§ 2-1-201 — Payment of indebtedness and delivery of tangible personal property or instruments evidencing debt

Wyoming § 2-1-201

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

Text

(a) Not earlier than thirty (30) days after the death of a
decedent, any person indebted to the decedent or having
possession of tangible personal property or an instrument
evidencing a debt, obligation, stock or chose in action
belonging to the decedent shall make payment of the indebtedness
or deliver the tangible personal property or the instrument
evidencing the debt, obligation, stock or chose in action to the
person or persons claiming to be the distributee or distributees
of the property or the attorney for the distributee or
distributees, upon being presented an affidavit, filed as
provided by subsection (c) of this section, made by or on behalf
of the distributee or distributees stating:
(i) The value of the entire estate located in Wyoming
subject to administration, either testate or intestate, less
liens and encumbrances, does not exceed four hundred thousand
dollars ($400,000.00);
(ii) Thirty (30) 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 in this state;
(iv) The person or persons claiming to be a
distributee or distributees are entitled to payment or delivery
of the property of the decedent; the facts concerning the
distributee's or distributees' relationship to the decedent and
concerning the legal basis upon which the distributee or
distributees claim entitlement to such property, including facts
regarding any intervening estates or other parties who may have
a claim of entitlement from the decedent and from whom the
applicant distributee or distributees claim and that there are
no other distributees of the decedent having a right to succeed
to the property under probate proceedings in any jurisdiction;
and
(v) If an application for appointment of a personal
representative has been made in a jurisdiction outside of
Wyoming:
(A) The name and address of the proposed or
appointed personal representative, the date of the application
and the date of any appointment; and
(B) The title of the proceedings and name of the
court and jurisdiction in which the application was made.
(b) The transfer agent for any security shall change the
registered ownership on the books of a corporation from the
decedent to the distributee or distributees upon presentation of
an affidavit as provided in subsections (a) and (c) of this
section.
(c) When the affidavit is filed with the county clerk and
a certified copy is presented to any person with custody of the
decedent's property or a holder of the decedent's property, the
affidavit shall be honored and have the effect as provided in
this section and W.S. 2-1-202.
(d) The county clerk of the county in which any vehicle is
registered shall transfer title of the vehicle from the decedent
to the distributee or distributees upon presentation of an
affidavit as provided in subsection (a) of this section.
(e) Upon presentation of an affidavit as provided in this
section, a person with custody of the decedent's property or a
holder of the decedent's property shall pay or deliver any of
the decedent's property held or on deposit in the sole name of
the decedent, together with the interest and dividends thereon,
to the distributee or distributees. A receipt for the payment by
the distributee or distributees or proof of delivery by the
custodian or holder of the decedent's property shall constitute
a valid and sufficient release and discharge for the payment or
delivery made.