Chapter 7 - Administration Of Estates
CHAPTER 7 - ADMINISTRATION OF ESTATES
ARTICLE 1 - IN GENERAL
2-7-101. Presumption of death; how estate handled.
Whenany person leaves his usual place of abode and is not seen or heard from by hisrelatives or other persons reasonably expected to hear from him for a period ofseven (7) years, the person is presumed to be dead. If the person owned real orpersonal property in Wyoming, administration of the estate of the person may behad in the manner provided by law.
2-7-102. Penalty for administering without proving will or takingletters of administration.
Anyperson, except one acting under the provisions of W.S. 2-1-201 and 2-1-202, whoadministers the personal estate of any person dying after the passage of thisact, or any part thereof, without proving the will of the deceased or takingout letters of administration of such personal estate, shall be punished byimprisonment in the county jail not more than one (1) year or by a fine notexceeding five hundred dollars ($500.00) or both.
2-7-103. Personal representative to take possession of estate.
Thepersonal representative shall take possession of all of the estate of thedecedent, real and personal, and collect all debts due the decedent or theestate. For the purpose of bringing suit to quiet title or for partition of theestate, the possession of the personal representative is the possession of thedistributees. Possession by the distributees is subject to the possession ofthe personal representative for the purposes of administration as applied tothis chapter.
2-7-104. Actions maintainable by or against personal representatives;right generally.
Actionsfor the recovery of any property, real or personal, or for the possessionthereof, or for the destruction, wasting, conversion, injury, taking orcarrying away thereof, or to quiet title thereto, or to determine any adverseclaim thereon, and all actions founded upon contract, may be maintained by andagainst the personal representative in all cases in which the action might havebeen maintained by or against their respective testators or intestates.
2-7-105. Actions maintainable by or against personal representatives;actions for waste by representatives.
Personalrepresentatives may maintain actions against any person who has wasted,destroyed, taken or carried away, or converted to his own use, the goods oftheir testator or intestate in his lifetime. They may also maintain actions fortrespass committed on the real estate of the decedent in his lifetime.
2-7-106. Actions maintainable by or against personal representatives;actions for waste by representatives; against representatives.
Anyperson or his personal representative may maintain an action against thepersonal representative of any testator or intestate who in his lifetime haswasted, destroyed, taken or carried away, or converted to his own use, thegoods or chattels of any person, or committed any trespass on the real estateof the person, provided the person claiming to be damaged by the tortious actsof the decedent files a claim for the amount of the damages within the timelimited in the notice to creditors, and the claim is rejected.
2-7-107. Disposition of partnership business.
Whena partnership exists between the decedent at the time of his death and anyother person or persons, the surviving partner or partners may continue inpossession of the partnership and settle its business, but the interest of thedecedent in the partnership shall be included in the inventory and appraised asother property. The surviving partner or partners shall settle the affairs ofthe partnership without delay, account to the personal representative and paythe funds as from time to time are payable to him, in the right of thedecedent.
2-7-108. Actions on bond of former representatives.
Apersonal representative may, in his own name, for the use and benefit of allparties interested in the estate, maintain actions on the bond of any formerpersonal representative or special order for the same estate.
2-7-109. Compromise of claims; owed to estate.
Whenit appears for the best interest of the estate, the fiduciary may, subject toapproval of the court, effect a compromise with any debtor or other obligor, orextend, renew or in any other manner modify the terms of any obligation owingto the estate. If the fiduciary holds a mortgage, pledge or other lien uponproperty of another person, he may, in lieu of foreclosure, accept a conveyanceor transfer of the encumbered assets from the owner thereof in satisfaction ofthe indebtedness secured by the lien, if it appears for the best interests of theestate and if the court so orders.
2-7-110. Compromise of claims; against estate.
Whena claim against an estate has been filed, or suit thereon is pending, thecreditor and the fiduciary may, if it appears for the best interests of theestate, subject to approval of the court, compromise the claim, whether it isdue or not due, absolute or contingent, liquidated or unliquidated.
ARTICLE 2 - NOTICES
2-7-201. Admission of will or estate to probate and appointment ofpersonal representative; contents; form.
Uponadmission of a will or an estate of an intestate decedent to probate andissuance of letters, the personal representative shall cause to be publishedonce a week for three (3) consecutive weeks in a daily or weekly newspaper ofgeneral circulation in the county in which the probate is pending, a notice ofadmission of the will or estate to probate and of the appointment of thepersonal representative. The notice shall state that any action to set asidethe probate of the will shall be brought within three (3) months from the dateof the first publication of the notice or thereafter be barred. The publicationshall include a notice to debtors to make payment and to creditors havingclaims against the decedent to file them with the necessary vouchers in theoffice of the clerk of court from which the letters were issued within three(3) months from the date of the first publication of the notice, or thereafterbe forever barred. The notice required by this section shall be substantiallyin the following form:
State of Wyoming ) In theDistrict Court
)ss ....Judicial District
County of .... ) ProbateNo. ....
In the Matter of the Estate )
)
of ) Noticeof Probate
)
...., Deceased. )
TO ALL PERSONS INTERESTED IN SAID ESTATE:
You are hereby notified that on the .... day of ...., (year), theestate of the above named decedent was admitted to probate by the above namedcourt, and that .... was appointed personal representative thereof. or -
You are hereby notified that on the .... day of ...., (year), theLast Will and Testament of decedent was admitted to probate by the above namedcourt, and .... was appointed personal representative thereof. Any action toset aside the Will shall be filed in the Court within three months from thedate of the first publication of this notice, or thereafter be forever barred.
Notice is further given that all persons indebted to the decedent orto his Estate are requested to make immediate payment to the undersigned at...., Wyoming.
Creditors having claims against the decedent or the estate arerequired to file them in duplicate with the necessary vouchers, in the officeof the Clerk of said Court, on or before three months after the date of thefirst publication of this notice, and if such claims are not so filed, unlessotherwise allowed or paid, they will be forever barred.
Dated ...., (year). Personal Representative ....
PUBLISH: (once a week for 3 successiveweeks).
2-7-202. Public auction of real or personal property; contents.
(a) When a sale of real or personal property of a decedent isordered and is to be made at public auction, notice of the time and place ofsale shall be published in a daily or weekly newspaper of general circulationin the county in which the probate is pending and in the county in which suchproperty is situate once a week for three (3) consecutive weeks next before thesale, except in the case of perishable and other personal property likely todepreciate in value or which will incur loss by being kept, and as much otherpersonal property as may be necessary to pay the allowance made to the familyof the decedent.
(b) Notice shall set forth the time and place of sale and adescription of the property offered for sale, and may provide that any and allbids may be rejected by the personal representative.
(c) A copy of the notice shall also be mailed as provided inW.S. 2-7-205.
2-7-203. Order to show cause for setting off exempt property; form.
(a) The order to show cause shall be published once in anewspaper of general circulation in the county in which the probate is pending,and a copy of the order shall be mailed by the personal representative to eachheir and beneficiary. The publication and mailing shall be not less than ten (10)days prior to the date set for hearing.
(b) The publication and notice may be combined with the noticeopening the probate but the hearing on the order shall not be held prior to ten(10) days after the filing of the appraisement.
(c) The notice shall be substantially in the following form:
State of Wyoming ) Inthe District Court
)ss
County of .... ) ....Judicial District
Probate No. ...
In the Matter ofthe Estate )
)
of ) Order to Show Cause
...., Deceased. )
Petition having been filed in this Courtpraying to have the exempt property of the Estate, including homestead, setover to the person or persons entitled thereto.
Now, therefore, it is hereby ordered thatall persons interested appear before this Court sitting in ...., Wyoming, onthe .... day of ...., (year), at the hour of .... o'clock in the .... room, toshow cause why the exempt property should not be set over to the person orpersons entitled thereto.
It is further ordered that a copy of thisOrder be published on the .... day of .... (year), in a newspaper of generalcirculation and that copies of this Order be mailed to the heirs andbeneficiaries of the decedent not less than ten (10) days prior to the date setfor said hearing.
Dated this .... day of ...., (year). BYTHE COURT:
PUBLISH: Judge....
2-7-204. Final account and petition for distribution; form.
(a) When an estate is in condition for final settlement, butnot less than three (3) months after the date of the first publication of thenotice of opening the probate, the personal representative shall give noticethat he has filed in the office of the clerk of court a final account andpetition for distribution, where anyone interested may examine and fileobjections thereto in writing at any time within ten (10) days after the daymentioned in the notice, naming the last day on which any objections may befiled. The notice shall state if no objections are filed within the timeallowed, he shall make final settlement of the estate on the day following thelast day for filing objections or as soon thereafter as the matter may beheard.
(b) The notice shall be substantially in the following form:
NOTICE OF FINAL SETTLEMENT OF ESTATE
Stateof Wyoming )
)ss Probate No.....
Countyof .... )
To all personsinterested in the Estate of ...., deceased, take notice that the undersignedPersonal Representative did, on the .... day of ...., (year), file in theoffice of the Clerk of the District Court, .... Judicial District, in saidCounty and State, his Final Account and Petition for Distribution of theEstate, a copy of which is hereby delivered to you, and upon examination of theAccount and Petition you may file objections thereto in writing with the Clerkat any time on or before the .... day of ...., (year).
If no objections arefiled thereto, the Personal Representative will make final settlement of theEstate on the .... day of ...., (year), or as soon thereafter as the matter maybe heard.
Dated the .... day of ...., (year).
Personal Representative ....
2-7-205. Parties entitled to receive.
(a) A true copy of the notice required in W.S. 2-7-201 shall bemailed by ordinary United States mail, first class, to:
(i) The surviving spouse, if any, and to all of the heirs atlaw of the decedent and to all of the beneficiaries named in the will of thedecedent. The mailings shall be made not later than one (1) week after thefirst publication of the notice in the newspaper;
(ii) Each creditor of the decedent whose identity is reasonablyascertainable by the personal representative within the time limited in thenotice to creditors. The mailing shall be made not later than thirty (30) daysprior to the expiration of three (3) months after the first publication of thenotice in the newspaper; and
(iii) The state department of health if the decedent receivedmedical assistance pursuant to W.S. 42-4-101 through 42-4-114.
(b) Unless waived in writing by the parties entitled thereto,the notices required in W.S. 2-7-202, 2-7-203, 2-7-204, 2-7-615, 2-7-806,2-7-807 and 2-7-811 shall be mailed not less than ten (10) days prior to theday of hearing, the date for filing objections, or sale, as the case may be, tothe surviving spouse, if any, and to all of the heirs of a decedent dyingintestate or to all of the beneficiaries named in the will of a decedent dyingtestate.
(c) Notice of all intended sales of real property not requiringan order of the court shall be mailed or delivered not less than ten (10) daysprior to the sale to the surviving spouse, if any, and to the heirs of adecedent dying intestate or to all of the beneficiaries named in the will of adecedent dying testate.
2-7-206. Proof by affidavit; filing thereof.
(a) The proof of publication of the notices required in W.S.2-7-201, 2-7-202 and 2-7-203 shall be by affidavit of the publisher.
(b) The proof of mailing or delivery of all notices required inW.S. 2-7-201, 2-7-202, 2-7-203, 2-7-204 and 2-7-205 shall be by affidavit ofthe personal representative or his attorney.
(c) The affidavits for proof of publication and mailing noticesshall be filed with the clerk of court from which the letters were issued.
ARTICLE 3 - TEMPORARY ADMINISTRATION
2-7-301. Appointment of special administrator; when to be made.
Whenthere is delay in granting letters from any cause, or when the letters aregranted irregularly, or no sufficient bond is filed as required, or when noapplication is made for letters, or when a personal representative dies or issuspended or removed, the district court shall appoint a special administratorto collect and take charge of the estate of the decedent in whatever county orcounties the estate assets may be found, and to exercise all powers necessary forthe preservation of the estate.
2-7-302. Appointment of special administrator; entry of order andissuance of letters.
Theappointment may be made at any time without notice. Appointment shall be madeby entry upon the minutes of the court specifying the powers to be exercised bythe special administrator. Upon entry of the order and filing of the requiredbond, the clerk shall issue letters to the person in conformity with the order.
2-7-303. Appointment of special administrator; preferences; appealprecluded.
Inmaking the appointment of a special administrator, the court or officer shallgive preference to the person entitled to letters but no appeal to the supremecourt shall be allowed from the appointment.
2-7-304. Special administrator; surety and oath.
Beforeany letters are issued to any special administrator, he shall provide suchsurety as the court or officer directs. He shall take the usual oath and havethe oath endorsed on his letters.
2-7-305. Special administrator; powers and duties; no liability tocreditors.
Thespecial administrator shall collect and preserve for the personalrepresentative all goods, chattels, debts and effects of the decedent, and allincomes, rents, issues and profits, claims and demands of the estate. He shalltake the charge and management of, enter upon, and preserve from damage, wasteand injury, the real estate. For any and all necessary purposes he may commenceand maintain or defend suits and other legal proceedings as an administrator.He may sell the perishable property as the court or officer may order to besold, and exercise such other powers as are conferred upon him by hisappointment, but in no case is he liable to any creditor on a claim against thedecedent.
2-7-306. Special administrator; cessation of powers.
Whenletters on the estate of the decedent have been granted, the powers of thespecial administrator cease, and he shall forthwith deliver to the personalrepresentative all the property and effects of the decedent in his hands, andthe personal representative may prosecute to final judgment any suit commencedby the special administrator.
2-7-307. Special administrator; rendition of account.
Thespecial administrator shall render an account, on oath, of his proceedings, in likemanner as other personal representatives are required to do.
ARTICLE 4 - MARSHALLING ASSETS
2-7-401. Personal representative entitled to possession of allproperty; duty to repair; actions by heirs for possession or to quiet title.
Thepersonal representative is entitled to possession of all real and personalestate of the decedent, and to receive the rents and profits of the real estateuntil the estate is settled or until delivery by order of the court to theheirs or beneficiaries. He shall keep in good repair all houses, buildings andfixtures under his control. The heirs or beneficiaries may themselves orjointly with the personal representative maintain an action for possession ofthe real estate or for quieting title to the same, against anyone except thepersonal representative, but this section shall not be so construed asrequiring them to do so.
2-7-402. Title to decedent's property; subject to administration andpayment of debts; priorities.
Exceptas otherwise provided in this code, when a person dies the title to hisproperty, real and personal, passes to the person to whom it is devised by hislast will, or in the absence of such disposition to the persons who succeed tohis estate as provided in this code. However all of his property is subject tothe possession of the personal representative and to the control of the courtfor the purposes of administration, sale or other disposition under theprovisions of law, and his property, except homestead and other exemptproperty, is chargeable with the payment of debts and charges against hisestate. There is no priority between real and personal property, except asprovided in this code or by the will of the decedent.
2-7-403. Return of inventory of estate by representative; failure tocomply; disposition of fines.
(a) Every personal representative shall make and return to thecourt within one hundred twenty (120) days after his appointment a trueinventory upon his oath, of all the estate of the decedent, including thehomestead, if any, which has come to his possession or knowledge. If thepersonal representative does not file such inventory within one hundred twenty(120) days, he shall show the court good cause for his delay and the courtshall determine whether or not an extension of time shall be allowed. Forfailure to comply in good faith with the time limitations set forth, thepersonal representative shall be adjudged in contempt of court, and a fineimposed and other enforcement entered as the court in its discretion determines.Any fine assessed shall be paid into the corpus of the estate.
(b) Anything herein to the contrary notwithstanding, in allcases to which W.S. 2-5-101 applies, the inventory shall be filed not more thanseventy-five (75) days after the will has been admitted to probate.
2-7-404. Report of appraisal; verification of values of estateassets.
(a) Within one hundred twenty (120) days after the timelyfiling by the personal representative of the inventory of assets of the estateof the decedent, pursuant to W.S. 2-7-403, the personal representative shallfile under oath a report of appraisal of values of estate assets listed in theinventory. The report shall be in compliance with such of the followingrequirements as may be applicable:
(i) As to all assets listed in the inventory which have areadily determinable market value, the value of each asset as of date of deathshall be stated in writing by one (1) disinterested person;
(ii) As to all assets listed in the inventory that do not have areadily determinable market value, the personal representative shall employdisinterested persons to determine the fair market value of each such asset, asof the date of death. A separate written report as to the value of each asset,showing the appraiser's basis for arriving at the value, shall be attached tothe report.
(b) Different persons may be employed to appraise or determinethe value of different assets included in the estate.
(c) The report, with any attachments required by this section,shall be filed with the clerk of court.
(d) The amount of the fee to be paid to any appraiser, or anyperson making the required statement, shall be within the discretion of thepersonal representative, subject only to the provisions of W.S. 2-7-802(a) asto reasonableness and approval at the hearing of the final report andaccounting of the personal representative.
2-7-405. Repealed by Laws 1985, ch. 15, 2.
2-7-406. Repealed by Laws 1985, ch. 15, 2.
2-7-407. Effect of naming debtor as personal representative.
Thenaming of a debtor as personal representative does not discharge him from anyjust claim which the testator has against him. The claim shall be included inthe inventory and the personal representative is liable for the same when the debtor demand becomes due.
2-7-408. Discharge or bequest of debt or demand not valid againstcreditors.
Thedischarge or bequest in a will of any debt or demand of the testator againstthe personal representative named or any other person is not valid against thecreditors of the decedent, but is a specific bequest of the debt or demand. Itshall be included in the inventory and if necessary applied in the payment ofthe debts. If not necessary for that purpose, it shall be paid in the samemanner and proportion as other specific legacies.
2-7-409. Failure to file inventory or appraisement.
Ifa personal representative neglects or refuses to file either the inventory orappraisement within the time prescribed or within such further time which thecourt shall for reasonable cause allow, the court or commissioner may, uponnotice, in addition to all other remedies and penalties provided in this code,revoke the letters and the personal representative is liable on his bond forany injury to the estate or rights of any person interested therein arisingfrom such failure.
2-7-410. Appraisement of after-discovered property; filing;enforcement.
Wheneverproperty not mentioned in any inventory comes to the possession or knowledge ofthe personal representative, he shall cause the same to be appraised in themanner prescribed and an appraisement thereof filed within one (1) month afterthe discovery. The making of the appraisement may be enforced, after notice, byany and all remedies provided by this code.
2-7-411. Liability for embezzlement or alienation of monies beforeletters granted.
Ifany person, before the granting of letters embezzles or alienates any of themonies, goods, chattels or effects of a decedent he is chargeable therewith andliable to an action by the personal representative of the estate for double thevalue of the property embezzled or alienated, for the benefit of the estate.
2-7-412. Citation to persons suspected of having concealed monies;generally.
Ifany personal representative or other person interested in the estate of adecedent complains to the court in writing, verified by oath, that any personis suspected of having concealed, embezzled, smuggled, conveyed away ordisposed of any monies, goods or chattels of the decedent or in which he had aninterest, or has in his possession or knowledge any deeds, conveyances, bonds,contracts or other writings which contain evidence of or tend to disclose theright, title, interest or claim of the decedent to any real or personal estateor any claim or demand, or any lost will, the court shall cite the person toappear before the court and shall examine him on oath upon the matter of thecomplaint. If the person is not in the county where the decedent died or whereletters have been granted he may be cited and examined either before the courtof the county where he is found or before the court of the county where thedecedent died or where letters have been granted. But if in the latter case heappears and is found innocent his necessary expenses shall be allowed him outof the estate.
2-7-413. Citation to persons suspected of having concealed monies;failure to appear or answer; disclosure order; proceedings generally.
(a) If the person cited refuses to appear and submit to an examinationor to answer interrogatories put to him touching the matters of complaint, thecourt may commit him to the county jail until he submits to the order of thecourt or is discharged according to law. If upon examination it appears that hehas concealed, embezzled, smuggled, conveyed away or disposed of any monies,goods or chattels of the decedent or has in his possession or knowledge anydeeds, conveyances, bonds, contracts or other writings containing evidence ofor tending to disclose the right, title, interest or claim of the decedent toany real or personal estate, claim or demand, or any lost will of the decedent,an order may be made requiring the person to disclose his knowledge thereof tothe personal representative and he may be committed to the county jail untilthe order is complied with or he is discharged according to law.
(b) All interrogatories and answers shall be in writing, signedby the party examined and filed in the court. The order for disclosure madeupon the examination is prima facie evidence of the right of the personalrepresentative to the property in any action brought for the recovery thereof.Any judgment recovered shall be for double the value of the property asassessed by the court, or for return of the property and damages in additionthereto equal to the value of the property. In addition to the examination ofthe party, witnesses may be produced and examined on either side.
2-7-414. Citation of persons entrusted with monies for accounting.
Uponthe complaint on oath of any personal representative, the court shall cite anyperson who has been entrusted with any part of the estate of the decedent toappear before the court and require him to render a full account of any monies,goods, chattels, bonds, accounts or other property or papers belonging to theestate which have come to his possession in trust for the personalrepresentative, and of his proceedings thereon. If the person cited refuses toappear and render the account he shall be proceeded against as provided in W.S.2-7-413.
ARTICLE 5 - PROPERTY ALLOWANCE FOR SURVIVING SPOUSE AND MINORCHILDREN
2-7-501. Right to homestead and support; "homestead"defined.
(a) When a person dies leaving a spouse or minor children, thespouse or minor children are entitled to remain in possession of the homestead,all wearing apparel of the family, and all household furniture of the decedentuntil letters are granted and the inventory is returned. The widow or minorchildren are also entitled to a reasonable provision for their support, to beallowed by the court.
(b) When any person dies seized of a homestead, leaving aspouse or minor children, the spouse or minor children are entitled to thehomestead. If there is neither spouse nor minor children the homestead isliable for the debts of the decedent.
(c) "Homestead" includes that property referred to inW.S. 2-7-507 to the extent in value stated in W.S. 2-7-508.
2-7-502. Extra allowance for maintenance of family.
Ifthe amount set apart is insufficient for the support of the widow and children,or either, the court shall make such reasonable allowance out of the estate asis necessary for the maintenance of the family according to their circumstancesduring the settlement of the estate.
2-7-503. Preference and payment of allowances; exceptions.
Allowancesmade shall be paid in preference to all other charges except funeral expensesand cost of administration. Any such allowance, whenever made, may in thediscretion of the court take effect from the death of the decedent. Thissection shall not be construed so as to invalidate any mortgage or lien ofrecord against decedent's property.
2-7-504. Absolute property of surviving spouse and minor children;exceptions; renouncement of will of no effect.
Whenany resident of this state dies leaving a spouse or minor children, the courtshall set over to the spouse, and if none to the minor children, as theirabsolute property, all property of the decedent exempt from execution under theexemption laws of this state including the homestead. Such property shall notbe subject to the payment of debts of the decedent, except expenses ofadministration or funeral expenses of the decedent in cases in which there isnot other property in the estate sufficient to pay the expenses. If [the]decedent does not have any or all of the property specified under the exemptionlaws, the spouse or minor children are entitled to the value of the exemptproperty either in money or other property as they may prefer. If the survivingspouse is not the parent of all or any minor children, one-half (1/2) of theproperty shall be set over to the surviving spouse and the other one-half (1/2)to the minors who are not children of the survivor. A conservator shall beappointed for the children as in any other cases of estate property descendingto a minor. The right of a surviving spouse to any of the exempt property isnot affected by his or her renouncing or failing to renounce the benefit of theprovisions made for him or her in the will of the decedent.
2-7-505. Procedure for setting off exempt property.
Anytime during the administration of an estate and after the first publication ofnotice of opening the probate and the filing of the appraisement, any personinterested may file a petition showing the necessary facts and praying to havethe exempt property of the estate including the homestead set over to theperson or persons entitled thereto. Upon filing of the petition, the courtshall require all persons interested to appear on a day certain to show causewhy the exempt property should not be set over to the person or personsentitled thereto. The order shall be published once in a newspaper of generalcirculation in the county in which the probate is pending and a copy of the orderto show cause shall be mailed by the personal representative to each heir andbeneficiary. The publication and mailing shall be not less than ten (10) daysprior to the date set for the hearing. At the time set for the hearing or towhich the hearing is continued, the court shall hear the evidence and make suchorder as the facts and law require. If the whole estate of the decedent isfound to be exempt and is set over to the person or persons entitled thereto,no further proceeding is required in the administration of the estate unlessfurther estate is discovered. The publication and notice may be combined withand included in the notice of opening the probate, but the hearing shall not beheld less than ten (10) days after the filing of the appraisement.
2-7-506. Homestead to be set apart by court; payment of liens orencumbrances.
Ifthe homestead held prior to the death of the decedent is returned in theappraisement at a value not exceeding the value of the homestead exemptionprovided in W.S. 2-7-508, the court shall order it set off to the personsentitled thereto. If there are liens or encumbrances on the homestead and ifthe funds of the estate are adequate to pay all claims against the estate, allclaims against the estate and any liens or encumbrances on the homestead,whether filed or presented or not, if known or made known to the personalrepresentative, shall be paid out of the funds. If the funds of the estate arenot sufficient for that purpose, liens or encumbrances shall be paid proportionatelywith other claims allowed, and the liens or encumbrances on the homestead shallonly be enforced against the homestead for any deficiency remaining after thepayment.
2-7-507. Duty of appraisers to appraise and divide homestead.
Ifthe homestead is returned in the appraisement at more than the value of thehomestead exemption set forth in W.S. 2-7-508, the appraisers shall determinewhether the premises can be divided without material injury. If they can bedivided, the appraisers shall admeasure and set apart to the parties entitledthereto the portion of the premises, including the dwelling house, as willamount in value to the homestead exemption and make report thereof giving themetes, bounds and full description of the portion set apart as a homestead. Ifthe appraisers find that the premises exceed in value the homestead exemptionand the premises cannot be divided without material injury, they shall reportthe finding, and thereafter the court may make an order for the sale of thepremises and the distribution of the proceeds to the parties entitled thereto.
2-7-508. Amount of homestead exemption.
Wheresoeverin the Probate Code the limit of the homestead exemption is established orreferred to, the exemption is thirty thousand dollars ($30,000.00).
2-7-509. Costs of proceedings; homestead exempt from claims againstestate.
Thecosts of all proceedings provided for in W.S. 2-7-501 through 2-7-508 shall bepaid by the estate as expenses of administration. Persons succeeding by purchaseor otherwise to the interests, rights and title of successors to homesteads orto the right to have homesteads set apart to them, shall take the homesteadexempt from claims against the estate of the decedent.
ARTICLE 6 - SALE AND OTHER DISPOSITION OF PROPERTY
2-7-601. When conveyance required; generally.
Whena person who is bound by contract in writing to convey any real estate diesbefore making the conveyance, and in all cases when the decedent, if living,might be compelled to make the conveyance, the court may order his personalrepresentative to convey the real estate to the person entitled thereto.
2-7-602. When conveyance required; time and place for hearing;notice.
Onpresentation of a verified petition by any person claiming to be entitled tothe conveyance from a personal representative setting forth the facts uponwhich the claim is predicated, the court shall appoint a time and place forhearing the petition and notice thereof shall be personally served on thepersonal representative.
2-7-603. When conveyance required; hearing.
Atthe hearing all persons interested in the estate may appear and contest thepetition by filing their objections in writing. The court may examine, on oath,the petitioner and all before him for that purpose.
2-7-604. When conveyance required; order for conveyance; journalentry.
Ifafter hearing and examination of the claim the court is satisfied thepetitioner is entitled to a conveyance of the real estate described in thepetition, an order directing the personal representative to execute aconveyance thereof to the petitioner shall be made and entered on the journalof the court.
2-7-605. When conveyance required; execution.
Thepersonal representative shall execute the conveyance according to thedirections of the order.
2-7-606. When conveyance required; dismissal of petition; specificperformance.
Ifupon hearing the right of the petitioner to have specific performance of thecontract is found to be doubtful, the court shall dismiss the petition withoutprejudice to the right of the petitioner, who may at any time within two (2)months thereafter proceed by action to enforce specific performance thereof.
2-7-607. When conveyance required; title to pass.
Everyconveyance made in pursuance of an order or decree as provided in W.S. 2-7-601or 2-7-604 shall pass title to the estate contracted for as fully as if thecontracting party himself was still living and executed the conveyance.
2-7-608. When conveyance required; right of successor to enforce.
Ifthe person entitled to the conveyance dies before the commencement orcompletion of proceedings therefor, any person entitled to succeed to hisrights in the contract, or the personal representative of the decedent, may,for the benefit of the person so entitled, commence the proceedings orprosecute any already commenced. The conveyance shall be so made as to vest theestate in the person entitled to it or in the personal representative for hisbenefit.
2-7-609. When power given in will.
Whenpower to sell, mortgage, lease, pledge or exchange property of the estate isgiven to any personal representative under the terms of a will, the statutoryrequirements for such purposes do not apply.
2-7-610. Equitable conversion; effect thereof.
Atestamentary direction to sell real property, or the exercise of a testamentarypower of sale of real property constitutes an equitable conversion of realestate into personal property, but shall not affect distribution of the estateunder the provisions of the will.
2-7-611. When real property deemed personalty; when personalty deemedreal property.
(a) Real property acquired by the personal representative bythe completion of foreclosure proceedings or by the forfeiture of real estatecontracts after the death of the decedent is deemed to be personal property forthe purpose of administration and distribution of the estate.
(b) In all cases of sale of real property by a personalrepresentative under order of court, the surplus of the proceeds of saleremaining after the payment of debts and charges is deemed to be real propertyand shall be disposed of in the same proportions as the real property wouldhave been if it had not been sold.
2-7-612. Purposes for which realty or personalty may be sold; exemptpersonal property and homestead.
(a) Any real or personal property belonging to the decedentexcept exempt personal property and the homestead may be sold, mortgaged,pledged, leased or exchanged by the personal representative for any of thefollowing purposes:
(i) The payment of debts and charges against the estate;
(ii) The distribution of the estate or any part thereof;
(iii) Any other purpose in the best interests of the estate.
(b) Exempt personal property under such provisions as the courtmay direct, if not set off to the surviving spouse or issue may be sold,mortgaged, pledged, leased, or exchanged, if the surviving spouse or issueconsents thereto.
(c) The homestead, under such provisions as the court maydirect, if not set off to the surviving spouse or issue, may be sold,mortgaged, pledged, leased or exchanged.
(d) The proceeds from the sale of any exempt personal propertyor from the sale of the homestead shall be held by the personal representativesubject to the rights of the surviving spouse or issue unless the survivingspouse or issue has expressly waived his rights to the proceeds.
2-7-613. Sale of personalty without court order.
Personalproperty of a perishable nature and personal property for which there is aregularly established market may be sold by the personal representative withoutorder of court.
2-7-614. Petition to sell; generally.
Apetition to sell, mortgage, exchange, pledge or lease any real or personalproperty shall set forth the reasons for the petition and describe the propertyinvolved. It may apply for different authority as to separate parts of theproperty, or it may apply in the alternative for authority to sell, mortgage,exchange, pledge or lease. Whenever it is for the best interests of the estate,real and personal property of the estate may be sold, mortgaged, exchanged,pledged or leased as a unit.
2-7-615. Petition to sell; notice and hearing; exception; courtorder.
Uponfiling of the petition, the court shall fix the time and place of hearing ofthe petition, and the personal representative shall give notice of the hearingas provided in W.S. 2-7-205, but as to personal property and as to the lease ofreal property not specifically devised for a period of not to exceed one (1)year, the court may hear the petition without notice. In those instances wherenotice is required, the notice shall state briefly the nature of the petition.At the hearing and upon satisfactory proof the court may order the sale,mortgage, exchange, pledge or lease of the property described or any partthereof at such price and upon such terms and conditions as the court mayauthorize.
2-7-616. Sale subject to mortgage.
Whena claim is secured by a mortgage on property, the court, with the consent ofthe mortgagee, may order the sale of the property subject to the mortgage, andthe consent shall release the estate should a deficiency later appear.
2-7-617. Extension of credit in sales.
Inall sales of property, the court may authorize credit to be given by thepersonal representative on such terms as the court may prescribe. Credit formore than twelve (12) months shall be extended only after hearing pursuant tonotice to interested parties.
2-7-618. Purchase by holder of lien.
Atany sale of real or personal property upon which there is a mortgage, pledge orother lien, the holder of the lien may become the purchaser, and may apply theamount of his lien on the purchase price. If no claim thereon has been filed orallowed, the court, at the hearing on the report of sale and for confirmationof the sale, may examine into the validity and enforceability of the lien orcharge and the amount due thereunder and secured thereby, and may authorize thepersonal representative to accept the receipt of the purchaser for the amountdue thereunder and secured thereby as payment pro tanto. If the mortgage,pledge or other lien is a valid claim against the estate and has been allowed,the receipt of the purchaser for the amount due him from the proceeds of thesale is a payment pro tanto. If the amount for which the property is purchased,whether or not a claim for it has been filed or allowed, is insufficient todefray the expenses and discharge his mortgage, pledge or other lien, thepurchaser shall pay an amount sufficient to pay the balance of the expenses.Nothing permitted under this section shall be deemed to be an allowance of aclaim based upon such mortgage, pledge or other lien.
2-7-619. Bond to prevent sale; liability for breach; effect ofcompliance.
(a) Any person interested in the estate may prevent a sale,mortgage, pledge, exchange or lease of the whole or any part of the real estateor personal property for any purpose by giving bond to the satisfaction of thecourt, conditioned that he will pay such demands against the estate as thecourt shall require not to exceed the value of the property thus kept fromsale, mortgage, pledge, exchange or lease as soon as called upon by the courtfor that purpose.
(b) If the conditions of the bond are broken the property willbe liable for the debts unless it has passed into the hands of innocentpurchasers, and the personal representative may take possession thereof andsell it under the direction of the court, or he may prosecute the bond, orpursue both remedies at the same time if the court so directs.
(c) If the conditions of the bond are complied with theproperty shall pass by devise, bequest, distribution or descent as though therehad been no debts against the estate.
2-7-620. Collateral attacks precluded.
Noproceedings for sale, mortgage, pledge, lease, exchange or conveyance by apersonal representative of property belonging to the estate is subject tocollateral attack on account of any irregularity in the proceedings which donot deprive the court of jurisdiction.
2-7-621. Order for sale, generally.
Theorder shall describe the property to be sold, mortgaged, pledged, exchanged orleased and may designate the sequence in which the several parcels shall besold, mortgaged, pledged, exchanged or leased. An order for sale may directwhether the property shall be sold at private sale or public auction, and theplace or places of sale. The order of sale may prescribe the terms, conditionsand manner of sale. The court may provide for appraisal for its guidance as tovalue of the property, and determine whether or not additional bond shall bedeposited by the personal representative. If real property is to be mortgaged,the order may fix the maximum amount of principal, the earliest and latestdates of maturity and the purposes for which the proceeds shall be used. Anorder for sale, mortgage, pledge, exchange or lease shall remain in force untilterminated by the court.
2-7-622. Notice of auction required.
Inall sales of property at public auction the personal representative shall givenotice as provided in W.S. 2-7-202.
2-7-623. Adjournment of sale.
Thepersonal representative may adjourn any sale when in his discretion it isdeemed for the best interests of the estate, but no adjournment shall be to atime more than three (3) months from the date first fixed for the sale. Everyadjournment shall be announced publicly at the time and place at whichadjournment is made.
2-7-624. Verified report required; confirmation of sale, by court;hearing may be ordered.
(a) After making any sale, mortgage, exchange or lease of realproperty, the personal representative shall make a verified report thereof tothe court. The court shall examine the report and if satisfied that the sale,mortgage, exchange or lease has been at a price and upon terms advantageous tothe estate and in all respects made in conformity with law, and that it oughtto be confirmed, shall confirm the sale, mortgage, exchange or lease and orderthe personal representative to deliver a deed, mortgage, lease or other properinstruments to the person entitled thereto.
(b) If the real property has been sold at private sale withoutan appraisal for purpose of sale, or if it has been appraised and has beensold at private sale for less than the appraised value, upon filing of thereport the court may enter an order fixing a time and place for [a] hearing anda notice of the hearing shall be served upon all interested persons. Prior tothe time fixed for the hearing, any person receiving notice may file writtenobjections to the entry of an order approving the sale. If the court is notsatisfied that the sale, mortgage, exchange or lease has been made inconformity with law and that it is in the best interests of the estate, it mayreject the sale, mortgage, exchange or lease and enter an order it deemsadvisable.
2-7-625. Joining report with petition.
Thereport of any private sale, mortgage, exchange or lease of real property, asprovided in W.S. 2-7-624 may be joined with the petition provided in W.S.2-7-614.
2-7-626. Recording.
Whenreal property is conveyed, encumbered or leased, the personal representativeshall file a certified copy of the order of court entered under W.S. 2-7-624together with the instrument of conveyance, encumbrance or lease in the officeof the county clerk of the county or counties in which the real estate islocated.
2-7-627. Optional procedure.
Inthose instances to which W.S. 2-3-501 through 2-3-504 are applicable, the personalrepresentative may proceed thereunder or proceed under W.S. 2-7-612 to 2-7-626.
ARTICLE 7 - CLAIMS AGAINST ESTATE
2-7-701. Debts and charges; classification.
(a) In any estate in which the assets are or appear to beinsufficient to pay in full all debts and charges of the estate, the personalrepresentative shall classify debts and charges as follows:
(i) Court costs;
(ii) Other costs of administration;
(iii) Reasonable funeral and burial expenses;
(iv) Allowances payable under W.S. 2-7-503 and 2-7-504;
(v) All debts and taxes having preference under the laws of theUnited States;
(vi) Reasonable and necessary medical and hospital expenses ofthe last illness of the decedent, including compensation of persons attendinghim at his last illness;
(vii) All taxes having preferences under the laws of this state;
(viii) All debts owing to employees for labor performed during theninety (90) days next preceding the death of the decedent;
(ix) All claims allowed under W.S. 2-7-707;
(x) All other claims allowed.
2-7-702. Debts and charges; order of payment.
Paymentof debts and charges of the estate shall be made in the order provided in thepreceding section without preference of any claim over another of the sameclass. If the assets of the estate are insufficient to pay in full all of theclaims of a class, then the claims shall be paid on a pro rata basis withoutpreference between claims then due and those of the same class not due.
2-7-703. Filing required; failure to do so constitutes bar;exceptions.
(a) Except as otherwise provided in this section, all claimswhether due, not due or contingent, shall be filed in duplicate with the clerkwithin the time limited in the notice to creditors and any claim not so filedis barred forever. Any claimant to whom the personal representative has maileda notice pursuant to W.S. 2-7-205(a)(ii) shall file his claim within three (3)months after the date of first publication of the notice in the newspaper, orbefore the expiration of thirty (30) days after the mailing, whichever date islater, and any claim not so filed is barred forever. If only one (1) copy of aclaim is filed, the clerk shall make a duplicate and shall charge the claimanta reasonable fee not to exceed two dollars ($2.00) per page.
(b) The clerk shall forthwith transmit to the personalrepresentative one (1) copy of each claim when and as filed.
(c) This section shall not bar:
(i) Claimants entitled to equitable relief due to peculiarcircumstances, if so found by the court in adversary proceedings; or
(ii) A claimant to whom no notice was mailed pursuant to W.S.2-7-205(a)(ii), if the court in adversary proceedings finds that the identityof the claimant was reasonably ascertainable by the personal representativewithin the time limited in the notice to creditors published pursuant to W.S.2-7-201.
(d) Any claim not in excess of two hundred dollars ($200.00)may be allowed by the personal representative without the filing of the claimby the creditor, but the personal representative is answerable for thepropriety thereof upon hearing on his final report and accounting.
2-7-704. Affidavit and other required supporting documentation.
(a) Every claim which is due, when filed with the clerk shallbe supported by the affidavit of the claimant or someone in his behalf, thatthe account is justly due, that no payments have been made thereon which arenot credited and there are no offsets to the same to the knowledge of theaffiant. If the claim is not due when filed or is contingent the particulars ofthe claim shall be stated. The personal representative may also requiresatisfactory vouchers or proofs to be produced in support of the claim.
(b) If the claim is founded on a bond, bill, note or any otherinstrument, a copy of the instrument shall accompany the claim. The originalinstrument shall be exhibited to the personal representative, if demanded,unless it is lost or destroyed, in which case the claimant shall accompany hisclaim by his affidavit containing a copy or particular description of theinstrument and stating its loss or destruction. If the claim or any partthereof is secured by a mortgage or other lien which has been recorded in theoffice of the county clerk of the county in which the land affected by it lies,it is sufficient to describe the mortgage or lien and refer to the date,