Discovered property-probate procedures.

Plain English Breakdown

The summary provided by the candidate explanation closely aligns with the bill's content but some details were slightly narrowed or clarified based on the official source material.

Rules for Determining Heirship and Property Distribution

The act updates the rules for determining who inherits a person's land when they die without leaving a will, including undiscovered property.

What This Bill Does

• Allows courts to decide who gets a deceased person’s land if more than two years have passed since their death and no one has decided this before.
• Requires courts to determine the distribution of property that each heir is entitled to receive from both known and unknown real properties.
• Clarifies that when new property is found later, it follows the same rules as already known property.
• Needs a copy of the court’s decision about who gets the property included with any paperwork for newly discovered property.

Who It Names or Affects

• People who inherit land from someone who died without leaving a will.
• Courts that decide on heirship and property distribution.
• County clerks who record property information.

Terms To Know

Decedent

A person who has died.

Heirship

The legal process of determining who inherits a deceased person's property when there is no will.

Limits and Unknowns

• Does not apply to cases where someone else has already decided the heirship and distribution.
• Only applies to real property (land) in Wyoming.
• Does not cover personal items or money, only land.

Official Summary Text

Bill Summary - 20LSO-0145
Bill No.:

SF0027

Effective:

7/1/2020 12:00:00 AM

LSO No.:

20LSO-0145

Enrolled Act No.:

SEA No. 0026

Chapter No.:

71

Prime Sponsor:

Von Flatern

Catch Title:

Discovered property-probate procedures.

Subject:

Determining heirship and distribution of property in probate.

Summary/Major Elements:

Current law authorizes an application for a determination of heirship and the right of descent of the real property of a decedent who has been deceased for at least two (2) years.

After a hearing, a court can determine the heirs and the right of descent of the decedent's property.

The act provides that the court can also determine the distribution of property that each heir is entitled to receive from the decedent's property, including property that hasn't been discovered.

The act clarifies that the court's findings regarding the decedent apply to any other subsequently discovered property of the decedent so long as no other recorded judicial determination has been made for that property and the judicial determination of heirship is included with any affidavit filed for the transfer of that discovered property.

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

20LSO-0145

ORIGINAL Senate

File No
.
SF0027

ENROLLED ACT NO. 26,

SENATE

SIXTY-FIFTH LEGISLATURE OF THE STATE OF WYOMING
2020 Budget Session

AN ACT relating to wills and probate; specifying the determination of heirship and distribution of a decedent's known and unknown real property; specifying procedures; making conforming amendments; and providing for an effective date.

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

Section 1
.

W.S. 2
‑
9
‑
203 and 34
‑
11
‑
101(c) are amended to read:

2
‑
9
‑
203.

Application by petition two years after death; hearing; determination and decree.

(a)

Upon hearing, if it appears to the court that more than two (2) years have elapsed since the death of the deceased, that he died seized of an interest in lands in this state or that he died intestate having entered government lands and not having received a patent therefor, and there has been no previous record judicial determination of the decedent's heirs or the right of descent of the real property interest, the court shall determine the date of the decedent's death, who were the heirs of the deceased upon the date of death, their degree of kinship
,

and
the right of descent of the real property or interest therein of which the deceased died seized or on which he had made an entry but had not yet received a patent therefor
and the distribution each heir is entitled to receive from the known and unknown real property interests of the decedent based on the determination of the right of descent
, and shall make and enter its decree accordingly.

(b)

The findings of the court relating to a decedent's date of death, intestacy, heirs, degree of
kinship and right of descent shall apply to any other real property in this state subsequently discovered in which the decedent had a property interest at the time of his death as identified by an affidavit recorded pursuant to W.S. 34
‑
11
‑
101, provided that:

(i)

A copy of the judicial determination of the decedent's heirs or right of descent shall be included with an affidavit filed under W.S. 34
‑
11
‑
101 for the subsequently discovered property;

(ii)

No other recorded judicial determination has been made relating to the right of descent for that property.

34
‑
11
‑
101.

Recorded affidavit as evidence; subjects; facts.

(c)

The affidavits shall include a description of the land, title to which may be affected by facts stated in the affidavit, and shall state the name of the person appearing by the record to be the owner of the land at the time of
the recording of the affidavit.
For affidavits involving subsequently discovered real property under W.S. 2
‑
9
‑
203, the affidavit shall also include a copy of the judicial determination of the decedent's heirs or right of descent.
The county clerk shall index the affidavit in the name of the record owner and in the same manner as deeds are recorded.

Section 2
.

This act is effective July 1, 2020
.

(END)

1