SF0084 • 2021

Probate code revisions.

AN ACT relating to the probate code; amending a provision governing bonding requirements; repealing requirements relating to the appointment of estate administrators; 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 Wasserburger
Last action: 2021-04-07
Official status: inactive
Effective date: 3/1/2021

Plain English Breakdown

The official source material does not provide detailed information on the bill's impact or specific circumstances where a bond would still be required after these changes.

Changes to Probate Code

The bill modifies parts of the probate code by changing bonding requirements and removing rules about who can serve as an estate administrator.

What This Bill Does

Amends provisions governing when a bond is required for personal representatives, allowing it to be waived by court order or in writing by distributees.
Repeals requirements that certain individuals are not eligible to serve as administrators of estates if they are under the age of majority.

Who It Names or Affects

People managing estates
Courts handling probate cases

Terms To Know

Probate code: The set of laws that deal with the process of settling a person's estate after they die.
Personal representative: A person appointed by a court to manage and distribute an estate according to state law or a will.

Limits and Unknowns

The bill does not specify how the changes affect estates of people who died before its effective date.
It is unclear if there are any specific circumstances where a bond would still be required after these changes.

Bill History

2021-04-07 Senate
S:Died in Committee Returned Bill Pursuant to SR 5-4
2021-03-19 Senate
S No report prior to CoW Cutoff
2021-02-04 Senate
S Received for Introduction
2021-02-03 LSO
Bill Number Assigned

Current Bill Text

Read the full stored bill text

21LSO-0467
2021
STATE OF WYOMING
21LSO-0467
Introduced
2.0

SENATE FILE NO. SF0084

Probate code revisions.

Sponsored by: Senator(s) Wasserburger and Representative(s) Henderson

A BILL

for

AN ACT relating to the probate code; amending a provision governing bonding requirements; repealing requirements relating to the appointment of estate administrators; specifying applicability; and providing for an effective date.

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

Section 1.

W.S. 2
‑
3
‑
111(a) and (b) and 2
‑
4
‑
203(a)(i) are amended to read:

2
‑
3
‑
111.

When no bond required; generally.

(a)

When it is expressly provided in the will
,

or
by statute
or, in the discretion of the court, by order of the court
that no bond be required of the personal representative or when the distributees waive in writing the requirement that a bond be executed, letters testamentary or of administration may issue without the execution and filing of a bond as provided by W.S. 2
‑
3
‑
102.

(b)

When a bond is waived by will, by statute
, by the court
or by the distributees, sales of real estate may be made and confirmed without a bond unless the court for good cause requires one to be executed.

2
‑
4
‑
203.

Persons incompetent to administer.

(a)

No person is competent or entitled to serve as administrator, who is:

(i)

Under the age of majority;
or

Section 2
.

W.S. 2
‑
4
‑
201(c) and 2
‑
4
‑
203(a)(ii) are repealed.

Section 3
.

This act shall apply only to the estates of decedents who die on or after the effective date of this act.

Section 4.

This act is effective July 1, 2021
.

(END)

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SF0084