§ 2-1-204 — Collection of claims of certain creditors of decedent by affidavit

Wyoming § 2-1-204

• 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) 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 four hundred
thousand dollars ($400,000.00);
(ii) Ninety (90) days have elapsed since the death of
the decedent;
(iii) No application for appointment of a personal
representative is pending or has been granted in any
jurisdiction;
(iv) To the best knowledge of the affiant, no
affidavit pursuant to W.S. 2-1-201, in connection with the
decedent, has been presented to any party referred to in W.S.
2-1-201;
(v) The facts concerning the creditor's claim being
made by the party on behalf of whom the affidavit is presented,
the total amount of the claim, and any payments received thereon
from any source whatsoever; and
(vi) That by presentation of the affidavit the party
on behalf of whom the affidavit is presented:
(A) Waives any immunities from suit or levy of
execution it might otherwise have;
(B) Agrees to indemnify and hold harmless from
all claims whatsoever any party delivering assets on the basis
of such affidavit, to the extent of the full value of the assets
so delivered; and
(C) Is answerable and accountable to a personal
representative of the estate, if appointed, or to any other
person or party having a superior right.
(b) When filed with the county clerk and a certified copy
thereof is presented to a party with custody of assets, the
affidavit shall be honored and shall have the effects as
provided for in W.S. 2-1-201(b), (c) and (d) and 2-1-202.
(c) If the total assets collected by a creditor designated
in this section, by virtue of the affidavit or affidavits,
exceed the net balance of the creditor's claim, then the
creditor shall:
(i) Pay the overplus to any other creditor who
proceeds properly under this section or, if there is no such
creditor;
(ii) Pay the overplus to the distributees named in an
affidavit prepared and presented pursuant to W.S. 2-1-201, or,
if none such be presented;
(iii) Obtain an order from the probate court which
would have jurisdiction were the estate being administered upon,
designating itself the agent pursuant to W.S. 2-15-101, and
thereupon proceed as provided in Chapter 15 of the Wyoming
Probate Code.