Wyoming Statutes
Wyo. Stat. § 2-7-717 (2026)
Action precluded until claim rejected; exception.
✓ current as of May 2026
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No holder of any claim against an estate shall maintain any action thereon unless the claim is first rejected in whole or in part by the personal representative and the rejection filed with the clerk, except an action may be brought by any holder of a mortgage or lien, including liens under W.S. 42-4-207, to enforce the same against the property of the estate subject thereto where all recourse against the other property of the estate is expressly waived in the complaint or no claim for deficiency is made in proceedings for foreclosure by advertisement and sale under W.S. 34-4-101 through 34-4-113.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1982–2023 · leading case: Rodriguez v. Casey, 2002 WY 111 (Wyo. 2002).
Rodriguez v. Casey, 2002 WY 111 (Wyo. 2002). “*328 [¶ 14] In granting the Wilkoske Estate's motion for judgment on the pleadings, the district court emphasized Wyo. Stat. Ann. § 2-7-717 , the pertinent language from which we will repeat: No holder of any claim against an estate shall maintain any action thereon unless the…”
Yost v. Harpel Oil Co., 674 P.2d 712 (Wyo. 1983). “Section 2-7-717, W.S. 1977 (1980 Replacement) requires: "No holder of any claim against an estate shall maintain any action thereon unless the claim is first rejected in whole or in part by the personal representative and the rejection filed with the clerk * * *.”
WYHY Fed. Credit Union v. Burchell, 643 P.2d 471 (Wyo. 1982). “” Section 2-7-717 provides: “No holder of any claim against an estate shall maintain any action thereon unless the claim is first rejected in whole or in part by the personal representative and the rejection filed with the clerk, except an action may be brought by any holder of…”
Beit Hanina Enter., Inc. v. Moffett, 267 P.3d 1070 (Wyo. 2011). “" First, the court ruled BHE's attempt to include the Estate in its ongoing lawsuit on October 15, 2010, was in compliance with Wyo. Stat. § 2-7-717, which requires that a claimant not bring or pursue a suit to judgment until the claim *1072 has been filed and rejected by the…”
Taylor v. Est. of Taylor, 719 P.2d 234 (Wyo. 1986). “The holder of a claim against an estate is inhibited from maintaining any action thereon unless the claim is first rejected by the personal representative and that rejection filed with the clerk, § 2-7-717, W.S. 1977. Section 2-7-718, W.”
V-1 Oil Co. v. Ranck, 767 P.2d 612 (Wyo. 1989). “THE “PROPER COURT” Any person with a claim against an estate with assets and probate administration located in Wyoming cannot maintain an action on the claim until it has been rejected by the personal representative of the estate.”
Scott v. Scott, 918 P.2d 198 (Wyo. 1996). “§ 2-7-717 [ (1980) ]. Action precluded until claim rejected; exception.”
In the Matter of the Est. of Mary Mae Fisher, Deceased: Dwight Lyman & Betty L. Lyman, Trs. of the Dwight Lyman Living Trust Dated November 11, 2016, & Betty L. Lyman & Dwight Lyman, Trs. of the Betty L. Lyman Living Trust Dated November 11, 2016 v. George Wayne Fisher, 2023 WY 25 (Wyo. 2023). “See § 2-7-703 (any creditor’s claim not timely filed is “barred forever”); § 2-7-706 (“Where a cause of action against the decedent survives his death under W.S. 1-4-101 and 1-4-102, before an action may be brought thereon in any court, a claim based thereon shall be filed and…”
Montgomery-Stryker Funeral Home, Inc. v. West, 120 P.3d 194 (Wyo. 2005). “2 On October 1, 2004, the personal representative filed a motion to dismiss for lack of subject matter jurisdiction in the cireuit court action alleging that Montgomery-Stryker was precluded from filing suit because its claim had not been rejected in accordance with Wyo. Stat.…”
Ivinson Mem'l Hosp. v. Swindler, 828 P.2d 1190 (Wyo. 1992). “” Wyo. Stat. § 2-7-717 (1980) authorizes the filing of a suit such as that at issue here once a creditor’s claim has been rejected and the rejection has been filed with the clerk.”
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