Read the full stored bill text
25LSO-0779
2025
STATE OF WYOMING
25LSO-0779
Numbered
2.0
HOUSE BILL NO. HB0330
Probate code revisions-2.
Sponsored by: Representative(s) Schmid, Brady, Campbell, K and McCann and Senator(s) Hutchings and Pearson
A BILL
for
AN ACT relating to the probate code; amending maximum values for certain proceedings relating to the probate of estates; clarifying the effect of certain disclaimers of property; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 2
‑
1
‑
201(a)(i), 2
‑
1
‑
204(a)(i), 2
‑
1
‑
205(a), 2
‑
1
‑
403 by creating a new subsection (d), 2
‑
11
‑
201 and 2
‑
11
‑
202(a)(intro) 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 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)
seven hundred fifty thousand dollars ($750,000.00)
;
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)
seven hundred fifty thousand dollars ($750,000.00)
;
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)
seven hundred fifty thousand dollars ($750,000.00)
, 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.
2
‑
1
‑
403.
Qualification; effective date.
(d)
A written irrevocable disclaimer of an interest in property that does not otherwise qualify as a disclaimer or qualified disclaimer under subsection (a) or (b) of this section shall be effective to terminate and pass an interest in property if the disclaiming party acknowledges in a prior or contemporaneous writing that the disclaimer does not qualify as a disclaimer for federal or other tax purposes under this section.
2
‑
11
‑
201.
Probate of estates of nonresidents.
In case of a nonresident's estate having property in this state not exceeding in value the sum of
two hundred thousand dollars ($200,000.00)
seven hundred fifty thousand dollars ($750,000.00)
, which estate has been duly probated and settled in another state, the probate of the estate in this state may be dispensed with upon filing with the district judge in the proper county a petition under oath showing the facts in the case together with certified copies of the petition, order of appointment of executor or administrator, inventory and final decree of distribution of estate therein, and a full showing that debts of the estate have been paid and the district judge giving notice by publication for the period of three (3) weeks of the intention of the petitioner to have the probate proceedings admitted in this state as a probate of the estate. If on the day set for hearing the petition no objection is made, the judge shall make an order admitting the certified copies of the proceedings in the estate to record in his court and they shall be considered and treated from that time as original proceedings in his court and shall be conclusive evidence of the facts therein shown. If at such hearing any creditor objects to the proceedings and shows that the decedent is indebted to him, his claim not having been presented in the original state, the matter shall be postponed and the creditor or other person shall be allowed to petition for letters of administration as in other cases. This section shall not be construed to prevent the courts of this state from appointing a temporary administrator in this state to collect and preserve the property of the estate of the deceased person which may be located in this state.
2
‑
11
‑
202.
Nonresident property in Wyoming; disposition.
(a)
In case of a nonresident's estate having property in this state not exceeding in value the sum of
two hundred thousand dollars ($200,000.00)
seven hundred fifty thousand dollars ($750,000.00)
, which estate is being duly probated and settled in another state, the Wyoming district judge may enter an order for the sale of the property located in this state provided:
Section 2
.
This act is effective July 1, 2025
.
(END)
1
HB0330