Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
When your deceased parent was the sole name on the deed, the property did not automatically transfer to you at death. Instead, ownership follows either the decedent’s will or Wyoming’s intestate succession rules.
1. Review the Deed and Ownership Type
Obtain a copy of the recorded deed from the county clerk’s office. Verify whether the deed created a joint tenancy with right of survivorship or a tenancy in common. If only your parent’s name appears, they held sole title. No automatic survivorship applies.
2. Check for a Will
Locate any last will and testament. If your parent left a valid will, it dictates who inherits the property. You must open probate in the county where your parent resided. The personal representative named in the will files a petition and, once admitted, can transfer title according to the will’s terms.
3. Intestate Succession (No Will)
If no will exists, Wyoming law governs inheritance. Under Wyo. Stat. Ann. § 2-4-102 et seq., the estate passes first to a surviving spouse, then to descendants, parents, siblings and more. For example:
- If there’s a surviving spouse and children of the decedent, the spouse receives one-half and the children share the remaining one-half equally (Wyo. Stat. § 2-4-102).
- If no spouse but descendants survive, they inherit equally (Wyo. Stat. § 2-4-103).
4. Open Probate or Small Estate Proceeding
File a probate petition under the Wyoming Probate Code. Typical steps:
- File the death certificate and will (if any) with the clerk of district court.
- Appoint a personal representative or administrator.
- Notify heirs and creditors.
- Inventory assets, pay debts and taxes.
- Obtain court approval to distribute the property (Wyo. Stat. § 2-6-101).
For smaller estates meeting certain value limits, you may qualify for a simplified affidavit procedure instead of full probate. Check local court rules.
5. Transfer Title
Once you hold letters testamentary or letters of administration, prepare and sign a new deed conveying the property to yourself or other heirs. File the deed in the county clerk’s office, pay any recording fees and update the county tax assessor’s records.
Helpful Hints
- Search your parent’s safe deposit box or home for a will.
- Order multiple copies of the death certificate.
- Contact the county clerk in the county where the property is located.
- Review Wyoming small estate thresholds to see if you can avoid full probate.
- Hire a probate or real estate attorney if you encounter complex family or tax issues.