What is a Last Will and Testament


A Wyoming Last Will and Testament, when prepared and executed properly by a person who is an adult of sound mind with legal responsibility for his- or herself, is a formal document that specifies how their assets or estate will be managed and distributed after their death. The person who dies is formally referred to as the decedent. If the decedent has minor children, the Last Will and Testament may also be used to designate who they want to care for their children and who they wish to handle their children’s inheritance/finances until each child comes of age (usually 18, but you can designate a different age) to handle their finances on their own.

In a Last Will and Testament, the decedent usually also names a personal representative—or co-personal representatives (two or more persons acting together in this capacity)—to manage the matters of the estate. The personal representative is the person who gathers all of the information about the decedent’s debts and assets, pays outstanding debts using the assets on behalf of the estate, and ensures that the decedent’s property is distributed as specified in the Will, so this is a job with a lot of responsibility, and the personal representative selected is usually someone the decedent really trusts to follow through on the details and with his or her wishes.

If a person dies without having a valid Last Will and Testament (which usually—in most states—means it must be properly witnessed, as well—not just signed), someone will usually be appointed by the court to be the personal representative and will pay the decedent’s debts, liquidizing assets as necessary to do so. Then the remaining assets will be distributed among the decedent’s heirs according to the laws of the state the decedent lived in.

In some states, if one spouse dies leaving behind a husband or wife, that living spouse will inherit all of the decedent’s property in the absence of a Last Will and Testament stating to the contrary. In other cases, the decedent may have specified a particular beneficiary to inherit a life insurance policy, retirement account, or other asset, and that beneficiary designation will dictate who receives those assets in the absence of a Wyoming Last Will and Testament.

The important thing to note is that anyone who wishes to designate how their assets will be distributed after their death should prepare and properly execute a Last Will and Testament to ensure their wishes are known and honored. If they don’t, they may be leaving it up to chance, the laws of the state in which they reside at the time of their death, or a court of law as to how their final affairs will be settled.  Wyoming free information on last will and testament forms.

Wyoming Last Will Paper

In the process of our life, we accumulate certain benefits of civilization — real estate, luxury goods, money. It is quite logical that we think about who will get all this after we die. To get your property into the hands of those you want to take care of or those who deserve it, you can compose a Last Will. In Wyoming State, more and more people are drafting such a document to give instructions on how to distribute their property after death.

A long time ago, the Last Will ceased to be a document only for wealthy people. Anyone who has saved up something in their life or wants to give any instructions can draw up this paper. If you are still thinking about the formation of this document, read below.

Who Should Draw up the Form?

If you want to influence how your property will be distributed after your death, then Last Will is necessary for you. In the absence of this document, your inheritance will be distributed according to the law between your relatives. This is not bad either, but it is far from necessary that such a distribution will coincide with your desires.

Asset allocation is far from the only function of this document in Wyoming. In addition, it is recommended to draw up a document to:

  • Make a charitable gift (you can choose an organization or a person)

  • Appoint a legal guardian for the children who will be able to dispose of the property left for them until they come to a «legal age»

  • Create a trust for children, spouse, or other people

  • Create a trust fund for pets that will be used to provide them with everything they need during their lives

Therefore, you can consider Last Will as an opportunity to take care of your loved ones even after your death.

The Rules Which Should Be Followed When Drawing up the Form

There are not many rules, but they must be followed:

  1. The document must be in writing

  2. The testator must be of sound mind and must be “of legal age”

  3. The form must have three signatures — one must belong to the testator (or a proxy who signed in their presence) and two witnesses

  4. Witnesses cannot act as beneficiaries

  5. The beneficiaries can be any person, at the request of the testator

After the death of the testator, the court needs to accept the terms of the document. For this, the document must be proven in probate court. After the completion of this process, the executor can begin their function — collection and protection of property, payment of debts and taxes, distribution of property.

At the same time, for small estates worth $ 200,000 or less, there are simplified versions of the process:

  1. Skipping the probate procedure and claiming property through an affidavit

  2. Submitting a petition to the court for a simplified small estate process

Exceptions to Ability to Distribute Property

In addition to the rules listed above, there are also exceptions to what can be allocated according to this form. They are:

  • Property in a joint lease with the right of inheritance

  • Elective share of surviving spouse (certain conditions must be applied)

  • Life insurance policy

  • Retirement account

Can I Make Changes After Drafting the Document?

This question worries many because your thoughts and feelings, as well as circumstances, can change over the course of your life. Yes, you can make changes, and you can do it at any time up to your death. To do this, you need to draw up an addendum to the document indicating all the desired changes.

You can also cancel the document. Draw up a new form, indicating to cancel the previous one or destroy the original document.



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