Wyoming 2025 Regular Session

Wyoming House Bill HB0330 Latest Draft

Bill / Introduced Version Filed 01/29/2025

                            2025
STATE OF WYOMING
25LSO-07791HB0330
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
1 AN ACT relating to the probate code; amending maximum 
2 values for certain proceedings relating to the probate of 
3 estates; clarifying the effect of certain disclaimers of 
4 property; and providing for an effective date.
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8W.S. 2-1-201(a)(i), 2-1-204(a)(i), 
9 2-1-205(a), 2-1-403 by creating a new subsection (d), 
10 2-11-201 and 2-11-202(a)(intro) are amended to read:
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14 2025STATE OF WYOMING25LSO-07792HB03301 (a)  Not earlier than thirty (30) days after the death 
2 of a decedent, any person indebted to the decedent or 
3 having possession of tangible personal property or an 
4 instrument evidencing a debt, obligation, stock or chose in 
5 action belonging to the decedent shall make payment of the 
6 indebtedness or deliver the tangible personal property or 
7 the instrument evidencing the debt, obligation, stock or 
8 chose in action to the person or persons claiming to be the 
9 distributee or distributees of the property or the attorney 
10 for the distributee or distributees, upon being presented 
11 an affidavit, filed as provided by subsection (c) of this 
12 section, made by or on behalf of the distributee or 
13 distributees stating:
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15 (i)  The value of the entire estate located in 
16 Wyoming subject to administration, either testate or 
17 intestate, less liens and encumbrances, does not exceed 
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19;
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23 2025STATE OF WYOMING25LSO-07793HB03301 (a)  Not earlier than ninety (90) days after the death 
2 of a decedent, the United States, or any agency or 
3 instrumentality thereof, or the state of Wyoming, or any 
4 agency, instrumentality or political subdivision thereof, 
5 to whom the decedent was indebted or to whom the decedent's 
6 estate would be indebted if the estate were being 
7 administered upon, may collect all of the assets of the 
8 decedent referred to in W.S. 2-1-201, upon presentation of 
9 an affidavit to the parties referred to in W.S. 2-1-201, 
10 stating:
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12 (i)  The value of the entire estate, wherever 
13 located, less liens and encumbrances, does not exceed 
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15;
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22 (a)  If any person dies who is the owner of personal 
23 or real property, including mineral interests, but whose  2025STATE OF WYOMING25LSO-07794HB0330
1 entire estate including personal property does not exceed 
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3, less liens and 
4 encumbrances, the person or persons claiming to be the 
5 distributee or distributees of the decedent may file, not 
6 earlier than thirty (30) days after the decedent's death, 
7 an application for a decree of summary distribution of 
8 property.
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22 2025STATE OF WYOMING25LSO-07795HB0330
1 In case of a nonresident's estate having property in this 
2 state not exceeding in value the sum of 
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4, which estate has been duly probated 
5 and settled in another state, the probate of the estate in 
6 this state may be dispensed with upon filing with the 
7 district judge in the proper county a petition under oath 
8 showing the facts in the case together with certified 
9 copies of the petition, order of appointment of executor or 
10 administrator, inventory and final decree of distribution 
11 of estate therein, and a full showing that debts of the 
12 estate have been paid and the district judge giving notice 
13 by publication for the period of three (3) weeks of the 
14 intention of the petitioner to have the probate proceedings 
15 admitted in this state as a probate of the estate. If on 
16 the day set for hearing the petition no objection is made, 
17 the judge shall make an order admitting the certified 
18 copies of the proceedings in the estate to record in his 
19 court and they shall be considered and treated from that 
20 time as original proceedings in his court and shall be 
21 conclusive evidence of the facts therein shown. If at such 
22 hearing any creditor objects to the proceedings and shows 
23 that the decedent is indebted to him, his claim not having  2025STATE OF WYOMING25LSO-07796HB0330
1 been presented in the original state, the matter shall be 
2 postponed and the creditor or other person shall be allowed 
3 to petition for letters of administration as in other 
4 cases. This section shall not be construed to prevent the 
5 courts of this state from appointing a temporary 
6 administrator in this state to collect and preserve the 
7 property of the estate of the deceased person which may be 
8 located in this state.
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13 (a)  In case of a nonresident's estate having property 
14 in this state not exceeding in value the sum of 
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16, which estate is being duly probated 
17 and settled in another state, the Wyoming district judge 
18 may enter an order for the sale of the property located in 
19 this state provided:
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21.  This act is effective July 1, 2025
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23 (END)