§ 2-1-202 — Effect; refusal to pay, deliver

Wyoming § 2-1-202

• Jurisdiction: Wyoming
• Title 02: Wills, Decedents' Estates and Probate Code
• Ch. 1: GENERAL PROVISIONS
• Art. 2: DISTRIBUTION BY AFFIDAVIT AND

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(a) The person having custody of the decedent's property
or a holder of the decedent's property:
(i) Paying, delivering, transferring or issuing
personal property or the evidence thereof pursuant to affidavit
is discharged and released to the same extent as if he dealt
with a personal representative of the decedent; and
(ii) Is not required to see to the application of the
personal property or evidence thereof or to inquire into the
truth of any statement in the affidavit.
(b) If any person having custody of the decedent's
property or a holder of decedent's property to whom an affidavit
is delivered refuses to pay, deliver, transfer or issue any
personal property or evidence thereof, the property may be
recovered or its payment, delivery, transfer or issuance
compelled upon proof of right in an action by or on behalf of
the persons entitled thereto. If an action is brought under this
subsection, the court shall award reasonable attorney's fees and
costs of the action to the plaintiff if the court finds that the
decedent's property was not paid, delivered, transferred or
issued within forty-five (45) days after presentation of the
affidavit under W.S. 2-1-201 unless the court finds just cause
for the refusal to pay, deliver or transfer the property.
(c) Any person to whom payment, delivery, transfer or
issuance is made is answerable and accountable to a personal
representative of the estate or to any other person having a
like or superior right.
(d) For purposes of this article, "holder" means any
person who is in possession of property of the decedent and
includes but is not limited to a security broker, security
dealer, bank, savings and loan institution, credit union or any
other like depository.