H.B. No. 0053

Wyoming Probate Code-summary procedure.

Sponsored By: Representative(s) Osborn, Ross and Simpson and Senator(s) Schiffer

AN ACT relating to probate; increasing the maximum value of an estate which may be subject to summary procedure; and providing for an effective date.

01/15/2002 Bill Number Assigned

02/11/2002 H Received for Introduction

02/15/2002 H Introduced and Referred to H01

ROLL CALL

Ayes: Representative(s) Baker, Boswell, Burns, Childers, Cohee, Deegan, Diercks, Edwards, Esquibel, Eyre, Gay, Hageman, Hessenthaler, Hines, Huckfeldt, Iekel, Illoway, Johnson, L., Johnson, W., Jones, Landon, Law, Lockhart, Luthi, McGraw, McMurtrey, McOmie, Meuli, Meyer, Miller, D., Morgan, Nagel, Nelson, Nicholas, Osborn, Parady, Paseneaux, Petersen, Philp, Reese, Robinson, Rose, Ross, Sadler, Samuelson, Shivler, Simons, Simpson, Slater, Stafford, Tempest, Thompson, Tipton, Tomassi, Warren, Wasserburger, Watt, Willford and Wostenberg.

Excused: Representative(s) Anderson, R.

Ayes 59 Nays 0 Excused 1 Absent 0 Conflicts 0

02/21/2002 H01 Recommended Do Pass

ROLL CALL

Ayes: Representative(s) Johnson, L., Landon, Luthi, Morgan, Rose, Simpson, Slater, Wasserburger and Watt

Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0

02/21/2002 H Placed on General File

02/27/2002 H Amendments Adopted

HB0053HW001/A

Page 1-line 2 After "procedure;" insert "providing a method for disposition of property in this state of an estate being probated in another state;".

Page 1-after line 5 Insert:

"Section 1. W.S. 2‑11‑202 is created to read:

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 one hundred fifty thousand dollars ($150,000.00), 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:

(i)  The petitioner files 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, notice to creditors showing that the time for filing claims has expired, and inventory of the Wyoming estate;

(ii)  The petitioner files a certified copy of an order authorizing sale or other disposition of Wyoming property issued by the court having jurisdiction over the estate being probated in another state;

(iii)  The district judge gives notice by publication for three (3) weeks of the intention of the petitioner to have the property located in this state subject to sale or other disposition; and

(iv)  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 and the order authorizing sale or other disposition of Wyoming property 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.

(b)  If on the day set for hearing the petition any creditor objects to the sale or other disposition of the Wyoming property, his claim not having been presented in the original state, the matter shall be postponed and the petition denied. 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.".

Page 1-line 7 After "Section" delete "1" and insert "2".

Page 5-line 9 After "Section" delete "2" and insert "3".

OSBORN, SIMPSON

02/27/2002 H Passed CoW

02/28/2002 H Passed 2nd Reading

03/01/2002 H Passed 3rd Reading

ROLL CALL

Ayes: Representative(s) Anderson, R., Baker, Boswell, Burns, Cohee, Deegan, Diercks, Edwards, Esquibel, Eyre, Gay, Hageman, Hessenthaler, Hines, Huckfeldt, Iekel, Illoway, Johnson, L., Johnson, W., Jones, Landon, Law, Lockhart, Luthi, McGraw, McMurtrey, McOmie, Meuli, Meyer, Morgan, Nagel, Nelson, Nicholas, Osborn, Parady, Paseneaux, Petersen, Philp, Reese, Robinson, Rose, Ross, Sadler, Samuelson, Shivler, Simons, Simpson, Slater, Stafford, Tempest, Thompson, Tipton, Tomassi, Warren, Wasserburger, Watt, Willford and Wostenberg.

Excused: Representative(s) Childers and Miller, D..

Ayes 58 Nays 0 Excused 2 Absent 0 Conflicts 0

03/04/2002 S Received for Introduction

03/04/2002 S Introduced and Referred to S01

03/06/2002 S01 Recommended Do Pass

ROLL CALL

Ayes: Senator(s) Hanes, Job, Meier, Schiffer and Sessions

Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0

03/06/2002 S Placed on General File

03/07/2002 S Passed CoW

03/08/2002 S Passed 2nd Reading

03/09/2002 S Passed 3rd Reading

ROLL CALL

Ayes: Senator(s) Anderson, J., Barton, Boggs, Case, Cathcart, Coe, Decaria, Devin, Geis, Goodenough, Hanes, Harris, Hawks, Hinchey, Job, Kinnison, Kunz, Larson, Massie, Meier, Miller, C., Mockler, Peck, Roberts, Schiffer, Scott, Sessions, Vasey and Youngbauer.

Nays: Senator(s) Erb

Ayes 29 Nays 1 Excused 0 Absent 0 Conflicts 0

03/09/2002 Assigned Number HEA No. 0036

03/11/2002 H Speaker Signed HEA No. 0036

03/11/2002 S President Signed HEA No. 0036

03/11/2002 Governor Signed HEA No. 0036

Chapter No. 0060 Session Laws of Wyoming 2002