Lincoln County Personal Representative Deed Forms (Wyoming)
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Form Package
Personal Representative Deed
State
Wyoming
Area
Lincoln County
Price
$27.97
Delivery
Immediate Download
Payment Information
Included Forms
All Lincoln County specific forms and documents listed below are included in your immediate download package:
Personal Representative Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last reviewed/updated 3/6/2024
Personal Representative Deed Guide
Line by line guide explaining every blank on the form.
Included document last reviewed/updated 3/29/2024
Completed Example of the Personal Representative Deed Document
Example of a properly completed form for reference.
Included document last reviewed/updated 3/14/2024
Included Supplemental Documents
The following Wyoming and Lincoln County supplemental forms are included as a courtesy with your order.
Frequently Asked Questions:
How long does it take to get my forms?
Forms are available immediately after submitting payment.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Wyoming or Lincoln County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
How do I get my forms, are they emailed?
Forms are NOT emailed to you. Immediately after you submit payment, the Lincoln County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.
What type of files are the forms?
All of our Lincoln County Personal Representative Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Can the Personal Representative Deed forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Lincoln County that you need to transfer you would only need to order our forms once for all of your properties in Lincoln County.
Are these forms guaranteed to be recordable in Lincoln County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Lincoln County including margin requirements, content requirements, font and font size requirements.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Areas Covered by These Personal Representative Deed Forms:
- Lincoln County
Including:
- Afton
- Alpine
- Auburn
- Bedford
- Cokeville
- Diamondville
- Etna
- Fairview
- Freedom
- Frontier
- Grover
- Kemmerer
- La Barge
- Opal
- Smoot
- Thayne
What is the Wyoming Personal Representative Deed
Devising and Distributing Real Estate in Wyoming
Probate is the court-supervised process of transferring a decedent's property to those entitled to receive it. In Wyoming, probate procedures are governed by Title 2 of the Wyoming Statutes (Chs. 1-18).
Generally, property held by the decedent in his or her name alone is subject to probate. Property held with a survivorship designation (real estate held in joint tenancy or tenancy by the entirety), a beneficiary designation (payable on death accounts and transfer on death accounts, for example), and property held in a trust generally transfer outside of probate. Wyoming also recognizes probate alternatives, such as "summary procedure" for qualifying small estates -- a less extensive informal probate. Consult a lawyer for guidance in determining the best course of estate administration, as each estate is unique, and many factors contribute to lawfully handling an administration.
In most cases requiring probate, the custodian of the decedent's will delivers it to the clerk of the district court in the county where the decedent resided at the time of death, along with a petition for probate and a certified copy of the death certificate (Wyo. Stat. Sec. 2-6-119). Upon receipt, the clerk notifies the executor and the distributees (2-6-120). Once the court proves the will is valid, the court appoints the executor by issuance of letters testamentary, if willing and able to serve.
If the decedent dies without a will (intestate), probate involves petitioning the court for the appointment of a personal representative (PR), who is issued letters of administration. A personal representative is a fiduciary entrusted to administer the estate. Wyo. Stat. Sec 2-4-201 establishes the order of priority of persons entitled to administer the estate. A person selected by the court to administer an intestate estate may be referred to as an administrator.
Letters testamentary or letters of administration are evidence of the personal representative's authority to act on behalf of the estate. He or she provides notice by publication in the county where probate is pending of admission of the estate to probate and of his or her appointment (2-7-201). Creditors have within three months of publication to bring their claims against the estate by filing them in the office of the clerk of court in compliance with the procedures at Wyo. Stat. 2-7-701--2-7-729.
In Wyoming, title to a decedent's property passes to his testamentary devisees (those named in the will to receive it) or to his heirs-at-law according to the laws of descent in Wyoming. Property not disposed of by will transfers according to Wyo. Stat. Sec. 2-4-101 (with half to the surviving spouse and half to children, or all to the surviving spouse if no children). All property, however, "is subject to possession by the personal representative and to the control of the court for the purposes of administration, sale or other provisions of the law and...is chargeable with the payment of debts and charges against" the estate (2-7-402).
The statutes establish the purposes for which property -- real and personal -- may be sold, including for the payment of debts and charges against the estate; the distribution of the estate; or any other purpose deemed "in the best interests of the estate" (2-7-612). Generally, the PR must petition the court for a sale, unless the decedent gives a testamentary power of sale (2-7-614, 2-7-609).
The court schedules a hearing on the petition, and the PR must give notice of the hearing to the surviving spouse, beneficiaries under the will, creditors discernable by the PR, and other noted parties where circumstances require (2-7-205). Upon satisfactory evidence, the court may enter an order for sale under 2-7-621 (2-7-615). The PR is required to provide the court with a report after the sale and the court will examine the report. If satisfied, it shall enter a confirmation of sale (2-7-624). Decrees confirming a sale are recorded in the office of the county clerk in the county where the property is located (2-2-301).
To transfer real estate to a purchaser (grantee) following a sale, the personal representative executes a deed. A personal representative's deed is a fiduciary instrument that typically follows the form of a special warranty deed. This level of warranty is appropriate for a grantor acting in a representative capacity because its warranty only covers the claims against the property arising from the time the grantor held the title. The special warranty is statutory in Wyoming under 34-2-136.
A lawful personal representative's deed is executed by the duly appointed and acting PR and provides details of the estate including the decedent's name, the court in which probate is open, and the probate number assigned to the estate. The deed describes the property sold with a legal description and typically provides evidence of the personal representative's authority to make the sale and may include supplemental documentation such as the PR's letters and any relevant decrees from the court.
Conveyances in Wyoming should also be accompanied by a statement of consideration; a statement in the form of the deed waiving rights under the homestead exemption laws of the state; and must be in recordable form, complying with state and local standards. Deeds executed by a personal representative are evidence of the grantee's right, title and interest in the property conveyed, and prevent them from claiming any further right, title or interest in and to such real estate (34-5-106).
When the estate is ready for final settlement (no sooner than three months after publication of notice of opening probate), the personal representative may petition the court for distribution, with notice of the petition mailed the appropriate parties under 2-7-205 (2-7-204). Marketable title to real estate in devisees and heirs-at-law is established by a final decree of distribution. Decrees making distributions of real property are recorded in the county clerk's office in the county where the subject property is situated.
This article is not an exhaustive view of the probate process in Wyoming and is not a substitute for legal advice. For questions regarding probate or the sale of real property, contact a qualified attorney in Wyoming.
(Wyoming PRD Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Lincoln County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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