Overview
Big Horn County is located in Wyoming with a population of approximately 12,084. The District Court, 5th Judicial District handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Wyoming probate is governed by Title 2 of the Wyoming Statutes. The process begins with filing a Petition for Probate to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Wyoming offers a simplified procedure for small estates. For decedents passing on or after July 1, 2025, an Affidavit of Distribution can be used if the estate value is $400,000 or less (previously $200,000). There is also a summary procedure available for estates that meet specific criteria.
Wyoming law sets statutory fees for attorneys and personal representatives based on the value of the probate estate (e.g., 2% for amounts over $50,000), though these can be negotiated or waived.
This guide provides an informational overview of the Big Horn County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
District Court, 5th Judicial District
Probate matters in Big Horn County are handled at the Big Horn County Courthouse.
Address: 420 West C Street, Basin, WY 82410 (Mailing: P.O. Box 670)
Phone: (307) 568-2381 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Clerk of District Court's office is located within the county courthouse in Basin. The 5th Judicial District also serves Park, Washakie, and Hot Springs counties.
Parking and Access
Public parking is available around the courthouse square in Basin. The building is accessible to the public during business hours, with security screening required for entry into courtrooms.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $400,000 or less (for deaths on/after July 1, 2025), you may be able to use an Affidavit of Distribution after a 30-day waiting period.
- Summary Procedure: A simplified probate process available for certain estates, typically taking less time than full probate.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the District Court. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Filing fee ($160.00)
- Order Admitting Will to Probate and Appointing Personal Representative
- Oath of Personal Representative
Wyoming courts generally require paper filing for probate initiation, though subsequent documents may be e-filed in some districts. Check with the Clerk for current e-filing status.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Big Horn County (such as the Basin Republican Rustler) for three consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition. If the petition is in order and no objections are filed, the judge signs the Order and the Clerk issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish a Notice to Creditors (creditors have 3 months to file claims)
- Inventory and appraise all estate assets within a statutory timeframe (typically 3 months)
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Final Report and Accounting and petition for discharge
Local Requirements
Big Horn County-Specific Procedures
- Filing Method: Initial probate petitions are typically filed in paper at the Clerk's office.
- Bond: The court may require a bond unless waived by the will or by all beneficiaries.
- Local Rules: The 5th Judicial District may have specific courtroom rules regarding telephonic appearances or scheduling.
- Publication: Notice must be published in a newspaper of general circulation in Big Horn County for three consecutive weeks.
Always check with the Clerk of District Court for the most up-to-date local administrative orders.
Timeline & Fees
Filing Fees (Big Horn County)
- Probate Petition: approximately $160.00 ($110 filing fee + $40 automation fee + $10 civil legal services)
- Certified copies of Letters: approximately $5.00 per document plus copy costs ($1.00/page)
- Publication costs: approximately $150-$300 depending on the newspaper
- Recording fees: Varies by document length
Wyoming statutes provide a fee schedule for personal representatives and attorneys based on the probate estate value:
- 10% on the first $1,000
- 5% on the next $4,000
- 3% on the next $15,000
- 2% on amounts over $20,000
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
The creditor claim period in Wyoming is 3 months from the date of the first publication of notice.
Local Resources
Big Horn County Court Resources
- Court Website: bighorncountywy.gov
- Probate Self-Help: Wyoming Judicial Branch
- Wyoming Probate Forms: State Court Forms
Legal Aid and Attorney Referrals
- Wyoming State Bar: (307) 632-9061 — Lawyer Referral Service
- Legal Aid of Wyoming: (877) 432-9955 — Low-income legal assistance
- Wyoming State Bar Lawyer Referral: wyomingbar.org
Publication
- Basin Republican Rustler: (307) 568-2458 — County Seat Newspaper
- Lovell Chronicle: (307) 548-2217 — General Circulation
- Greybull Standard: (307) 765-4485 — General Circulation