Both parents passed and left no will. The youngest child has come in and has taken over and made himself the executor of the estate. He is making all the decisions and saying how it will be. Demanding home to be sold which is free and clear no liens. But in Wyoming is the oldest child the one to handle the estate and make decisions sense there is no will. And do you have to go to through any probate when there is no will.
Probate is usually required unless there was a child on title as a joint tenant or if there was a trust the property was put in. Any of the children could petition the court to be executor if there is no will. You can also contest your siblings appointment. You need to speak to a probate/estate attorney.
Whether or not a formal probate is opened depends upon the size of the probate estate, not whether or not there is a Will. If it is over $200,000 then a formal probate is required, but even when the probate estate is under that amount, we sometimes do a formal probate when we want to take advantage of some of the protections the formal process affords (like identifying and avoiding creditor claims, appointment of one person to handle the estate, making sure property is sold at a fair price and proceeds properly distributed).
If there is no Will, an "executor" is not appointed. Instead the court appoints an estate "administrator." Since the jobs are the similar, it is common to refer to either as the "personal representative." It is important that you and your siblings understand that no one becomes executor, administrator, or personal representative until a petition is filed and they are qualified and appointed as such by the court. A bond must be posted unless it is waived under the Will or by all the heirs. You could either object to the appointment or refuse to waive the bond. Acting as the executor, administrator, or personal representative of an estate without first being appointed by the court is a criminal act in Wyoming.
Furthermore, the court appointed executor, administrator, or personal representative doesn't just get to do whatever they want. (That is why the bond is required.) There are statutory deadlines that must be met in preparing and filing an inventory and valuation. The court's permission must be obtained to sell assets like real estate, and the sale must be for fair market value. An accounting must be filed and proper creditor claims paid before distribution can be made. At any point along the way the heirs can object, but that usually results in higher probate costs.
As for your lead question, no, the oldest child does not have a presumptive preferential right to being appointed as executor, administrator, or personal representative or in otherwise handling the estate. Birth order has nothing to do with it. Unlike the succession to the throne, all children are treated as equally eligible if no one is nominated under a Will. The question for the court is whether the person petitioning is fit, proper and qualified.
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