§ 2-1-205 — Summary procedure for distribution of personal or real property; application for decree; notice by publication; presumptive evidence of title; effect of false statements

Wyoming § 2-1-205

• 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) If any person dies who is the owner of personal or
real property, including mineral interests, but whose entire
estate including personal property does not exceed four hundred
thousand dollars ($400,000.00), less liens and encumbrances, the
person or persons claiming to be the distributee or distributees
of the decedent may file, not earlier than thirty (30) days
after the decedent's death, an application for a decree of
summary distribution of property.
(b) The application shall be sworn to and signed by any
person claiming to be a distributee and shall state the facts
required by W.S. 2-1-201(a)(i) through (v). The application
shall also fully describe any real property, including any
mineral interests, being claimed.
(c) The application shall have attached thereto a sworn
report of value which may be based upon a broker's price opinion
as defined by W.S. 33-28-102(b)(lxii), made by a person who has
no legal interest in the estate, showing the value on the date
of the decedent's death of all interests owned by the decedent
in real property located in Wyoming, including mineral
interests.
(d) Subject to subsection (j) of this section, a notice of
application for a decree of summary distribution of property
shall be published once a week for two (2) consecutive weeks in
a newspaper of general circulation in the county in which the
application was filed. The notice of application shall be served
by first class mail to the last known address, with copy of
application attached, to the surviving spouse of the decedent,
if any, and to all other distributees, so far as known, or to
their guardians if any of them are minors, or to their personal
representatives if any of them are deceased and to any
reasonably ascertainable creditors not later than ten (10) days
after the date of first publication.
(e) If the decedent received medical assistance pursuant
to W.S. 42-4-101 through 42-4-114, the state department of
health shall be provided a copy of the application for a decree
within ten (10) days after the date of first publication.
(f) An objection to an application shall be filed before
the expiration of the later of twenty (20) days after the
mailing required by subsection (d) of this section or thirty
(30) days after the date of first publication. An untimely
objection is forever barred. If no timely objection is filed,
the court shall enter a decree establishing the right and title
to the property located in Wyoming. A certified copy of the
decree shall be recorded in the office of the county clerk of
each county in which the real property, including mineral
interests, is located. Upon recording of the decree, the decree
and the record thereof shall be presumptive evidence of title to
the property. If an objection to the application is filed within
the time provided in this subsection, the court shall set the
matter for a hearing, after which the court shall enter an order
either denying or granting the application.
(g) In the event that the decree is entered as the result
of an application containing a materially false statement, title
to the property which passes as a result of the decree shall not
be affected but the person or persons signing as distributee or
distributees and knowingly swearing to a materially false
statement in the application shall be subject to the appropriate
penalties for perjury. Any distributee who is damaged by an
application containing a material false statement may file an
action to amend the decree, and for damages. The action shall
be filed in the court in which the application was filed. Any
action under this paragraph is barred unless commenced within
two (2) years from the entry of the decree.
(h) The procedure provided by this section may be used in
addition to the affidavit procedure provided by W.S. 2-1-201.
(j) Notice to the agent or attorney of any party entitled
to notice under this section is notice to that party.
(k) Distributions of property under this article to a
person who claims title to the decedent's property through
intervening estates is authorized if the person is a distributee
as defined in W.S. 2-1-209.
(m) A distributee who has satisfied the requirements of
this section and W.S. 2-1-201 is entitled to a decree of summary
distribution and no further action under this title is required.