Overview
Lincoln County is located in Wyoming with a population of approximately 21,000. The Lincoln County District Court 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. If the value of the estate (less liens and encumbrances) does not exceed $400,000 (for deaths occurring on or after July 1, 2025), successors may use an Affidavit for Distribution of Personal Property to collect assets without full probate administration.
Wyoming law sets statutory fees for personal representatives and attorneys based on the value of the probate estate, though these can be negotiated or waived.
This guide provides an informational overview of the Lincoln 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
Lincoln County District Court
Probate matters in Lincoln County are handled at the Lincoln County Courthouse in Kemmerer.
Address: 925 Sage Ave, Suite 202, Kemmerer, WY 83101
Phone: (307) 877-9056 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Clerk of District Court's office is located on the second floor of the courthouse. The court handles all civil, criminal, and probate filings for the Third Judicial District within Lincoln County.
Parking and Access
Public parking is available on the east side of the courthouse building, with access typically from 4th Avenue. Street parking may also be available on Sage Avenue. Security screening is required 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 an affidavit to collect personal property after a 30-day waiting period.
- Summary Procedure: For real property or estates under the threshold, a summary procedure for distribution may be available.
- 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 Lincoln County District Court. Include:
- Petition for Probate of Will and Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($160.00)
- 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 in some districts. Check with the clerk for current e-filing protocols.
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 Lincoln County (such as the Kemmerer Gazette or Star Valley Independent) 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 filed, a hearing might not be required in all cases. Upon approval, 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 and file the inventory with the court 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
Local Requirements
Lincoln County-Specific Procedures
- Filing Location: Filings are typically made at the county seat in Kemmerer, though the county also has offices in Afton. Confirm with the Clerk if filings can be accepted at the Afton branch.
- Bond requirements: A bond is generally required unless waived by the will or by the court.
- Local court rules: The Third Judicial District may have specific local rules regarding scheduling and document formatting.
- Publication: Notice must be published in a newspaper of general circulation in Lincoln County for three successive weeks.
Always verify specific judge's requirements for proposed orders and hearing scheduling.
Timeline & Fees
Filing Fees (Lincoln County)
- Probate Petition: approximately $160.00
- Certified copies of Letters: approximately $5.00 per document (plus per-page fees)
- Publication costs: approximately $100-$200 depending on the newspaper
- Recording fees: Varies for recording deeds with the County Clerk
Wyoming statutes provide a fee schedule for personal representatives and attorneys based on the estate value (e.g., 2% of the estate value over $50,000), though this is often subject to contract or waiver.
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with a convenience fee; call (307) 877-9056 to confirm current payment options.
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, which sets a minimum timeline for closing the estate.
Local Resources
Lincoln County Court Resources
- Court Website: lincolncountywy.gov
- Probate Self-Help: Wyoming Judicial Branch Legal Assistance and Forms
- Wyoming Probate Forms: Wyoming Self-Help 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
- Kemmerer Gazette: (307) 877-3347 — Newspaper of general circulation
- Star Valley Independent: (307) 885-5727 — Newspaper of general circulation