Wyoming Will Witness Requirements

A general residual clause in a will or will containing a general disposition of all of the testator`s property does not exercise the testator`s power of appointment unless that power is expressly mentioned or there is another indication of the intention to include the property subject to that power. Although a will is not required by law, without a will, state laws (called inheritance laws) determine the division of the deceased`s property. However, the result may not coincide with the wishes of the deceased (the deceased), which means that it is usually advisable to draw up a will. A will should be interpreted as transferring all property held by the testator at the time of death, including property acquired after the execution of the will, unless the will indicates a contrary intention. The term “property”, as used in this article, includes both real property and personal property or interest therein and refers to anything that may be the subject of ownership. A Wyoming will can be amended at any time by codicil, an amendment to the will that must be executed in the same way as a will. Once the will is proven, the executor can complete the estate, which includes collecting and protecting property, paying down debts, and then distributing assets. A will drawn up in accordance with W.S. 2-6-114 will be examined without further evidence. Once the will has been deemed valid, the next step is the probate process.

As a general rule, the probate procedure is only necessary if the deceased person only owned property in his or her name. Other assets, also known as “non-estate” ownership, can generally be transferred to the other owner without discount. Not all assets can be distributed in a will. Here are some exceptions: A will ensures that your assets are distributed according to your wishes after your death. Learn about the specific laws that affect wills in Wyoming, how to get a will, how to amend a will, and more. After admission of a will to the estate, any interested person may contest the will or the validity of the will within the period specified in the notification in accordance with W.S. 2-6-122 or 2-7-201. To this end, he must submit a written application to the court where the will was proven, containing his allegations against the validity of the will or against the sufficiency of the evidence, requesting the revocation of the succession procedure. If you die in Wyoming, which is not communal property, your surviving spouse depends on whether or not you have live offspring. Living descendants would be children, grandchildren and great-grandchildren. If you don`t, your spouse will inherit all of your intestate property. (a) In the event of the loss or destruction of a will, the District Court shall collect evidence of its execution and validity in order to establish it.

All testimonies must be recorded in writing and signed by witnesses. No witness who signed a Wyoming will may benefit from it unless there are two (2) witnesses who are not interested and competent for the same, but if the witness without a will would be entitled to a portion of the testator`s estate, the witness may still receive the portion of the amount and value of the specified amount. WY Statistics § 2-6-112. (d) Upon receipt of the decision authorizing the will, the applicant shall, at his own expense, cause to be published once a week for three (3) consecutive weeks in a daily or weekly mass circulation in the county where the estate was notified essentially in the following form: A will has basically the same function, No matter where you live, But there may be variations in status. That`s why it`s important to follow state regulations when filling out your will, otherwise you`ll have an invalid will. Fortunately, if you create your will with LegalZoom, we make sure your will complies with your state`s regulations. However, you may want to know how a will works in your state. In Matter of Estate of Roosa, the Wyoming Supreme Court explained the testamentary capacity standard to make a valid will under Wyoming law: The requirements of Wyoming law to make a valid will can be found in the Wyoming Articles § 2-6-112. If you die without a valid will, you lose control of what happens to your property after your death. Wyoming`s inheritance laws refer to these types of estates as “intestate,” meaning there is no valid will or will. The court will then follow statutory inheritance laws to determine who inherits your assets and how much they receive. If there is no will, the heirs must agree to it and appoint someone to act as executor.