Overview
Wyoming has not adopted the Uniform Probate Code (UPC), maintaining its own probate statutes under Title 2 of the Wyoming Statutes. Probate cases are handled by the district courts in each county.
Wyoming offers several probate options:
- Small Estate Affidavit — for estates with property valued at $400,000 or less (as of July 1, 2025, increased from $200,000), providing a streamlined process
- Summary Distribution — a simplified court procedure for estates meeting the small estate threshold
- Full Probate Administration — standard court-supervised proceedings for larger estates
Wyoming's $400,000 small estate threshold is one of the highest in the country, allowing many families to avoid full probate.
Wyoming does not impose a state estate tax, inheritance tax, or state income tax. This triple absence makes Wyoming one of the most tax-friendly states in the country for estate administration.
When Probate is Required
Probate is required in Wyoming when a decedent owned assets in their sole name that do not transfer automatically at death. Common examples include:
- Real property titled solely in the decedent's name or as tenants in common
- Bank accounts and investments without payable-on-death (POD) or transfer-on-death (TOD) designations
- Vehicles and titled personal property in the decedent's sole name
- Business interests including ranch and farm operations
- Mineral and oil rights held individually
Probate is generally not required for:
- Joint tenancy property — passes automatically to the surviving joint tenant(s)
- Beneficiary-designated assets — life insurance, retirement accounts, POD/TOD accounts
- Property held in a revocable living trust
- Estates valued at $400,000 or less — eligible for summary distribution or small estate affidavit
Small Estate Options
Wyoming provides a generous small estate affidavit and summary distribution process for estates valued at $400,000 or less.
Eligibility requirements:
- The value of all property in Wyoming subject to probate must not exceed $400,000 (threshold increased from $200,000 effective July 1, 2025)
- At least 30 days must have passed since the decedent's death
- No application for appointment of a personal representative is pending or has been granted
How the process works:
- The successor may use a small estate affidavit for collecting personal property from third parties
- Alternatively, file an Application for Summary Distribution with the district court
- The court reviews the application and may issue a Decree of Summary Distribution after proper notice
- The district court filing fee is approximately $160
- Assets are distributed according to the will or intestacy laws
Important advantages:
- Wyoming's $400,000 threshold is one of the highest in the country
- Both personal property and real property can be included
- The summary distribution process can be completed relatively quickly
Important limitations:
- The affiant or applicant becomes personally liable for claims and debts
- If disputes exist among heirs, full probate may be necessary
Step-by-Step Process
1. Determine the appropriate probate track
Assess the estate's value. If the estate is $400,000 or less, use the small estate affidavit or summary distribution. For larger estates, use full probate administration.
2. File the petition or application
For summary distribution, file an Application for Summary Distribution with the district court in the county where the decedent was domiciled. For full probate, file a Petition for Probate of Will or Petition for Administration. The filing fee is approximately $160.
3. Provide notice
Provide notice to all heirs, devisees, and creditors as required by the court.
4. Appointment of personal representative (full probate)
In full probate, the court appoints the personal representative and issues Letters Testamentary or Letters of Administration.
5. Post bond if required
Wyoming may require a surety bond unless the will waives it.
6. Publish notice to creditors
Publish a Notice to Creditors in a newspaper. Creditors have 3 months from first publication to present claims.
7. Collect and inventory assets
Gather all estate assets, including ranch land, mineral rights, and livestock common in Wyoming.
8. Pay debts, claims, and taxes
Review and pay valid creditor claims. File the decedent's final federal income tax return. Wyoming has no state income tax, estate tax, or inheritance tax.
9. File the final account or obtain decree
For full probate, file a Final Account with the court. For summary distribution, the court issues a Decree of Summary Distribution.
10. Distribute assets and close
Distribute remaining assets. Obtain receipts from beneficiaries. The estate is formally closed.
Timeline & Costs
Typical timeline:
- Small estate affidavit: A few weeks (available 30 days after death)
- Summary distribution: 2 to 4 months
- Full probate: 6 to 12 months
- Complex or contested estates: 1 to 3+ years
Court filing fees:
- Small estate affidavit: $0 (no court filing for affidavit only)
- Summary distribution / full probate filing: approximately $160 base, plus additional fees for larger estates
Personal representative compensation:
Wyoming allows reasonable compensation for the personal representative.
Attorney fees:
Wyoming probate attorneys typically charge between $2,500 and $5,000 for straightforward probate, and $5,000 to $12,000+ for complex proceedings. Hourly rates generally range from $200 to $350 per hour.
Additional costs:
- Newspaper publication: $50 to $200
- Certified copies: varies
- Appraisal fees: varies by asset type
- Recording fees for real property: varies by county
Required Forms
Wyoming probate forms are available from the Wyoming Judicial Branch website (wyocourts.gov) and local district court offices. Key forms include:
Starting the case:
- Petition for Probate of Will (testate)
- Petition for Administration (intestate)
- Application for Summary Distribution (small estates under $400,000)
Letters of authority:
- Letters Testamentary — authority for the executor
- Letters of Administration — authority for the administrator
Creditor notices:
- Notice to Creditors — published in a newspaper
Small estate:
- Affidavit of Collection of Estate Assets — for collecting personal property
- Application for Summary Distribution — court application for small estates
Closing:
- Final Account — for full probate
- Decree of Summary Distribution — court order for small estates
Executor Duties
In Wyoming, the estate administrator is called the executor (if named in a will) or administrator (if appointed by the court). Their fiduciary duties include:
Immediate responsibilities:
- File the will with the district court
- File the petition for probate or application for summary distribution
- Post a surety bond if required
- Obtain Letters Testamentary or Letters of Administration
- Secure and protect all estate assets
Administrative duties:
- Open an estate bank account
- Publish the Notice to Creditors
- Notify all known creditors and heirs
- Maintain detailed records
Financial obligations:
- Collect and inventory all estate assets, including mineral rights and ranch land
- File the decedent's final federal income tax return (no state income tax)
- Review and pay valid creditor claims
- Pay estate administration expenses
Distribution and closing:
- Distribute assets according to the will or Wyoming intestacy laws
- Obtain signed receipts from beneficiaries
- File the Final Account or obtain the Decree of Summary Distribution
Unique State Rules
$400,000 small estate threshold
Wyoming's small estate threshold increased to $400,000 effective July 1, 2025 (from $200,000). This is one of the highest thresholds in the country, allowing many families — including those with modest homes and ranch land — to avoid full probate through summary distribution.
No state income tax, estate tax, or inheritance tax
Wyoming does not impose any state income tax, estate tax, or inheritance tax. This triple absence makes Wyoming one of the most tax-friendly states in the country for estate administration.
Not a UPC state
Wyoming has not adopted the Uniform Probate Code. Its probate procedures are governed by Title 2 of the Wyoming Statutes.
Mineral and oil rights
Wyoming has significant mineral, oil, and gas production. Mineral rights are common probate assets that may require specialized appraisals and affect estate values.
Ranch and agricultural considerations
Ranch land, livestock, water rights, and agricultural equipment are common probate assets in Wyoming, requiring specialized valuations.
3-month creditor claim period
Creditors have 3 months from first publication of the notice to present claims — one of the shorter periods, helping estates close more quickly.
Summary distribution includes real property
Wyoming's summary distribution process covers both personal property and real property, unlike states that limit simplified procedures to personal property only.
Trust-friendly laws
Like its neighbor South Dakota, Wyoming has favorable trust laws, including dynasty trusts and asset protection trusts, providing alternatives to probate.
How SwiftProbate Helps
Wyoming's probate system — with its high small estate threshold, mineral rights considerations, and tax-free environment — requires careful navigation. SwiftProbate generates a tailored roadmap for your specific Wyoming estate.
What SwiftProbate does for Wyoming estates:
- Determines the right track — evaluates whether your estate qualifies for summary distribution ($400,000) or needs full probate
- Handles mineral rights — identifies mineral and oil rights requiring specialized handling
- Confirms no state tax obligations — verifies that no Wyoming income, estate, or inheritance tax applies
- Generates Wyoming-specific deadlines — including the 3-month creditor claim period
- Creates asset-specific task lists — with steps for ranch land, mineral rights, financial accounts, and vehicles
Start with a free account to get your Phase 1 estate administration checklist, covering the essential first steps for opening and managing a Wyoming estate.