Petition for Probate of Will and for Letters Testamentary (Wyoming)

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

IN THE DISTRICT COURT OF THE [____] JUDICIAL DISTRICT, STATE OF WYOMING, IN AND FOR [COUNTY] COUNTY

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner Information
3. Decedent Information
4. Basis for Jurisdiction and Venue
5. The Will Offered for Probate
6. Heirs and Devisees of the Decedent
7. Nomination and Consent of Executor; Property of the Estate
8. Bond
9. Prayer for Relief
10. Verification
11. Notice of Probate / Affidavit of Mailing
12. Attachments Checklist

1. CAPTION AND CASE INFORMATION

Probate No.: [____________________________________]

Hearing Date (if set): [__/__/____] Time: [____]

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Wyoming [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Capacity: Petitioner is the Executor named in the Decedent's Will and seeks probate of the Will and issuance of Letters Testamentary; the person named as Executor consents to act (Wyo. Stat. § 2-6-201(a)(ii)).
Relationship to Decedent: [RELATIONSHIP]

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE

a. The Decedent died on [__/__/____] (the jurisdictional facts under Wyo. Stat. § 2-6-201(a)(i)).

b. ☐ The Decedent was a resident of [COUNTY] County, Wyoming at death; venue is proper here under Wyo. Stat. § 2-2-102(a)(i).

c. ☐ The Decedent was a nonresident; venue is proper in this county under § 2-2-102(a)(ii), (iii), or (iv) because [STATE PLACE OF DEATH, LOCATION OF ESTATE PROPERTY, AND APPLICABLE SUBSECTION].

d. The Decedent died testate, leaving a Last Will and Testament dated [__/__/____] (and codicil(s) dated [__/__/____], if any).

e. No defect of form or in the statement of jurisdictional facts actually existing shall make void the probate of the Will (Wyo. Stat. § 2-6-201(b)).

5. THE WILL OFFERED FOR PROBATE

a. The original Last Will and Testament of the Decedent, dated [__/__/____], accompanies this Petition and is offered for probate.

b. Execution and witnesses. The Will was executed in compliance with Wyo. Stat. § 2-6-112: it is in writing or typewritten, signed by the testator (or by some person in the testator's presence and by the testator's express direction), and witnessed by two competent witnesses. The attesting witnesses are:

c. Self-proving / proof:
☐ The Will is self-proved by the acknowledgment of the testator and the affidavits of the witnesses, made before an officer authorized to administer oaths and evidenced by the officer's certificate under seal, in substantially the statutory form (Wyo. Stat. § 2-6-114); such execution satisfies the signing requirements of § 2-6-112 and the Will may be admitted without further proof under § 2-6-204.
☐ The Will is not self-proved; proof will be made by the oral or written testimony (Testimony of Subscribing Witness) of one or more subscribing witnesses (Wyo. Stat. § 2-6-205).
☐ All witnesses are deceased or unavailable; the Will will be proved by two credible disinterested witnesses to the handwriting, or by other sufficient evidence (Wyo. Stat. § 2-6-205(c)).

d. To the best of Petitioner's knowledge, the instrument offered is the Decedent's last Will, was validly executed, and has not been revoked.

6. HEIRS AND DEVISEES OF THE DECEDENT

The names, ages, and residences of the heirs and devisees of the Decedent, so far as known to Petitioner (Wyo. Stat. § 2-6-201(a)(iii)):

Devisees and beneficiaries named in the Will:

Heirs at law (persons who would take by intestate succession, Wyo. Stat. § 2-4-101):

☐ Decedent was survived by a spouse: [NAME] (note elective-share rights, Wyo. Stat. § 2-5-101).

7. NOMINATION AND CONSENT OF EXECUTOR; PROPERTY OF THE ESTATE

a. The Will nominates [EXECUTOR FULL LEGAL NAME], whose residence/address is [________________________________], as Executor. Petitioner is the person named, consents to act, and does not renounce the right to Letters Testamentary (Wyo. Stat. § 2-6-201(a)(ii), (a)(v)).

b. Probable value and character of the property of the estate (Wyo. Stat. § 2-6-201(a)(iv)):

c. The name of the person for whom Letters Testamentary are prayed is [PETITIONER / EXECUTOR FULL LEGAL NAME] (Wyo. Stat. § 2-6-201(a)(v)).

d. Before Letters Testamentary issue, Petitioner will take and subscribe the oath of personal representative (Wyo. Stat. § 2-3-101).

8. BOND

a. Bond (Wyo. Stat. §§ 2-3-102 and 2-3-111):
☐ The Will expressly directs that no bond is required; Petitioner requests letters without bond under § 2-3-111(a).
☐ The distributees waive bond in writing; attach their waivers and request letters without bond under § 2-3-111(a).
☐ Petitioner will furnish bond in the amount fixed by the Court under § 2-3-102.

The Court may require a bond later even if it was initially waived (§ 2-3-111(c)).

b. Estimated personal property value: $[________________]. Probable annual rents, profits, and issues of estate real property: $[________________]. The statutory bond penalty is not less than the sum of these values (§ 2-3-102).

c. All Letters Testamentary and bonds, with the affidavits and certificates thereon, shall be recorded by the clerk of the court (Wyo. Stat. § 2-3-103).

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court:

a. Admit the Last Will and Testament of the Decedent dated [__/__/____] (and any codicil) to probate;

b. Find that the Decedent died testate and that the Will was duly executed and proved;

c. Appoint Petitioner as Executor of the estate;

d. Direct issuance of Letters Testamentary to Petitioner upon the taking of the oath (Wyo. Stat. § 2-3-101) and the giving of any required bond;

e. ☐ Issue letters without bond under § 2-3-111 ☐ Fix bond in the amount of $[________________] under § 2-3-102;

f. Grant such other and further relief as is just and proper.

10. VERIFICATION

STATE OF WYOMING, COUNTY OF [____________]

I, [PETITIONER FULL LEGAL NAME], being first duly sworn, depose and state that I am the Petitioner; that I have read the foregoing Petition for Probate of Will; and that the matters stated therein are true and correct to the best of my knowledge, information, and belief.

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

Subscribed and sworn to before me this [__/__/____].

Notary Public: ______________________________________ My commission expires: [__/__/____]

11. NOTICE OF PROBATE / AFFIDAVIT OF MAILING

This section is a post-appointment checklist and affidavit of mailing. Prepare and publish a separate Notice of Probate substantially in the form prescribed by § 2-7-201. Obtain the publisher's affidavit of publication; § 2-7-206 requires affidavit proof of both publication and mailing, filed with the clerk.

Notice of probate (Wyo. Stat. §§ 2-7-201, 2-7-205): Upon admission of the Will to probate and issuance of Letters, the personal representative shall publish a Notice of Probate once a week for three (3) consecutive weeks in a newspaper of general circulation in the county, stating that any action to set aside probate of the Will must be brought within three (3) months from first publication, asking debtors to pay, and notifying creditors to file claims with the necessary vouchers within three (3) months from first publication (§ 2-7-201). A true copy of the published notice shall be mailed by first-class mail to the surviving spouse, all heirs at law, and all beneficiaries named in the Will not later than one (1) week after the first publication (§ 2-7-205(a)(i)). Mail to reasonably ascertainable creditors not later than 30 days before expiration of the three-month claims period (§ 2-7-205(a)(ii)); send other required notices under subsections (a)(iii)-(iv).

☐ Notice of Probate published once a week for three successive weeks in [NEWSPAPER NAME] (Wyo. Stat. § 2-7-201).
☐ True copy of notice mailed to the surviving spouse, heirs at law, and beneficiaries within one week after first publication (Wyo. Stat. § 2-7-205(a)(i)).
☐ Notice mailed to reasonably ascertainable creditors (Wyo. Stat. § 2-7-205(a)(ii)).
☐ Notice to the Department of Health / Department of Family Services, if applicable (Wyo. Stat. § 2-7-205(a)(iii), (iv)).

I, [PERSONAL REPRESENTATIVE / ATTORNEY NAME], being first duly sworn, state that I mailed true copies of the Notice of Probate to the recipients listed above on the dates shown, using ordinary United States first-class mail, and that the mailing information stated here is true to the best of my knowledge.

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Wyoming State Bar No.: [________________] (if applicable)
Address: [________________________________]
Telephone / Email: [________________________________]

Subscribed and sworn to before me on [__/__/____].

Notary Public: ______________________________________ My commission expires: [__/__/____]

12. ATTACHMENTS CHECKLIST

☐ Original Last Will and Testament (and any codicil)
☐ Self-proving acknowledgment/affidavits (Wyo. Stat. § 2-6-114), or Testimony of Subscribing Witness (Wyo. Stat. § 2-6-205)
☐ Certified copy of Death Certificate
☐ Oath of Personal Representative (Wyo. Stat. § 2-3-101)
☐ Bond under § 2-3-102, if required, or written distributee waivers under § 2-3-111
☐ Proposed Order Admitting Will to Probate and Appointing Personal Representative
☐ Proposed Letters Testamentary (to be recorded, Wyo. Stat. § 2-3-103)
☐ Notice of Probate for publication (§ 2-7-201); publisher's Affidavit of Publication and personal representative's or attorney's Affidavit of Mailing (§ 2-7-206)
☐ Filing fee

SOURCES AND REFERENCES

• Wyoming Statutes, Title 2 — Wills, Decedents' Estates and Probate Code: W.S. §§ 2-3-101, 2-6-112, 2-6-114, 2-6-201, 2-6-205, 2-7-201, and 2-7-205.
• Wyoming Judicial Branch — A Walk Through Probate: https://www.wyocourts.gov/