MURANE & BOSTWICK, LLC
Attorneys at Law

Murane & Bostwick, LLC has prepared this page for general information concerning Wyoming law. The information below does not constitute legal advice with respect to any particular circumstance. You should not act, or refrain from acting, based upon any information provided. If you have a question or a problem which may involve legal issues or relationships, you should seek the assistance of an attorney. Murane & Bostwick’s attorneys who emphasize this area of the law are listed at the end of this page.

'In most circumstances all wills must be in writing and be witnessed. Wyoming statute § 2-6-112 provides in part:

. . . all wills to be valid must be in writing, or type written, witnessed by two competent witnesses and signed by the testator.

The Wyoming Supreme Court has held that oral wills are not valid and that a tape recorded statement is not a valid will.

'A "holographic," or handwritten will, is valid in Wyoming if it is in the handwriting of the person making the will and signed by him. Wyoming statute §2-6-113 provides:

A will which does not comply with W.S. §2-6-112 is valid as a holographic will, whether or not witnessed, if it is entirely in the handwriting of the testator and signed by the hand of the testator himself.

If I die without a will who gets my property?  Property owned at the time of death by someone without a will will be distributed to the deceased’s heirs according to a law called the "intestacy statute." This statute takes the place of a will. It sets out the rules for how property is distributed upon death. For instance: If the deceased leaves a spouse and children the surviving spouse will be entitled to half of the deceased’s estate and the children the other half. If the deceased leaves a spouse but no children, then the spouse will inherit all of the property. The above examples are by no means exhaustive of who may inherit property under the intestacy statute. The statute is intended to make sure that a deceased’s property goes to the deceased’s heirs, if at all possible.

If I die without a will is it possible that the state will get my property?  Yes, but it is very unlikely. Before a deceased’s property could be taken by the state there must be no surviving heirs who would be entitled to the deceased’s property under the intestacy statute.

Why do I need a will?  A "will" is the expression of what a testator (a "testator" is the person who makes a will), wants to have done with his or her property upon death, and it also allows the testator to designate who is to take care of the testator’s affairs. Without a will there is no choice about who will inherit the deceased’s property since it will be distributed according to the intestacy statute described above.

What is probate?  Probate is a term used to describe the procedure for the administration of a deceased’s estate and distribution of his or her property upon death. In simple terms, probate consists of the procedure by which a deceased’s property is inventoried and appraised, debts paid to persons owed money at the time of death and the remainder of the deceased’s property distributed to those designated in the will. Probate is a process that is overseen by a court to ensure that the deceased’s estate is properly administered.

How can I avoid probate?  There are in number of ways which allow a person to have his property distributed upon his death without the necessity of probate. One of the most common methods is to create a trust into which the person’s property is placed. Another method is to place certain types of property into what is known as joint ownership with another person or persons. People who have concerns about the probate process would be well advised to consult with an attorney about how to properly proceed before creating a trust or placing property in joint ownership. Serious consequences may result from taking action that may be irreversible. Problems created by improperly formed trusts or property transfers can easily outweigh any perceived disadvantages of probate.

If my estate goes through probate won't the legal fees significantly reduce what my heirs will receive?  No. In the state of Wyoming attorneys fees are capped by statute and cannot exceed the statutory amount unless the supervising court finds that extraordinary fees, caused by unusual circumstances, are proper. The court must approve all fees paid. In general (except for very small estates with a value of $20,000 dollars or less) fees may not exceed two percent of the value of the property of the estate.

Will my estate or my heirs have to pay estate taxes to the government when I die?  No federal estate taxes will be due unless the value of the estate exceeds the amount set by law. Currently, as of the year 2000, the value of an individual's estate must exceed the amount of $675,000 before any tax would apply. In the case of a husband and wife it is possible to shelter up to $1,350,000 without tax consequences. Under the current tax laws, by the year 2006 the value of an individual's estate will have to exceed $1,000,000 before taxes will be paid. In Wyoming, no inheritance taxes are due unless federal estate taxes are due. As a consequence no inheritance taxes would be due to this state Wyoming unless the value of the estate exceeded $675,000.

What is an estate plan?  An estate plan may be anything from a simple will to a complex trust agreement. The idea of an estate plan is to make sure that a person properly plans what will happen to his property upon death to ensure the greatest benefit to his heirs and the best tax advantage to the estate. In addition to a properly drawn will and perhaps a trust, an estate plan may include a durable power of attorney and a living will. A durable power of attorney is a designation by a person giving authority to a third person to manage his affairs if he becomes unable to do so during his lifetime. A living will is a written document giving instructions about the person's wishes in the event he or she is placed on life sustaining procedures prolonging life.

The Wyoming State Bar does not certify any lawyer as a specialist
or expert. Anyone considering a lawyer should independently
investigate the lawyer’s credentials and ability, and not rely
upon advertisements or self-proclaimed expertise

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