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SF0048 • 2021

Summary probate-amendments.

AN ACT relating to wills, estates and probate; amending maximum estate values for summary probate proceedings; specifying applicability; and providing for an effective date.

Inactive

Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.

Sponsor
Senator Case
Last action
2021-04-07
Official status
inactive
Effective date
3/1/2021

Plain English Breakdown

The bill's status as inactive means it did not become law and therefore does not have an impact on current practices.

Changes to Summary Probate Proceedings

The bill increases the maximum value of estates eligible for summary probate proceedings from $200,000 to $500,000 and sets an effective date.

What This Bill Does

  • Increases the maximum estate value that qualifies for summary probate proceedings from $200,000 to $500,000.
  • Specifies that this change applies to summary probate proceedings filed on or after July 1, 2021.
  • Sets an effective date of July 1, 2021 for the new rules.

Who It Names or Affects

  • People who are handling estates worth up to $500,000 in Wyoming.
  • Courts and legal professionals dealing with probate cases.

Terms To Know

Summary Probate Proceedings
A simpler process for distributing a small estate after someone dies.
Distributee
Someone who is entitled to receive part of an estate according to the law or a will.

Limits and Unknowns

  • The bill does not provide details on how estates between $200,001 and $500,000 are handled before July 1, 2021.
  • It is unclear if there were any specific reasons for choosing the new value of $500,000.

Bill History

  1. 2021-04-07 Senate

    S:Died in Committee Returned Bill Pursuant to SR 5-4

  2. 2021-03-22 Senate

    S No report prior to CoW Cutoff

  3. 2021-02-04 Senate

    S Introduced and Referred to S01 - Judiciary

  4. 2021-01-12 Senate

    S Received for Introduction

  5. 2021-01-11 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
21LSO-0326
2021
STATE OF WYOMING
21LSO-0326
Numbered
2.0

SENATE FILE NO. SF0048

Summary probate-amendments.

Sponsored by: Senator(s) Case and Representative(s) Larsen and Laursen

A BILL

for

AN ACT relating to wills, estates and probate; amending maximum estate values for summary probate proceedings; specifying applicability; 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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1
‑
201(a)(i), 2
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1
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204(a)(i) and 2
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1
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205(a) are amended to read:

2
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1
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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 distributee or distributees of the property or the attorney for the distributee 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 subject to administration, either testate or intestate, less liens and encumbrances, does not exceed
two hundred thousand dollars ($200,000.00)
five hundred thousand dollars ($500,000.00)
;

2
‑
1
‑
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
‑
1
‑
201, upon presentation of an affidavit to the parties referred to in W.S. 2
‑
1
‑
201, stating:

(i)

The value of the entire estate, wherever located, less liens and encumbrances, does not exceed
two hundred thousand dollars ($200,000.00)
five hundred thousand dollars ($500,000.00)
;

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)
five hundred thousand dollars ($500,000.00)
, less 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 of summary distribution of property.

Section 2
.

This act shall apply to summary probate proceedings filed on or after July 1, 2021.

Section 3
.

This act is effective July 1, 2021
.

(END)

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SF0048