Want to write a last Will? Here's all to know about Wyoming Wills

A Last Will and Testament in Wyoming is a legal document that states how the real and personal property of the testator, or the person writing the Will, should be divided after his death.

Wyoming Wills also allow testators to make necessary arrangements for their loved ones, like a surviving spouse, children, etc. or elect a personal representative.

Why do you need a Last Will and Testament in Wyoming?

Making a Last Will and Testament is not a legal requirement but an important step to protect the testator's wishes regarding distributing assets after death.

In the absence of a valid Will, the laws of intestacy may take control. Intestacy laws may not be as per the wishes of the deceased person.

With a valid Will, testators can decide on asset distributions and make several other important decisions. For instance, testators can decide upon legal guardians to care for minor children or pets, open a trust or make charitable contributions or gifts for any person.

This is why writing a last will and testament in Wyoming is generally advisable.

What happens if you die without a Will in Wyoming?

When an individual dies without a Will in Wyoming, the state laws of inheritance in Wyoming will be invoked.

Under the laws of inheritance or intestacy laws, if an individual dies without a Will in Wyoming, the entire estate will be inherited by the deceased's surviving spouse.

If the surviving spouse has descendants, then they each inherit half. Without surviving spouse or children, the property will be given over to grandchildren or parents.

Further, in case of no grandchildren or parents, siblings, grandparents, cousins, and so on will be on the list to inherit the property of the deceased.

In the case of no surviving relative by blood or marriage, the property will be passed on to the state.

What can be included in a Last Will and Testament?

A testator can include several important concerns in a Will under Wyoming law.

• Property distribution
• A guardian to care for minor children
• A person to handle property for children
• Care for pets
• Charity or trusts

However, a testator should not include medical care and end-of-life care instructions in his Last Will and Testament. It is mainly because a Last Will and Testament is referred to or invoked after the testator's demise.

Such items are included in a Living Will.

What are the requirements to write a Last Will and Testament?

To create a valid Will in Wyoming, the residents of Wyoming must meet specific terms.

Anyone making a Will in Wyoming must be at least 18 and of sound mind.

Furthermore, the Will should be, in writing, with the name of an executor, signed by at least two witnesses, who are not the beneficiaries of the Will, and the testator himself.

Naming an executor is a crucial part of writing a Will. Without an executor in the Will, the court may appoint a person for the job.

Steps to writing a Will in Wyoming

Testators must follow the steps below to create a Will in Wyoming successfully.

• Determine what properties to be included in the Will and who should be the beneficiaries
• Appoint a guardian to care for minor children
• Appoint a person to manage the property for children
• Name an executor
• Write the Will and sign it in front of two disinterested witnesses
• Keep it safely

What is the probate process in Wyoming?

Probate in Wyoming is a legal process of distributing the estate of a deceased person to its beneficiaries.

The person appointed as the executor in a Will must file a formal probate. Beneficiaries and creditors are informed to submit their claims.

Generally, a probate case may be resolved within 6 to 9 months; however, when a probate case is complicated, it may take longer to get resolved.

Why do you need to take your Will to the probate court in Wyoming?

For the distribution of most estates in Wyoming, probate is required.

After a Will is proven, the executor of the Will may proceed with paying off taxes and any debt owed, followed by protecting property or distributing remaining assets as per the Will.

Wyoming generally does not require an attorney throughout the process, although a probate attorney may be consulted for advice in case of any difficulties.

How to avoid probate in Wyoming

Under Wyoming law, beneficiaries claiming property worth $200,000 or less can avoid probate by filing an affidavit with the county clerk for property distribution.

Do you need to notarize your Will in Wyoming?

Notarizing a Will is not a legal requirement in Wyoming. Although self-proving a Will requires going to the notary, where the testator and the two witnesses sign an affidavit.

Self-proving can save time in the probate process since contacting witnesses to verify the Will will not be necessary.

Types of Wills valid in Wyoming

According to Wyoming Statutes, residents of Wyoming may write a holographic Will.

A holographic or handwritten Will is not required to be witnessed, although it must be written by the testator in his own handwriting and signed by him.

A Will in Wyoming must be made on actual paper, whether typed or handwritten. Wyoming does not allow audio, video, or any other digital or electronic form of Will.

How to change or revoke a Will in Wyoming

To change a Wyoming Will, a testator can simply add an amendment or a codicil in the existing one the same way the primary one was created.

To revoke a Wyoming Will, a testator or someone under his direction can simply cancel, burn, tear, or destroy the Will. A Will can also be revoked by creating a new Will.

What other things do you need to know about writing a Will in Wyoming?

A testator may not be able to distribute all of his properties as per his wishes by writing a Will in Wyoming. There may be some exceptions to this, for instance, joint ownership properties, revenue from life insurance policies, etc.

It is best to consult an attorney or seek financial advice from a professional to make informed decisions.

Closing thoughts

Creating a Last Will and Testament is perhaps one of the most significant legal documents that a person can make. It signifies the distribution of assets earned or acquired in a lifetime and protecting the interests of loved ones.

Without a valid Will, the distribution of assets of the deceased may not be as per his wishes.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney for advice on your specific situation.