Probate in Wyoming: small estates, no will, and skipping court
The short answer
In Wyoming, family can collect personal property by affidavit, or ask a court for summary distribution, if the estate is $400,000 or less after liens. Both need a 30-day wait after death. The limit rose from $200,000 on July 1, 2025. A recorded transfer-on-death deed passes a house without probate.
When someone dies in Wyoming, the family's first question is usually practical. Do we have to go to court, and how long will it take?
Often the answer is no, or not for long. Wyoming doubled its small estate limit in 2025, and it has a deed that passes a house without court. This page covers both, plus who inherits if there is no will. It is part of our state guides to estate planning. If the word is new, start with what probate is.
Can my family use a small estate affidavit in Wyoming?
Yes, if the estate fits. Wyoming has two shortcuts, and both use a $400,000 limit, measured after liens and encumbrances (W.S. 2-1-201, 2-1-205).
That limit was $200,000 until a 2025 law raised it, effective July 1, 2025 (2025 Enrolled Act No. 85). Older articles online still show $200,000.
| Item | Affidavit for personal property | Summary distribution |
|---|---|---|
| What it covers | Bank accounts, money owed, securities, vehicles | Personal or real property, including mineral interests |
| Value limit | Wyoming estate of $400,000 or less, less liens | Entire estate of $400,000 or less, less liens |
| Earliest you can use it | 30 days after death | 30 days after death |
| Court involved? | No hearing; file the affidavit with the county clerk | Yes; apply to the court for a decree |
| Other steps | Present a certified copy to the bank or holder | Publish notice once a week for two weeks, mail notice, then record the decree with the county clerk |
For the affidavit, no personal representative can be pending or appointed in Wyoming. Once the bank gets a certified copy, it must pay. If it refuses for 45 days without just cause, a court can order it to pay the family's attorney fees (W.S. 2-1-202).
Summary distribution is the route for a house or land. It needs a sworn report of value for Wyoming real estate. If there is no timely objection, the court enters a decree.
Who inherits if there's no will?
Wyoming is not a community property state. Its rules are short, and one of them surprises many families (W.S. 2-4-101).
- Spouse and children: the spouse takes half. The children share the other half, with a deceased child's descendants taking that child's share. This is true even if every child is also the spouse's.
- Spouse and no descendants: the spouse takes everything.
This differs from the Uniform Probate Code model, where a spouse can take everything when all the children are shared. A married couple who wants the survivor to keep the whole estate needs a will, a trust or joint ownership.
With no spouse, the estate goes in this order:
- Your children, and the descendants of any child who died.
- Your father, mother, brothers and sisters, in equal parts, with a deceased sibling's descendants taking that share. Parents and siblings share together.
- Your grandparents, uncles, aunts and their descendants, in equal parts.
Half-siblings inherit the same as full siblings. Stepchildren and foster children don't inherit (W.S. 2-4-104).
Friends never appear on this list. If you want a friend, a church or a neighbor to receive anything, it has to be in a will or trust. Our post on dying without a will covers what happens when the list runs short.
Who serves as personal representative?
Wyoming uses "personal representative" for the executor. The executor named in the will has the right to serve. But if they don't petition within 30 days after learning of the death and their nomination, they are treated as declining, unless they show good cause (W.S. 2-6-202).
With no will, the court appoints an administrator in this order (W.S. 2-4-201):
- The surviving spouse, or a competent person the spouse asks for.
- The children.
- The father or mother.
- Brothers or sisters.
- Grandchildren.
- Other next of kin who inherit.
- Creditors.
- Any legally competent person.
A personal representative is a fiduciary: legally required to act in the estate's interest and follow what the will says.
Can someone out of state serve?
It depends on whether there is a will. This is a real trap.
- Named in a will: any U.S. resident and citizen can serve. A nonresident must name a Wyoming resident, bank or trust company as agent for legal papers, or the court will revoke their authority (W.S. 2-11-301).
- No will: a nonresident can't serve as administrator unless a Wyoming resident is appointed as co-administrator (W.S. 2-4-203).
If your closest family lives out of state, a will naming them makes their job much easier.
Is there an informal probate option?
Not in the way many states have one. Wyoming's shortcuts are the $400,000 affidavit and summary distribution above. Wyoming's probate title has no separate informal or independent administration procedure. Our post on the probate process walks through the general steps, and how long probate takes covers timing.
How long do creditors have?
After letters issue, the personal representative publishes a notice once a week for three weeks. Creditors then have three months from the first publication to file with the clerk of court, or they are barred (W.S. 2-7-201, 2-7-703).
Known creditors must be mailed notice. They get the later of three months after first publication or 30 days after the mailing. The estate can't be closed earlier than three months after first publication (W.S. 2-7-204).
How much is the personal representative paid?
Wyoming sets a schedule based on the probate estate (W.S. 2-7-803):
- 10 percent of the first $1,000
- 5 percent from $1,000 to $5,000
- 3 percent from $5,000 to $20,000
- 2 percent of everything over $20,000
The court may allow more for unusual circumstances or extra work like tax matters or lawsuits. A personal representative may waive the fee in writing, and many family members do. Our post on what an executor gets paid compares approaches.
Can my house skip probate?
Yes, with a transfer-on-death deed. A deed that names a beneficiary and says it takes effect at your death passes the property then, subject to any liens (W.S. 2-18-103).
What to know:
- It must be signed and recorded with the county clerk before your death.
- It can name several beneficiaries, successor beneficiaries, or the trustee of your revocable trust.
- You can revoke it by recording a revocation. The last deed recorded before death controls.
- The state health department may assert a Medicaid recovery lien against the property.
A living trust is the other common way to keep land out of court. Our post on what a trustee does explains that role, and how to avoid probate compares the options.
Will my heirs owe Wyoming estate or inheritance tax?
No. The Wyoming Department of Revenue says no Wyoming estate tax is due for deaths after December 31, 2004, and it issues a certificate showing no inheritance or estate tax due (Wyoming Department of Revenue estate tax summary).
Which path fits?
| Situation | Likely path in Wyoming |
|---|---|
| Personal property, estate of $400,000 or less after liens | Affidavit, filed with the county clerk, 30 days after death |
| House or land, estate of $400,000 or less after liens | Summary distribution decree |
| House with a recorded transfer-on-death deed | Passes to the beneficiary without probate |
| Larger estate | Probate in district court, with a three-month creditor period |
| No will and the closest family lives out of state | Administration with a Wyoming co-administrator |
Here is a typical case, a composite. Dorothy, 78, lived in Laramie and was widowed. Her house had a recorded transfer-on-death deed naming her niece. Her accounts came to about $90,000. Thirty days after Dorothy died, her niece filed an affidavit with the county clerk and collected the accounts. The house passed under the deed. There was no court case.
Some people would rather not leave this to a niece in another state. Trella Trust Company, through a Kinly membership, can be named as executor or trustee, first or as backup to someone you choose. If it steps in and settles the estate, that work is charged by the hour, and you see the rates before anything starts.
Before death, the papers that matter most are your powers of attorney. See our Wyoming financial power of attorney guide and Wyoming medical power of attorney guide.
Common questions
What is the small estate limit in Wyoming?
$400,000, less liens and encumbrances, for both the affidavit and summary distribution. It rose from $200,000 on July 1, 2025, and both require waiting 30 days after death.
Does a surviving spouse inherit everything in Wyoming?
Only if there are no children or other descendants. With children, the spouse takes half and the children share the other half, even when all the children are the spouse's.
Can someone who lives in another state be a personal representative in Wyoming?
Yes, if named in a will, as long as they are a U.S. resident and citizen and name a Wyoming agent for legal papers. Without a will, a nonresident needs a Wyoming resident appointed as co-administrator.
Does Wyoming have an inheritance tax?
No. Wyoming has no estate or inheritance tax for deaths after 2004.
How long do creditors have in Wyoming probate?
Three months after the first published notice. Known creditors who get a mailed notice have the later of three months after publication or 30 days after the mailing.
Sources
- Wyoming Statutes Title 2, including W.S. 2-1-201, 2-1-202, 2-1-205, 2-4-101, 2-4-104, 2-4-201, 2-4-203, 2-6-202, 2-7-201, 2-7-204, 2-7-703, 2-7-803, 2-11-301 and 2-18-103 (Wyoming Legislature)
- 2025 Enrolled Act No. 85 (SF0104), small estate limits (Wyoming Legislature)
- Wyoming Department of Revenue, estate tax summary
- Wyoming Department of Revenue, Excise Tax Division forms
This page is general information, not legal or financial advice. Laws vary by state.