How Can a Former Spouse or Survivor Assert Entitlement to Surplus Funds in Wyoming?

When a property owner’s real estate sells at a foreclosure or tax sale, any proceeds beyond the debt become “surplus funds.” Wyoming law requires the county court to hold those funds for one year so entitled parties can claim them. A former spouse (after divorce) or a survivor (after death) may have a right to those funds. This article explains how you can identify your interest and file a successful claim.

1. Understand Surplus Funds After a Sale

Under Wyoming’s foreclosure statutes, if a foreclosure or tax sale produces more money than the outstanding lien, the excess goes into a surplus fund. The county clerk holds these funds for one year from the sale date. See Wyo. Stat. Ann. § 1-21-128.

2. Identify Your Legal Interest

Surviving spouse or heir: If the owner died before distribution, the surplus forms part of the estate. A surviving spouse or heir may claim under the Wyoming Probate Code. See Wyo. Stat. Ann. § 2-1-201.
Former spouse: If divorce proceedings awarded you an interest in the property or its sale proceeds, you stand in the owner’s position for surplus funds. Enforcement of property division occurs under Wyo. Stat. Ann. § 20-2-114.

3. Gather Required Documents

Certified copy of the foreclosure or tax sale judgment.
Certified death certificate and letters testamentary or heirship order (for survivors).
Certified divorce decree or property division order (for former spouses).
Certified marriage certificate.
Proof of identity (state ID or driver’s license).

4. File a Written Claim with the County Clerk or Probate Court

Submit a written application in the county where the sale occurred. Include:

Case caption and sale details (date, case number, property address).
Statement of your interest (survivor or former spouse).
- Survivor: cite your relationship to the decedent and probate case number.
- Former spouse: cite divorce case number and property division paragraph.
List of attached certifications and supporting exhibits.
Signature and notarization.

File this before the one-year deadline. After one year, unclaimed funds transfer to the State Treasurer’s unclaimed property division.

5. Respond to Any Objections

Other claimants (creditors, lienholders) may contest your claim. The court will schedule a hearing. Present your documents and testify about your entitlement. The judge will issue an order directing disbursement when claims resolve.

Helpful Hints

Act quickly: Wyoming imposes a strict one-year deadline for surplus claims under § 1-21-128.
Check probate status: If the owner died, verify whether a personal representative already distributed estate assets.
Review your divorce decree: Confirm the specific language awarding you property sale proceeds.
Keep originals safe: Courts require certified copies rather than originals.
Consider legal advice: Although you can file by yourself, an attorney can help navigate contested hearings.