§ 2-6-122 — Petition and procedure for filing and probate of will without administration

Wyoming § 2-6-122

• Jurisdiction: Wyoming
• Title 02: Wills, Decedents' Estates and Probate Code
• Ch. 6: WILLS
• Art. 1: IN GENERAL

Text

(a) Concurrently with the filing with the clerk of a will
of a deceased person, or at any time thereafter prior to the
filing of a petition pursuant to W.S. 2-6-201 and prior to the
entry of any order by the court pursuant to W.S. 2-6-120 making
other provisions for the disposition of the will, any party who
would be entitled to letters testamentary under the provisions
of W.S. 2-6-208 may file with the clerk a sworn petition for
probate of will without administration. The petition shall show:
(i) The date and place of death of the decedent, and
county and state of last residence of the decedent;
(ii) The names, ages and residences of the heirs and
devisees of the decedent;
(iii) That a true copy of the will and a true copy of
the petition have been mailed to each of the heirs and devisees;
and
(iv) That the petition prays for probate of the will,
without administration.
(b) A filing fee for the petition shall be charged, equal
to the minimum fee applicable to proceedings under W.S. 2-6-203.
(c) Upon the filing of the petition, proceedings shall be
had as provided in W.S. 2-6-203 through 2-6-206, and order shall
issue and notices be given as provided in W.S. 2-6-209 if the
will is found entitled to probate, except that the order shall
not include the appointment of an executor, but recite that the
will is admitted to probate without administration.
(d) After the entry of the order admitting the will to
probate, the petitioner shall, at his own expense, cause to be
published once a week for three (3) consecutive weeks in a daily
or weekly newspaper of general circulation in the county in
which the probate was granted a notice in substantially the
following form:
State of Wyoming )
) In the District Court
) ....Judicial District
County of.... ) Probate No. ....
In the Matter of the) Notice of Proof of
Estate of ) Will Without
) Administration
......., Deceased. )
TO ALL PERSONS INTERESTED IN SAID ESTATE:
You are hereby notified that on the .... day of ....,
(year), the Last Will and Testament of Decedent was admitted to
probate by the above named court and there will be no present
administration of the estate. Any action to set aside the Will
shall be filed in the Court within three (3) months from the
date of the first publication of this notice, or thereafter be
forever barred.
Dated ...., (year).
Proponent .............
PUBLISH: (once a week for three (3) consecutive weeks)
(e) The provisions of W.S. 2-6-301 through 2-6-306 apply
to proceedings under this section.
(f) In the event administration of the estate is desired
at any later date, any party designated in W.S. 2-6-208, in the
order of preference set forth therein, may petition the court
for the issuance of letters testamentary.