Wyoming Petition For Order Requiring Production of Will

State:
Multi-State
Control #:
US-00743BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a generic pleading that may be referred to when preparing a Petition to force someone who is custodian of the Last Will and Testament of decedent to produce the Will.
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FAQ

Someone who dies without a will is called ?intestate,? which invokes the strict laws of intestacy. In Wyoming in the absence of a will, a surviving spouse inherits the entire estate unless the decedent and surviving spouse have descendants, in which case the spouse and descendants each inherit half.

Next of kin in Wyoming for purposes of intestate succession basically means the same thing as ?heir,? but also includes the surviving spouse. ?Heir? means any person except the surviving spouse, who is entitled to property of a decedent under the statutes of intestate succession.? WY Stat § 2-1-301(xx).

First Offender Treatment under Wyoming Statute §7-13-301 is often referred to as a ?301.? 301 treatment is available to people most people who have been charged with a felony or misdemeanor in Wyoming. There are situations where people cannot receive 301 treatment.

If you die without a will in Wyoming, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have and whether or not you are married.

Wills Laws in Wyoming Code Section2-6-101, et. seq.Age of TestatorAny person of legal age and sound mindNumber of WitnessesTwo competent witnesses and signed by testator or by some person in his presence and by his express direction.Nuncupative (Oral Wills)Not recognized1 more row

In Wyoming, the probate process generally follows these steps: Filing a petition: A petition must be filed with the local probate court to either admit the will to probate and appoint the executor. Or, if there's no will, to appoint an administrator of the estate.

A probate will be necessary to transfer the decedent's estate to the heir if the decedent owned assets there were: Located in Wyoming. Worth more than $200,000 (as of the writing of this article, not counting mortgages and other encumbrances) Held in the decedent's sole name, rather than in a trust or joint tenancy.

If you die intestate in Wyoming, which is not a community property state, what your surviving spouse inherits depends on whether or not you have living descendants. Living descendants would include children, grandchildren, and great-grandchildren. If you don't, your spouse will inherit all your intestate property.

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Wyoming Petition For Order Requiring Production of Will