Conservatorships

Wyo. Stat. Ann. tit. 3, ch. 3
in effect

Wyo. Stat. Ann. § 3-3-101 Petition for involuntary appointment of conservator.

(a) Any person may file with the clerk a petition for the involuntary appointment of a conservator. The petition appointment shall state: (i) The name, age and address of the proposed ward; (ii) The status of the proposed ward as a minor, incompetent person or a mentally incompetent person and the reasons for the petition; (iii) The name and address of the proposed conservator, and his qualification to serve as conservator; (iv) The name and address of the person or institution having the care, custody or control of the proposed ward; (v) The fact that the residence of the proposed ward is in the county, or is a nonresident, or that his residence is unknown; (vi) The fact that the best interest of the proposed ward requires the appointment of a conservator in Wyoming; (vii) The estimated current value of the real estate, the estimated value of the personal property and the estimated gross annual income of the estate; (viii) Any money payable or to become payable to the proposed ward from any source; and (ix) The interests of the petitioner.

Wyo. Stat. Ann. § 3-3-102 Notice; when required; governed by rules of civil procedure.

(a) Notice of filing of a petition for appointment of an involuntary conservator shall be served on the proposed ward, his custodian, the proposed conservator and upon the proposed ward's parents, agent or fiduciary under a known power of attorney, adult children and spouse who are known or who can be discovered with due diligence, except: (i) When a petition is filed under W.S. 3-2-106, 3-3-107 or 3-3-301; or (ii) When for good cause the court determines that no notice is necessary when the proposed ward is under the age of eighteen (18) years. (b) Notice shall be served on any other person as ordered by the court. (c) Notice shall be given in accordance with the Wyoming Rules of Civil Procedure and as ordered by the court.

Wyo. Stat. Ann. § 3-3-103 Pleadings and trial; rules of civil procedure.

After the petition is filed, all proceedings are governed by the Wyoming Rules of Civil Procedure and the Wyoming Rules of Evidence. Petitioner, the proposed ward or his custodian may demand a jury trial as provided by the Wyoming Rules of Civil Procedure.

Wyo. Stat. Ann. § 3-3-104 Appointment of conservator.

(a) The court may appoint a conservator if the allegations of the petition as to the status of the proposed ward and the necessity for the appointment of a conservator are proved by a preponderance of the evidence. (b) The order appointing a conservator shall state the findings of the court, including: (i) Reasons why the ward is in need of a conservator; (ii) Appointment of the conservator; (iii) The duration of the appointment for a specified term or permanent, subject to W.S. 3-3-1101; (iv) The limited or plenary duties of the conservator.

Wyo. Stat. Ann. § 3-3-105 Preference for appointment of conservator of a minor.

(a) The appointment of a qualified and suitable conservator of a minor shall be made in the following order of preference: (i) The parent or parents of the minor; (ii) The person nominated as conservator in the will of the custodial parent; (iii) The person requested by a minor who has reached fourteen (14) years of age; (iv) Any other person who is willing to serve as conservator.

Wyo. Stat. Ann. § 3-3-106 Appointment of conservator on voluntary petition.

(a) The court may appoint a conservator upon the petition by the proposed ward if: (i) The petitioner has reached the age of fourteen (14) years; and (ii) The court determines that the appointment of a conservator is in the best interest of the petitioner. (b) The petition shall state whether a notice of involuntary petition for the appointment of a conservator has been served on the proposed ward.

Wyo. Stat. Ann. § 3-3-107 Appointment of a temporary conservator.

(a) Upon the filing of a petition for a temporary conservator and after a hearing the court may appoint a temporary conservator subject to any notice and conditions the court prescribes. (b) Every order appointing a temporary conservator shall be limited to not more than ninety (90) days. The court may order an extension of the temporary conservatorship for not more than an additional ninety (90) days, or conversion to a guardianship or conservatorship in accordance with W.S. 3-2-105 or 3-3-101 through 3-3-106.

Wyo. Stat. Ann. § 3-3-108 Payment or delivery of property in lieu of conservatorship.

(a) Any person under a duty to pay or deliver money or personal property to a minor for whom no conservator has been appointed may pay not more than twenty-five thousand dollars ($25,000.00) per annum or may deliver property of a value not more than twenty-five thousand dollars ($25,000.00) to: (i) The minor who is married or is emancipated; (ii) Any person having the care and custody of the minor with whom the minor resides; (iii) A guardian of the minor; or (iv) A financial institution incident to a deposit in a federally insured interest bearing account in the sole name of the minor with notice of the deposit to the minor. (b) The payment or the delivery provided in this section shall not be made if the person has actual knowledge that a conservator has been appointed or proceedings for appointment of a conservator of the estate of the minor are pending. (c) Subject to subsection (d) of this section, persons other than the minor or any financial institution under paragraph (a)(iv) of this section, receiving money or property for a minor, shall apply the money or property to the support, care and education of the minor. The money or property shall not be used as compensation to the recipient except for reimbursement of out-of-pocket expenses for goods and services necessary for the minor's support. Any excess sums shall be invested for future support of the minor and any balance not so used and any property received for the minor shall be turned over to the minor when he attains majority, is married or is emancipated. (d) If the person receiving money or property for a minor is the parent of the minor, he shall discharge fully his parental duties of support before reimbursing himself for out-of-pocket expenses as provided under subsection (c) of this section. (e) Persons who pay or deliver money or property in accordance with provisions of this section are not responsible for the proper application thereof by the recipient.

Wyo. Stat. Ann. § 3-3-201 Petition for appointment of conservator for absentee.

(a) Any person may file with the clerk a petition for the appointment of a conservator of the property of the absent owner when the following conditions exist: (i) A person owns property located in this state and his location is unknown and no provision for care, control and supervision of the property has been made; and (ii) The property is likely to be lost or damaged or the dependents of the owner are likely to be deprived of means of support because of the absence of the owner. (b) The petition shall state: (i) The name, age and last known address of the proposed ward and the names and addresses of the spouse and children of the proposed ward or of his parents if the proposed ward has no spouse or children or if he is a minor. If there are no spouse, children or parents, then the petition shall state the names and addresses of the proposed ward's brothers and sisters. If there are no brothers or sisters, then the petition shall state the names and addresses of the nearest known relatives of the proposed ward; (ii) The facts concerning the disappearance of the absentee; (iii) The name and address of the proposed conservator, and his qualifications to serve in that capacity; (iv) A general description of the property of the proposed ward within the state and of his right to receive property, the estimated present value of the real property, the estimated gross annual income of the estate and whether any money is payable, or to become payable, to the proposed ward from any source; (v) The facts showing the property of the absentee is likely to be lost or damaged, or his dependents are likely to be deprived of means of support because of his absence, and no proper provision has been made for the care, control and supervision of the property; and (vi) The interests of the petitioner.

Wyo. Stat. Ann. § 3-3-202 Original notice governed by rules of civil procedure.

Notice of the filing of the petition and of the time and place set for the hearing on the petition shall be served upon the absentee by publication as provided by the Wyoming Rules of Civil Procedure.

Wyo. Stat. Ann. § 3-3-203 Additional notice governed by rules of civil procedure.

(a) Notice of the filing of the petition and of the time and place set for the hearing on the petition shall also be served as provided by the Wyoming Rules of Civil Procedure on: (i) The spouse and children of the absentee; (ii) The testamentary beneficiaries, if known, and intestate heirs of the absentee; or (iii) The parents or guardian of the absentee if he is a minor.

Wyo. Stat. Ann. § 3-3-204 Pleadings and trial; rules of civil procedure.

All proceedings for the appointment of a conservator for an absent person shall be governed by the Wyoming Rules of Civil Procedure and the Wyoming Rules of Evidence.

Wyo. Stat. Ann. § 3-3-205 Appointment of conservator.

If the allegations of the petition are proved by a preponderance of the evidence, the court may appoint a conservator.

Wyo. Stat. Ann. § 3-3-206 Appointment of temporary conservator.

Upon the filing of a petition for a temporary conservator and after a hearing the court may appoint a temporary conservator subject to any notice and conditions the court prescribes.

Wyo. Stat. Ann. § 3-3-301 Voluntary petition for appointment of conservator; standby basis.

Any adult who is of sound mind may execute a petition for the voluntary appointment of a conservator of his property upon the express condition that the petition shall be acted upon by the court only upon the occurrence of a specified event or on the existence of a described condition of the mental or physical health of the petitioner. The occurrence of the specified event or the existence of the described condition shall be established in the manner directed in the petition.

Wyo. Stat. Ann. § 3-3-302 Petition may nominate conservator.

The petition may nominate a person for appointment to serve as conservator, and may request that the appointment be made without bond, or with bond of a certain stated sum. When appointing the conservator the court shall give due regard to the nomination and other requests and recommendations contained in the petition.

Wyo. Stat. Ann. § 3-3-303 Deposit of petition.

The petition may be deposited with any person, firm, bank or trust company selected by the petitioner.

Wyo. Stat. Ann. § 3-3-304 Revocation of petition.

Any time before the appointment of a conservator, the petition may be revoked by the petitioner if he is of sound mind. Revocation shall be accomplished by the destruction of the petition by the petitioner or by an instrument of revocation acknowledged by the petitioner and delivered to the depository.

Wyo. Stat. Ann. § 3-3-305 Filing petition upon occurrence of conditions.

Any time after the deposit of the petition and before its revocation, it may be brought on for hearing upon the filing of a statement verified by the person having possession of the petition showing that the event or the condition provided for in the petition has occurred. The petition and the verified statement shall be filed with the clerk of court of the county in which the person who executed the petition then resides.

Wyo. Stat. Ann. § 3-3-306 Time of appointment of conservator.

At the time the verified statement is filed, the court may appoint the conservator nominated in the petition or may set the petition for hearing on notice prescribed by the court.

Wyo. Stat. Ann. § 3-3-401 Appointment of ancillary or foreign guardians or conservators.

(a) When there is no conservatorship, nor any petition therefor pending in this state, a duly qualified foreign conservator or guardian of a nonresident ward may, upon application, be appointed conservator of the property of the person in this state. For good cause shown, the court may appoint a resident conservator to act jointly with a foreign conservator. (b) When a resident ward has a nonresident guardian or conservator, the guardian or conservator shall: (i) File a certified copy of the order establishing the guardianship or conservatorship; (ii) Obtain an order from a Wyoming court appointing him an ancillary guardian or conservator of the ward for as long as the ward is a resident of this state and the person remains the duly appointed guardian or conservator in the other state.

Wyo. Stat. Ann. § 3-3-402 Petition.

(a) The petition for appointment of a foreign or ancillary conservator or guardian as conservator in this state shall include: (i) The names and addresses of the nonresident ward and of the nonresident conservator or guardian; (ii) The name and address of the resident conservator; (iii) A certified copy of the letters of conservatorship or of guardianship issued to the foreign conservator or guardian; (iv) A certified copy of the bond of the foreign conservator or guardian or a certified copy of the order appointing the foreign conservator or guardian showing that no bond was required; (v) The description and estimated value of the nonresident ward's property in this state; and (vi) The name and address of the person in possession of the property in this state belonging to the nonresident ward.

Wyo. Stat. Ann. § 3-3-403 Personal property.

The court of the county where the nonresident ward has personal property may authorize the foreign conservator or guardian of a nonresident ward to receive the property upon compliance with the provisions of W.S. 2-11-301 through 2-11-303.

Wyo. Stat. Ann. § 3-3-404 Filing of bond.

The court may require the foreign or ancillary conservator or guardian to file a bond satisfactory to the court. The foreign or ancillary conservator or guardian shall file with the clerk of court his bond as required by the court of this state.

Wyo. Stat. Ann. § 3-3-405 Order for delivery.

Upon the filing of the bond required by the court of this state the court shall order the personal property of the nonresident ward delivered to the foreign conservator or guardian. The foreign conservator or guardian shall execute and file with the court a receipt itemizing the property of the nonresident ward received by him.

Wyo. Stat. Ann. § 3-3-406 Recording of bond; notice to court.

(a) The clerk shall mail to the court which granted the foreign letters of conservatorship or of guardianship copies of: (i) The letters of conservatorship or guardianship issued by the Wyoming court; (ii) The bond filed with the Wyoming court; and (iii) The receipt of the foreign conservator or guardian itemizing property delivered to and received by the foreign conservator or guardian and showing date of delivery.

Wyo. Stat. Ann. § 3-3-501 Designation of conservators; exception.

(a) The administrator of the Wyoming life resource center is appointed conservator of the estate of: (i) Each adult admitted to the Wyoming life resource center unless a conservator or other duly authorized agent has already been appointed for the person; and (ii) Each minor with an estate of more than five thousand dollars ($5,000.00) admitted to the center unless a conservator has already been appointed for the minor. (b) The superintendent of the Wyoming state hospital is appointed conservator of the estate of: (i) Each adult resident adjudged to be a mentally incompetent person unless a conservator or other duly authorized agent has already been appointed for the person; and (ii) Each minor with an estate of more than five thousand dollars ($5,000.00) admitted to the institution unless a conservator has already been appointed for the minor.

Wyo. Stat. Ann. § 3-3-502 Duration of appointment; bonds.

A conservator appointed under this article shall serve as conservator of the estates of the patients or residents of the institution until a successor has been appointed and qualified or until the conservatorship for any individual ward is otherwise terminated. The conservator's official bond as superintendent of the institution shall be sufficient security for all money and property coming into possession of the conservator unless the director of the department of health requires an additional bond.

Wyo. Stat. Ann. § 3-3-503 Authority generally; required reports.

(a) The conservator may: (i) Receive money or property of the ward paid or delivered to him; (ii) Disburse funds of the ward necessary for the support, maintenance and general welfare of the ward; (iii) With the consent and approval of the director of the department of health, invest a reasonable amount of the funds in any investment authorized by Wyoming law, and reconvert the investment into cash when needed for the ward's support and maintenance. (b) The conservator shall: (i) Deposit excess funds of the ward in a federally insured interest bearing account in a financial institution of his choice; (ii) Submit an annual report to the court having jurisdiction accounting for all money and property coming into his possession for the benefit of each ward and itemizing all disbursements made from the ward's assets.

Wyo. Stat. Ann. § 3-3-504 Transfer of funds to court appointed conservator.

If a conservator for a minor or incompetent person is appointed by a court of this state after the person has been admitted to the Wyoming life resource center or the Wyoming state hospital, the conservatorship created for the ward under this article shall terminate and all money and property of the ward in the possession of the conservator appointed under this article shall be delivered to the court appointed conservator upon proof of his appointment and qualification.

Wyo. Stat. Ann. § 3-3-505 Transfer of funds to successor upon termination of appointment as superintendent.

Upon termination of his appointment as superintendent of the institution, a conservator appointed under this article shall transfer to his successor all funds and property which he holds as conservator.

Wyo. Stat. Ann. § 3-3-506 Transfer of funds upon discharge, etc., of minor or incompetent.

Upon termination of the conservatorship by the death of the ward or by his discharge from the institution, all assets of the ward in the possession of a conservator appointed under this article shall be delivered to the person entitled by law to receive them.

Wyo. Stat. Ann. § 3-3-601 General duties of conservator.

The conservator of the estate shall protect and preserve it, invest it prudently, account for it as provided in the Wyoming statutes, expend it for the benefit of the ward and perform all other duties required by law. At the termination of the conservatorship, the conservator shall deliver the assets of the ward to the person entitled to receive them.

Wyo. Stat. Ann. § 3-3-602 Inventory of ward's property.

Within ninety (90) days after the date of his appointment, or, within additional time allowed by the court, a conservator shall file in the court a verified inventory of all of the property of the ward which has come into his possession or of which he has knowledge. When any property of the ward not listed in the inventory comes into the possession or to the knowledge of the conservator, he shall include the after discovered property in his next accounting.

Wyo. Stat. Ann. § 3-3-603 Disposition of will by conservator.

When the conservator receives an instrument purporting to be the will of the ward he shall immediately deliver it to the court.

Wyo. Stat. Ann. § 3-3-604 Court order to preserve testamentary intent of ward.

The court may read the instrument purporting to be the will of the ward which the conservator delivered to the court. With or without notice as it may determine, the court may enter any orders it deems advisable for the proper administration of the conservatorship in light of the expressed testamentary intent of the ward.

Wyo. Stat. Ann. § 3-3-605 Court to file sealed copy and deliver will to conservator.

A copy of an instrument purporting to be the will of a ward coming into the possession of the court under W.S. 3-3-603, shall be made, sealed and deposited in the file of the conservatorship. The original copy of the will shall be sealed and returned to the conservator.

Wyo. Stat. Ann. § 3-3-606 Powers of conservator without order of court.

(a) Without prior order of the court the conservator may: (i) Collect, receive, receipt for any principal or income; (ii) Enforce, defend against or prosecute any claim by or against the ward or the conservator; (iii) Sue on and defend claims in favor of or against the ward or the conservator; (iv) Sell and transfer personal property of a perishable nature and personal property for which there is a regularly established market; (v) Vote at corporate meetings in person or by proxy; (vi) Receive additional property from any source; (vii) Continue to hold any investment or other property originally received by him, and any increase thereof, pending the timely filing of the first annual report; (viii) Apply the principal, income and profits of the estate of the ward, to the extent necessary, for the comfortable and suitable maintenance, education, support and care of the ward in an amount proportionate to the value of his estate or his condition in life taking into account any parental duty of support as provided in W.S. 3-3-607; (ix) Invest the funds belonging to the ward; (x) Pay the funds to or for the benefit of the ward in any of the following ways: (A) Directly to the ward; (B) Directly to the provider for the maintenance, support, education and care of the ward; (C) To the legal guardian of the person of the ward; or (D) To anyone who at the time has the custody and care of the person of the ward. (xi) Appear for and represent the ward in all legal proceedings, unless another person is appointed for that purpose, and prosecute or defend actions, claims or proceedings in any jurisdiction for the protection of estate assets and of the conservator in the performance of his duties; (xii) Request the court to modify the conservator's range of duties if the changed circumstances of the ward require such modifications.

Wyo. Stat. Ann. § 3-3-607 Powers of conservator subject to the approval of the court.

(a) Upon order of the court after hearing and notice as prescribed by the court the conservator may: (i) Apply any portion of the income or of the estate of the ward for the support of any person for whose support the ward is legally liable; (ii) Compromise or settle any claim by or against the ward or the conservator, and adjust, arbitrate or compromise claims in favor of or against the ward or conservator; (iii) Apply the income and profits of the minor ward for his maintenance, care, support and education if the court finds that the parent of the minor ward should be relieved of the obligation of parental support; (iv) Do any other thing that the court determines to be in the best interest of the ward and his estate; (v) Sell, mortgage, exchange, pledge or lease real and personal property belonging to the ward, including the homestead and exempt personal property when it appears to be in the best interest of the ward, in the same manner and by the same procedure provided by title 2, Wyoming statutes for the sale, mortgage, exchange, pledge and lease by personal representatives in administration of estates of decedents; (vi) Create a written revocable inter vivos trust, with a corporate trustee whose principal place of business is in Wyoming and which has trust powers under or in accordance with the laws of Wyoming, and transfer to the trust any part or all of the assets belonging to the ward. The trust shall provide by its terms that it may be revoked at any time by the court in which event the trustee shall deliver all of the trust assets then in its possession in accordance with the order of the court.

Wyo. Stat. Ann. § 3-3-608 Appointment of attorney in compromise of personal injury settlements.

Notwithstanding the provisions of W.S. 3-3-607(a)(ii), prior to authorizing a compromise of a claim for damages on account of personal injuries to the ward, the court may order an independent investigation by an attorney other than the attorney for the conservator. The cost of the investigation, including a reasonable attorney fee, shall be taxed as part of the cost of the conservatorship.

Wyo. Stat. Ann. § 3-3-609 Powers of conservators; same as fiduciaries.

Except as expressly modified in title 3, Wyoming statutes, a conservator has the powers relating to all fiduciaries as provided in title 2, Wyoming statutes.

Wyo. Stat. Ann. § 3-3-610 Breach of contracts.

A conservator may breach contracts of the ward entered into by the ward prior to the appointment of the conservator after notice and hearing and order of the court for good cause. The conservator shall incur the same liability of the ward's estate for the breach as the ward would have incurred for the breach had he been competent.

Wyo. Stat. Ann. § 3-3-611 Tort liability of conservator.

The fact that a person is a conservator or a guardian shall not in itself make him personally liable for damages for the acts of his ward.

Wyo. Stat. Ann. § 3-3-701 Claims against the ward.

Claims against the ward accruing before or after the appointment of the conservator, and whether arising in contract or tort after being allowed or established as provided in W.S. 3-3-701 through 3-3-711, shall be paid by the conservator from the assets of the conservatorship.

Wyo. Stat. Ann. § 3-3-702 Filing of claim; exceptions.

(a) All claims against the ward shall be filed in duplicate with the clerk of the court in which the conservatorship was created. If only one (1) copy of a claim is filed, the clerk shall make a duplicate and shall charge the claimant a reasonable fee. (b) The clerk shall forthwith transmit to the conservator one (1) copy of each claim filed. (c) Any claim not in excess of two hundred dollars ($200.00) may be allowed by the conservator without the filing of the claim by the creditor. The conservator is accountable to the court for paying a claim under this subsection. (d) Valid contract claims arising in the ordinary course of the conduct of the business or affairs of the ward by the conservator may be paid by the conservator without requiring affidavit or filing.

Wyo. Stat. Ann. § 3-3-703 Affidavit and supporting documentation.

(a) When a claim is filed with the clerk it shall be supported by satisfactory vouchers or other evidence supporting the claim, and by the affidavit of the claimant or someone in his behalf that the account is justly due, or if it is not due, when it will or may become due, that no payments have been made thereon which are not credited, and that there are no offsets to the claim to the knowledge of the affiant. If the claim is not due when filed or is contingent, an explanation of the claim shall be stated. (b) If the claim is founded on a bond, bill, note or other instrument, a copy of the instrument shall accompany the claim. The original instrument shall be exhibited to the conservator if demanded, unless it is lost or destroyed, in which case the claimant shall accompany his claim by his affidavit containing a copy or particular description of the instrument and stating its loss or destruction. If the claim, or any part thereof, is secured by a mortgage or other lien which has been recorded or filed in the office of the county clerk in the county in which the land or property affected by it is situate, it is sufficient to describe the mortgage or lien and refer to the date, filing number and volume and page of its record.

Wyo. Stat. Ann. § 3-3-704 Claims of conservators.

(a) If the conservator is a creditor of the ward, he shall file his claim as other creditors and the court shall appoint a competent person as temporary conservator to represent the ward in the matter allowing or disallowing the claim. The same procedure shall be followed in the case of joint conservators, where all of the conservators are creditors of the ward. If one (1) of the joint conservators is not a creditor of the ward, the disinterested conservator shall represent the ward in the matter of allowing or disallowing the claim against the estate by a conservator. (b) The temporary conservator shall investigate the claim and report his findings to the court and his recommendation whether the claim should be allowed or disallowed. If the court disallows the claim, it shall be treated as a rejected claim.

Wyo. Stat. Ann. § 3-3-705 Claims; statutes of limitations.

(a) The filing of a claim in the conservatorship tolls the statute of limitations applicable to the claim until the claim is rejected by the conservator. (b) It is within the discretion of the conservator to determine whether or not the applicable statute of limitations shall be invoked to bar a claim which he believes to be just, and his decision as to invoking the statute shall be final.

Wyo. Stat. Ann. § 3-3-706 Allowance and rejection of claims.

(a) Within sixty (60) days after the filing of a claim, the conservator shall either allow the claim in a writing filed with the clerk, or reject the claim in whole or in part in a writing filed with the clerk. (b) When a claim has been filed with the clerk and is rejected in whole or in part, the conservator shall, immediately upon rejection, notify the claimant by certified mail.

Wyo. Stat. Ann. § 3-3-707 Action precluded until claim rejected; exception.

No holder of a claim against a ward shall maintain any action thereon unless the claim is first rejected in whole or in part by the conservator and the rejection filed with the clerk.

Wyo. Stat. Ann. § 3-3-708 Compelling payment of claims.

(a) No claimant may compel payment of his claim until it has been duly filed and allowed by the conservator or reduced to judgment and a certified copy of the judgment filed with the clerk. (b) Any judgment rendered upon any claim for money only establishes the claim as if it had been allowed by the conservator. The judgment shall order that the conservator pay the amount adjudged to be due, to the extent of assets available, to satisfy claims against the ward, augmented by any liability insurance proceeds available as to the claim. (c) If judgment is for the recovery of real or personal property or the enforcement of lien thereon, no execution shall issue until ten (10) days after a certified copy of the judgment has been filed with the clerk.

Wyo. Stat. Ann. § 3-3-709 Judgments; execution and levy.

(a) When a judgment has been entered against the ward prior to the appointment of a conservator, no execution shall issue thereon after the conservator is appointed unless the judgment is for the recovery of real or personal property or the enforcement of a lien. A judgment against the ward for the recovery of money shall be filed with the clerk as any other claim. If execution is levied upon any property of the ward before the appointment of a conservator, the property may be sold for the satisfaction of the judgment and the officer making the sale shall account to the conservator for any surplus realized from the sale. (b) A judgment rendered against a ward for whom a conservator is appointed after verdict or decision on an issue of fact, but before judgment is entered, shall be filed with the clerk as any other claim. (c) No execution shall issue upon nor any levy be made against any property of the estate of a ward under any judgment against the ward or conservator, unless the judgment is for the recovery of real or personal property or the enforcement of a lien. (d) This section shall not be construed to prevent the enforcement of a mortgage, pledge or other lien upon property in an appropriate proceeding.

Wyo. Stat. Ann. § 3-3-710 Pending actions against the ward.

Any action, including any counterclaim in any pending action, pending against the ward at the time the conservator is appointed, shall be considered a claim filed in accordance with the provisions of W.S. 3-3-702 and 3-3-703, if notice of substitution of the conservator as a party to the action is served on the conservator and a duplicate of proof of service of the notice of the substitution is filed with the clerk.

Wyo. Stat. Ann. § 3-3-711 Payment of claims in insolvent conservatorship.

When it appears the assets of the ward are insufficient to pay in full all claims against the ward, the conservator shall report the relevant facts to the court. The court shall, upon hearing, with notice to all persons who have filed claims, order the pro rata payment of claims giving claimants the same priority, if any, as they would have if the ward were not under conservatorship. Priority of payment shall be given to court costs and other costs of administration of the conservatorship.

Wyo. Stat. Ann. § 3-3-801 Conservator may make gifts.

For good cause shown and under order of court, a conservator may make gifts on behalf of the ward out of the assets of the ward to persons or religious, educational, scientific, charitable or other nonprofit organizations to whom or to which gifts were regularly made prior to the appointment of the conservator. The making of gifts from the assets of the ward shall not foreseeably impair the ability to provide adequately for the best interests of the ward.

Wyo. Stat. Ann. § 3-3-901 Conservator shall report and account.

(a) A conservator shall present to the court and file in the conservatorship proceedings a written verified report and accounting of his administration: (i) Annually, within sixty (60) days following the anniversary date of his appointment, unless the court otherwise orders on good cause shown; (ii) Upon filing his resignation and before his resignation is accepted by the court; (iii) Within thirty (30) days following the date of his removal; (iv) Within sixty (60) days following the date of termination of the conservatorship, unless that time is extended by the court; (v) At other times as the court may order.

Wyo. Stat. Ann. § 3-3-902 Requirement of report and accounting.

(a) The report and accounting required by W.S. 3-3-901 shall account for all of the assets, property and income of the ward during the period since the close of the last previous accounting, and shall include the following information so far as applicable: (i) The balance of funds on hand at the close of the previous accounting, and all amounts received from whatever source during the period covered by the accounting; (ii) An itemized account of all disbursements made during the period covered by the accounting; (iii) Changes in investments since the last previous report, including a list of all assets and recommendations of the conservator for the retention or disposition of any property held by the conservator; (iv) The amount of the bond of the conservator and the name of the surety; (v) The residence or physical location of the ward; (vi) The general physical and mental conditions of the ward; (vii) A description of those duties the conservator is exercising under W.S. 3-3-606 and 3-3-607; and (viii) Such other information necessary to show the condition of the affairs of the conservatorship.

Wyo. Stat. Ann. § 3-3-1001 Payment of court costs.

No order shall be entered approving an annual report of a guardian or conservator until the court costs which have been incurred in the guardianship or conservatorship have been paid or provided for.

Wyo. Stat. Ann. § 3-3-1002 Court costs of guardianship.

The ward or his estate shall be charged with the court costs of a guardianship of a ward, including the reasonable fees of the guardian and the attorney for the guardian.

Wyo. Stat. Ann. § 3-3-1003 Court costs of conservatorship.

The ward or his estate shall be charged with the court costs of a conservatorship for a ward, including the reasonable fees of the conservator and the attorney for the conservator.

Wyo. Stat. Ann. § 3-3-1004 Settlement of accounts.

The court shall settle each account filed by a conservator by allowing or disallowing it, either in whole or in part, or by surcharging the account against the conservator.

Wyo. Stat. Ann. § 3-3-1101 Cause for termination.

(a) A guardianship shall cease, and a conservatorship shall terminate, upon the occurrence of any of the following circumstances: (i) If upon attaining the age of majority when the ward is a minor who has not been adjudged an incompetent person or a mentally incompetent person; (ii) The death of the ward, subject to W.S. 3-2-109(a)(iii) and 3-2-201(a)(x); (iii) A determination by the court that the ward is competent and capable of managing his property and affairs, and that the continuance of the guardianship or conservatorship is not in his best interest; (iv) A determination by the court that the guardian or conservator is not acting in the best interest of the ward. In such case, the court shall appoint another guardian or conservator; (v) Upon determination by the court that the conservatorship or guardianship is no longer necessary for any other reason.

Wyo. Stat. Ann. § 3-3-1102 Assets exhausted.

(a) When the assets of the estate of the ward do not exceed the amount of charges and claims against them, the court may direct the conservator to proceed to terminate the conservatorship. (b) When the assets of a minor ward are exhausted or consist of only personal property of an aggregate value not in excess of five thousand dollars ($5,000.00), the court, upon application or upon its own motion, may terminate the conservatorship and direct the conservator to deliver the property to the parent or other person having custody of a minor ward for the use of the ward after payment of allowed claims and expenses of administration. Delivery of the property has the same force and effect as if delivery had been made to the ward after he attains majority.

Wyo. Stat. Ann. § 3-3-1103 Accounting to ward; notice of hearing.

Upon termination of a conservatorship, the conservator shall pay the costs of administration and render a full and complete accounting to the ward or his personal representative and to the court. Notice of hearing on the final report of a conservator shall be served on the ward or his personal representative unless notice is waived. Notice shall be served at the time and in the manner prescribed by the court.

Wyo. Stat. Ann. § 3-3-1104 Delivery of assets.

Upon termination of a conservatorship, all assets of the ward shall be delivered, under direction of the court, to the person or persons entitled thereto.

Wyo. Stat. Ann. § 3-3-1105 Petition to terminate.

(a) At any time, not less than six (6) months after the appointment of a guardian or conservator, the ward may petition the court alleging that he is no longer a proper subject of the guardianship or conservatorship and asking that the guardianship or conservatorship be terminated. (b) If any petition for termination of guardianship or conservatorship is denied, no other petition for termination may be filed until six (6) months have elapsed since the denial of the former petition.

Wyo. Stat. Ann. § 3-3-1106 Discharge of conservator and release of bond.

Upon settlement of the final accounting of a conservator and upon determination that the property of the ward has been delivered to the person or persons lawfully entitled thereto, the court shall discharge the conservator and discharge the surety on the bond of the conservator.

Wyo. Stat. Ann. § 3-3-1107 Termination of guardianships; reintegration plan.

(a) Upon the filing of a petition for termination of guardianship by a parent, the court shall consider the best interests of the child while giving deference to the rebuttable presumption that a fit parent is entitled to custody of their child. (b) If the parent was found unfit at the time the guardianship was ordered, upon the parent's successful petition for the termination of guardianship the court may create a reintegration plan to impose any necessary requirements to facilitate the child's return to the parent including: (i) Establishing a graduated visitation schedule for the parent; (ii) Requiring the parent to attend a parenting class or other appropriate education or treatment designed to address the problems that contributed to the necessity for a guardianship and to pay all or part of the cost of the class, education or treatment in accordance with the parent's ability to pay; (iii) Any other provision the court deems necessary.
Source: WY Statutes (Official Site)URL: https://wyoleg.gov/statutes/compress/title03.pdfFetched: 10/4/2026