Court Safekeeping of Original Wills in Wyoming
At a glance
| Statutory safekeeping route | Postdeath delivery and filing duties in Probate Code (§§ 2-6-119–120). |
|---|---|
| Who may deposit | A custodian holding a deceased maker's will (§ 2-6-119(a)). |
| Proper court or clerk | District court clerk with estate jurisdiction, or named executor (§ 2-6-119(a)). |
| Envelope and filing record | Clerk receives will for filing; §§ 2-6-119–120 specify no sealed-wrapper process. |
| Fee and receipt | No fee or receipt specified in the cited postdeath delivery sections (§§ 2-6-119–120). |
| Custody before death | Cited sections address custody after learning of death (§ 2-6-119(a)). |
| Retrieval before death | Cited sections prescribe no lifetime withdrawal process (§§ 2-6-119–120). |
| Notice after death | Clerk notifies named executor and readily located distributees (§ 2-6-120). |
| Opening and release after death | Court may order disposition if no specified action within 30 days after notice (§ 2-6-120). |
Postdeath court delivery
Wyoming Stat. § 2-6-119(a) gives a custodian 10 days after receiving information of the maker's death to deliver the will to the district court clerk with estate jurisdiction or to the named executor. The section makes a noncomplying custodian responsible for damages sustained by an injured person. If another person has the will, § 2-6-119(b) permits a court production order and contempt for disobedience.
When a clerk receives the will for filing with information of death, § 2-6-120 requires notice to the named executor, if any, and as many named distributees as can readily be located. If nobody takes the specified filing or probate action within 30 days after notice, the clerk reports the matter and the court may order disposition of the will. These cited sections do not give a lifetime envelope, fee, receipt, or withdrawal procedure.
What trips people up
The 10-day clock in § 2-6-119(a) begins when the custodian receives information of death. Section 2-6-120's separate 30-day period begins after the clerk gives notice; it is not an extension of the custodian's delivery deadline.
Common questions
May the custodian deliver the will to the named executor instead of the court clerk? Yes. Section 2-6-119(a) names either recipient.
What if a third person refuses to produce the will? Under § 2-6-119(b), a court or commissioner satisfied that the person possesses it can cause a production order to issue; disobedience may be punished as contempt.
Statutes and sources
- Wyo. Stat. §§ 2-6-119–120: current official Title 2 text, quoted with source URL and access date above.
Source links
Every statute quoted above, linked, with the date we checked it.
What does Wyoming law mean for your facts?
You just read the general rule. Ask your own question and see which parts of current Wyoming law apply to your situation, with citations you can check.
Opens in Ezel Pro.
- Starts from the statutes this survey is built on
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace