HB0270 - Wyoming Probate Code-summary procedure.

 

2001

State of Wyoming

01LSO-0092

 

 

 

HOUSE BILL NO.  HB0270

 

 

Wyoming Probate Code-summary procedure.

 

Sponsored by:  Representative(s) Osborn, Nagel, Nicholas
and Simpson

 

 

A BILL

 

for

 

 1  AN ACT relating to probate; providing for distribution of
 2  an estate by summary procedure as specified; providing for
 3  the limitation of the value of the estate as specified; and
 4  providing for an effective date.

 5 

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

 7 

 8         Section 1.  W.S. 2-1-201(a)(i), 2-1-204(a)(i),
 9  2-1-205(a) and 2-11-201 are amended to read:

10 

11         2-1-201.  Payment of indebtedness and delivery of
12  tangible personal property or instruments evidencing debt.

13 

14         (a)  Not earlier than thirty (30) days after the death
15  of a decedent, any person indebted to the decedent or
16  having possession of tangible personal property or an

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 1  instrument evidencing a debt, obligation, stock or chose in
 2  action belonging to the decedent shall make payment of the
 3  indebtedness or deliver the tangible personal property or
 4  the instrument evidencing the debt, obligation, stock or
 5  chose in action to the person or persons claiming to be the
 6  distributees of the property, upon being presented an
 7  affidavit, filed as provided by subsection (c) of this
 8  section, made by or on behalf of the distributee stating:

 9 

10              (i)  The value of the entire estate, wherever
11  located, less liens and encumbrances, does not exceed
12  seventy thousand dollars ($70,000.00) one hundred fifty
13  thousand dollars ($150,000.00);

14 

15         2-1-204.  Collection of claims of certain creditors of
16  decedent by affidavit.

17 

18         (a)  Not earlier than ninety (90) days after the death
19  of a decedent, the United States, or any agency or
20  instrumentality thereof, or the state of Wyoming, or any
21  agency, instrumentality or political subdivision thereof,
22  to whom the decedent was indebted or to whom the decedent's
23  estate would be indebted if the estate were being
24  administered upon, may collect all of the assets of the

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

 4 

 5              (i)  The value of the entire estate, wherever
 6  located, less liens and encumbrances, does not exceed
 7  seventy thousand dollars ($70,000.00) one hundred fifty
 8  thousand dollars ($150,000.00);

 9 

10         2-1-205.  Summary procedure for distribution of real
11  property; application for decree; notice by publication;
12  presumptive evidence of title; effect of false statements.

13 

14         (a)  If any person dies who is the owner of real
15  property, including mineral interests, but whose entire
16  estate including personal property does not exceed seventy
17  thousand dollars ($70,000.00) one hundred fifty thousand
18  dollars ($150,000.00), the person or persons claiming to be
19  the distributees of the decedent may file, not earlier than
20  thirty (30) days after the decedent's death, an application
21  for a decree in the district court of the county where the
22  property is situated.

23 

24         2-11-201.  Probate of estates of nonresidents.

 

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 1 

 2  In case of a nonresident's estate having property in this
 3  state not exceeding in value the sum of seventy thousand
 4  dollars ($70,000.00) one hundred fifty thousand dollars
 5  ($150,000.00), which estate has been duly probated and
 6  settled in another state, the probate of the estate in this
 7  state may be dispensed with upon filing with the district
 8  judge in the proper county a petition under oath showing
 9  the facts in the case together with certified copies of the
10  petition, order of appointment of executor or
11  administrator, inventory and final decree of distribution
12  of estate therein, and a full showing that debts of the
13  estate have been paid and the district judge giving notice
14  by publication for the period of three (3) weeks of the
15  intention of the petitioner to have the probate proceedings
16  admitted in this state as a probate of the estate. If on
17  the day set for hearing the petition no objection is made,
18  the judge shall make an order admitting the certified
19  copies of the proceedings in the estate to record in his
20  court and they shall be considered and treated from that
21  time as original proceedings in his court and shall be
22  conclusive evidence of the facts therein shown. If at such
23  hearing any creditor objects to the proceedings and shows
24  that the decedent is indebted to him, his claim not having

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 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.

 9 

10         Section 2.  This act is effective July 1, 2001.

11 

12                         (END)

 

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