Temporary or Special Probate Administrator Requirements in Wyoming

At a glance

Requirements one by one

Wyoming makes appointment mandatory on a broad trigger list

Under W.S. § 2-7-301, the district court shall appoint when ordinary letters are delayed for any cause, were granted irregularly, lack a sufficient required bond, have not been requested, or when a personal representative dies, is suspended, or is removed. The office collects and takes charge wherever the estate assets are found and exercises preservation powers.

The statute names no applicant or petition requirement. Under § 2-7-303, the court or officer gives preference to the person entitled to ordinary letters. Sections 2-4-201 and 2-6-208 supply the intestate and testate priority orders, led respectively by the spouse or spouse-requested competent person and by the person designated in the will.

Appointment may occur without notice

Under § 2-7-302, appointment may be made at any time without notice. The court enters the appointment on its minutes and specifies the powers the special administrator may exercise. The provisions state no petition, affidavit, service list, fixed notice period, hearing, later notice, or mandatory review.

Section 2-7-303 separately bars appeal to the Wyoming Supreme Court from the appointment.

The order, bond, surety, oath, and letters work together

After the minute order is entered and the required bond is filed, the clerk issues letters conforming to the order. Under § 2-7-304, the appointee must provide the surety the court or officer directs before letters issue, take the usual oath, and have the oath endorsed on the letters.

The special-administration article states no fixed bond amount, statutory bond condition, waiver, reduction, acceptance form, or separate oath text. The minute order is therefore the source for powers beyond the automatic statute.

Automatic preservation powers cover realty, income, and litigation

Under W.S. §§ 2-7-305 to 2-7-307, the special administrator collects and preserves the decedent's goods, debts, effects, income, rents, issues, profits, and estate claims and demands. The fiduciary takes charge and management of real estate and protects it from damage, waste, and injury. Necessary suits and legal proceedings may be commenced, maintained, or defended as an administrator.

Perishable property may be sold only as the court or officer orders. Other powers must be conferred by the appointment. The section supplies no automatic nonperishable sale, mortgage, business-continuation, remains, creditor-payment, tax-payment, or beneficiary-distribution authority.

The phrase claims and demands of the estate concerns assets collected for the estate. The same section says the special administrator is not liable to any creditor on a claim against the decedent and does not grant an ordinary claim- allowance or payment role.

Ordinary letters end powers and trigger handoff

Under § 2-7-306, the special administrator's powers cease when ordinary letters are granted. The fiduciary must forthwith deliver all decedent property and effects in hand to the personal representative, who may continue the special administrator's suits to final judgment.

Section 2-7-307 requires a sworn account of the special proceedings in like manner as other personal representatives. The ordinary framework in § 2-7-806 requires a verified interim account after one year and annually thereafter if a final report has not been filed, and permits court-ordered accounts at any time. Article 3 states no separate special inventory, appraisal, account-service, compensation, attorney-fee, surcharge, bond-release, or liability-discharge rule.

What trips people up

• The court's duty is mandatory. Once a listed § 2-7-301 trigger exists, the statute says the court shall appoint.
• No notice means no statutory waiting period. It does not eliminate the bond, surety, oath, letters, or minute-order limits.
• Realty management is automatic; sales are not. The statute authorizes real- property protection but names only court-ordered perishable-property sales.
• Estate claims are assets, not creditor claims. Collection of claims and demands due to the estate does not supply authority to pay claims against it.

Common questions

Who receives preference?

The person entitled to ordinary letters. The will nominee leads the testate order; the spouse or spouse-requested competent person leads the intestate order. Appointment itself is not appealable.

May the special administrator sell estate property?

The automatic statute identifies perishable-property sales only, and those need a court or officer order. Any other sale power must come from another valid source or the appointment order within statutory limits.

When does the appointment end?

It ends automatically when ordinary letters are granted. Immediate turnover and a sworn account follow; the ordinary personal representative may continue any suit the special administrator commenced.

Statutes and sources

• W.S. § 2-1-301; §§ 2-4-201 and 2-6-208 — definitions and ordinary appointment priority.
• W.S. §§ 2-7-301 to -307 — triggers, without-notice appointment, priority, bond, surety, oath, letters, powers, creditor limit, termination, turnover, and sworn account.
• W.S. § 2-7-806 — interim and court-ordered accounting framework.

All cited provisions are in the official current Wyoming Statutes, Title 2 (accessed 2026-08-29).