Overview
Carbon County is located in Wyoming with a population of approximately 14,250. The District Court, 2nd 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 of Will (if there is a will) or a Petition for Letters of Administration (if there is no will) 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.
Small Estate Procedures:
For decedents passing on or after July 1, 2025, Wyoming offers a simplified Affidavit for Distribution of Personal Property if the estate's value (less liens and encumbrances) does not exceed $400,000. There is a mandatory 30-day waiting period after death before this affidavit can be filed with the County Clerk.
Fees:
Wyoming sets statutory fees for personal representatives and attorneys based on the size of the probate estate. These fees are calculated as follows:
- 10% on the first $1,000
- 5% on the next $4,000
- 3% on the next $15,000
- 2% on amounts over $20,000
Additional fees may be allowed for extraordinary services.
This guide provides an informational overview of the Carbon 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, 2nd Judicial District
Probate matters in Carbon County are handled at the Carbon County Courthouse.
Address: 415 West Pine Street, STE 310, Rawlins, WY 82301
Phone: (307) 328-2628 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Clerk of District Court's office is responsible for maintaining all probate records. The courtroom and clerk's office are located within the main courthouse building in Rawlins.
Parking and Access
Free street parking is generally available around the courthouse. There is also a public parking lot adjacent to the building. Visitors pass through security screening upon entering the courthouse.
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 the Affidavit for Distribution of Personal Property after a 30-day waiting period.
- Summary Procedure: For real property, a specialized summary procedure may be available if the estate meets specific criteria.
- 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:
- Petition for Probate of Will or Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($160)
- Order Admitting Will to Probate and Appointing Personal Representative
Wyoming courts generally require paper filing for initial probate documents, though subsequent filings may be eligible for e-filing or fax filing depending on local rules.
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 Carbon County (such as the Rawlins Times) once a week for three consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition. If the petition is uncontested and all waivers are signed, a formal hearing might not be required in some cases. Upon approval, the judge issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors: Publish a Notice to Creditors; creditors have 3 months from the date of first publication to file claims.
- Inventory and appraise: File a verified inventory of estate assets within 120 days of appointment.
- 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 to close the estate.
Local Requirements
Carbon County-Specific Procedures
- Filing Method: Initial probate petitions are typically filed in person or by mail with the Clerk of District Court.
- Bond: A bond is generally required unless waived by the will or by the court.
- Inventory: Must be filed within 120 days.
- Publication: Notice must be published in a newspaper of general circulation in Carbon County for three consecutive weeks.
Always check with the Clerk of District Court for the most current local rules regarding copies and courtesy copies for the judge.
Timeline & Fees
Filing Fees (Carbon County)
- Probate Filing Fee: approximately $160 (includes county, automation, and indigent services fees)
- Certified copies of Letters: approximately $5.00 per document (plus copy costs)
- Publication costs: approximately $100-$200 depending on the newspaper
- Recording fees: $12 for the first page, $3 for each additional page (for real estate documents recorded with County Clerk)
Statutory Attorney/Executor Fees:
Wyoming law provides a standard fee schedule for attorneys and personal representatives 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 cards may be accepted with a convenience fee; verify with the clerk before visiting.
Estimated Timelines
- Simple estates: 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
Wyoming law generally requires estates to be closed within one year of the personal representative's appointment, unless good cause is shown for a delay.
Local Resources
Carbon County Court Resources
- Court Website: Carbon County District Court
- Probate Self-Help: Wyoming Judicial Branch Self-Help
- Wyoming Probate Forms: State Forms
Legal Aid and Attorney Referrals
- Wyoming State Bar: (307) 632-9061 — Find a Lawyer
- Legal Aid of Wyoming: (877) 432-9955 — lawyoming.org
Publication
- Rawlins Times: (307) 324-3411 — Newspaper of general circulation
- Saratoga Sun: (307) 326-8311 — Newspaper of general circulation