a)

Subject to subsection (d) of this section, a

true copy of the notice required in W.S. 2
‑
7
‑
201 shall be mailed by ordinary United States mail, first class, to:

(d)

Notice
to
the agent or attorney of any party entitled to notice under this section
is
notice to that party.

2
‑
7
‑
812
.

Payment of all taxes prerequisite; filing of documents.

(a)

Before a final decree of distribution is entered the court shall be satisfied by presentation of receipts, cancelled checks, certificates, closing letters and other proof that all federal, state, county and municipal taxes legally levied upon the property of the estate or due on account of the estate or death of the decedent have been fully paid. The court shall not discharge any personal representative nor release his bond nor issue a decree of final distribution of the estate until:

(iii)

The court finds that no inheritance tax or estate tax is chargeable against the estate
.

and
excuses the filing of a receipt.

Section 2
.

W.S. 2
‑
7
‑
812(
a)(i) is repealed.

Section
3
.

This
act is effective July 1,
201
7
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
Senate
.

Chief Clerk

1