Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.
Detailed Answer
1. Filing the Original Will
Under Wyoming law, any person in custody of a decedent’s original will must deposit it with the clerk of the district court in the county where probate is pursued within 30 days after learning of the death. See Wyo. Stat. § 2-6-101.
- Obtain a certified copy of the decedent’s death certificate.
- Prepare and sign a petition for probate, naming yourself (or another) as personal representative.
- Bring the original will and petition to the district court clerk in the proper county.
- Pay the required probate filing fee (check with the local court for the exact amount).
- Receive a stamped file-stamped copy of your petition and the will, establishing the probate case.
2. Submitting a Lost or Destroyed Will
If the decedent’s original will is lost, destroyed, or held by someone else, you may still seek admission of a copy by demonstrating due execution and the circumstances of loss. See Wyo. Stat. § 2-6-112.
- Locate the best available copy of the will.
- File a petition to admit a lost or destroyed will, attaching the copy.
- File affidavits from one or more subscribing witnesses attesting that they saw the decedent sign the will.
- Explain the circumstances under which the original was lost or destroyed.
- Attend any court hearing to prove your evidence before a judge.
3. Obtaining a Filed Copy
Once the original (or a permissible copy) is filed, it becomes part of the public probate record. To obtain a certified copy:
- Contact the district court clerk’s office in the county where the will was filed.
- Provide the case number or decedent’s name and date of death.
- Request a certified copy of the will or entire probate file.
- Pay the clerk’s certification and copying fees (varies by county).
- Receive an embossed or sealed certified copy suitable for banks, title companies, and other institutions.
Helpful Hints
- Keep the original will secure and limit handling to preserve signatures and seals.
- Confirm filing deadlines with the clerk to avoid penalties or challenges.
- Request a hearing date when you file the petition—some courts set this automatically.
- If the original is lost, act quickly to gather witness affidavits before memories fade.
- Maintain a file of certified copies once issued; you may need them for real estate, banks, or other assets.