Wyoming Statutes

Wyo. Stat. § 2-7-401 (2026)

Personal representative entitled to possession of

✓ current as of May 2026

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all property; duty to repair; actions by heirs for possession or
to quiet title.

The personal representative is entitled to possession of all
real and personal estate of the decedent, and to receive the
rents and profits of the real estate until the estate is settled
or until delivery by order of the court to the heirs or
beneficiaries. He shall keep in good repair all houses,
buildings and fixtures under his control. The heirs or
beneficiaries may themselves or jointly with the personal
representative maintain an action for possession of the real
estate or for quieting title to the same, against anyone except
the personal representative, but this section shall not be so
construed as requiring them to do so.

Notes of Decisions

Cited in 3 cases, 1987–2018 · leading case: Britain v. Britain (In re Est. of Britain), 425 P.3d 978 (Wyo. 2018).

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Britain v. Britain (In re Est. of Britain), 425 P.3d 978 (Wyo. 2018). “§ 2-7-103 (LexisNexis 2017) (personal representative charged with taking possession of all the estate of the decedent and collecting all debts due to the decedent or the estate); §§ 2-7-104 through 110 (LexisNexis 2017) (actions maintainable by or against a personal…”

Landen v. Prod. Credit Ass'n of the Midlands, 737 P.2d 1325 (Wyo. 1987). “In support of his claim, appellant refers the Court to § 2-7-401, W.S.1977, which provides in pertinent part: “The personal representative is entitled to possession of all real and personal estate of the decedent, and to receive the rents and profits of the real estate until the…”

Ajemian v. Yahoo!, Inc. (Mass. 2017). “pdf [https://perma.cc/SG32-ZUHY] ("Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, except that any real property or tangible personal property may be left with or…”

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