After a death in Wyoming

Small estates

Two simplified options for estates worth $400,000 or less after liens and encumbrances. The limit was $200,000 in the 2024 statutes and is $400,000 in the 2025 statutes. 1) Small estate affidavit (Wyo. Stat. 2-1-201): 30 days after death, a distributee signs an affidavit and files it with the county clerk, then gives a certified copy to whoever holds the personal property, money owed, stocks or vehicles. It does not transfer real estate. 2) Summary procedure for real estate (Wyo. Stat. 2-1-205): at least 30 days after death, an application is filed and notice is published once a week for two weeks; the court then issues a decree transferring the real estate.

• Limit: $400,000 (entire Wyoming estate, less liens and encumbrances)
• Waiting time after the death: 30 days
• Source: the official source

Probate court

In Wyoming, estates are handled by the District Court in the county where the person lived., usually in the county where the person lived.

Creditor claims: 3 months from the first publication of the notice to creditors (Wyo. Stat. 2-7-201).

Official court forms

Probate | Wyoming Judicial Branch

Free court forms and instructions for small estates, to pass on personal property by affidavit or real property through a short court process.

Small estate form: open the form

The linked affidavit (PPP 02) is for when there is no will; PPP 04 on the same page is for when there is a will.

Estate and inheritance tax

• State estate tax: No. Wyoming has no state estate tax.
• Inheritance tax: No. Wyoming has no inheritance tax.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: Yes. Transfer on death deed (Wyo. Stat. 2-18-103), with a statutory form (2-18-104) and revocation form (2-18-105).
• Community property state: No.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: In writing or typed, signed by the will maker, and witnessed by two competent witnesses (Wyo. Stat. 2-6-112). Witnesses may appear by real time audio video. A witness who benefits under the will can lose that gift unless two other disinterested witnesses signed.

Handwritten wills: Valid, witnessed or not, if entirely in the will maker’s handwriting and signed by the will maker (Wyo. Stat. 2-6-113).

Power of attorney and health care directive

Financial power of attorney: Wyoming Uniform Power of Attorney Act (Wyo. Stat. Title 3, Chapter 9). The principal must sign (or have someone sign in their conscious presence at their direction). If acknowledged before a notary, the signature is presumed genuine (Wyo. Stat. 3-9-105). No witnesses are required. Notarizing is strongly advised and is needed to record it for real estate.

Health care directive: Advance health care directive, including a power of attorney for health care (Wyo. Stat. 35-22-403). It must be either acknowledged before a notary or signed by two witnesses who declare under penalty of perjury that they know the person. Witnesses cannot be a treating health care provider or its employee, the named agent, or the operator or an employee of a community care or residential care facility.

Death certificates

Certified copies come from the Wyoming Department of Health, Vital Statistics Services, Hathaway Building, 2300 Capitol Avenue, Cheyenne. Phone 307-777-7591.. The funeral home can usually order them for you.

Orders can be placed online, in person, or by mail.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

Wyoming doubled its small estate limit from $200,000 to $400,000 in 2025, one of the highest in the country. It covers both an affidavit for personal property and a court summary procedure for real estate.