§ 2-6-205 — Proof; wills not self-proving

Wyoming § 2-6-205

• Jurisdiction: Wyoming
• Title 02: Wills, Decedents' Estates and Probate Code
• Ch. 6: WILLS
• Art. 2: PROCEDURE FOR PROBATE

Text

(a) If the will is not self-proving, proof of a will may
be made by the oral or written testimony of one or more of the
subscribing witnesses to the will. If the testimony is in
writing, it shall be substantially in the following form,
executed and sworn to contemporaneously with the execution of
the will or at any time thereafter, whether before or after the
date of death of the testator:
In the District Court of Wyoming
In and for .................... County
In the Matter of the Estate of) Probate No. ....
.... Deceased ) Testimony of Subscribing
State of )ss Witness on Probate of Will
.... County )
I, ...., being first duly sworn, state:
I reside in the County of ...., State of ....; I knew the
testator on the ... day of ..., (year), the date of the
instrument, the original or exact reproduction of which is
attached hereto, now shown to me, and purporting to be the last
will and testament of the said ....; I am one of the subscribing
witnesses to said instrument; and on the said date of said
instrument, I knew ...., the other subscribing witness; and said
instrument was exhibited to me and to the other subscribing
witness by the testator, who declared the same to be his last
will and testament, and was signed by the testator at ...., in
the County of ...., State of ...., on the date shown in said
instrument, in the presence of myself and the other subscribing
witness; and the other subscribing witness and I then and there,
at the request of the testator, in the presence of said testator
and in the presence of each other, subscribed our names thereto
as witnesses.
Name of witness ....
Address ....
Subscribed and sworn to before me this .... day of...., (year).
Notary Public in and for ....
County of ....
State of ....
(SEAL)
(b) If it is desired to prove the execution of the will by
deposition rather than by use of the affidavit form provided in
subsection (a) of this section, upon application the clerk shall
issue a commission to some officer authorized by the law of this
state to take depositions, with the will annexed, and the
officer taking the deposition shall exhibit it to the witness
for identification, and, when identified by him, shall mark it
as "Exhibit ...." and cause the witness to connect his
identification with it as such exhibit. Before sending out the
commission the clerk shall make and retain in his office a true
copy of the will.
(c) If all of the witnesses are deceased or otherwise not
available, it is permissible to prove the will by the sworn
testimony of two (2) credible disinterested witnesses that the
signature to the will is in the handwriting of the person whose
will it purports to be, and that the signatures of the witnesses
are in the handwriting of the witnesses, or it may be proved by
other sufficient evidence of the execution of the will.