Overview
Park County is located in Wyoming with a population of approximately 29,624. 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. If the value of the estate is $400,000 or less (for deaths occurring on or after July 1, 2025), successors may file an Affidavit for Distribution of Personal Property after a 30-day waiting period, avoiding full probate.
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 Park 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 Park County are handled at the Park County Courthouse.
Address: 1002 Sheridan Avenue, Cody, WY 82414
Phone: (307) 527-8690 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Clerk of District Court is located in the main courthouse building. This office accepts filings for probate, guardianship, and conservatorship matters. The current District Court Clerk is Debra Carroll.
Parking and Access
Street parking is generally available along Sheridan Avenue and adjacent streets. There is also a public parking lot serving the courthouse complex. The building is accessible to persons with disabilities.
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 assets after 30 days.
- Summary Procedure: For estates with real property, a summary procedure for distribution may be available if the value is below the statutory threshold.
- 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 (approximately $160.00)
- Order Admitting Will to Probate and Appointing Personal Representative
- Oath of Personal Representative
Park County generally requires physical filing or filing by mail, though attorneys may have access to electronic filing systems where available.
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 Park County (such as the Powell Tribune or Cody Enterprise) 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 documents are in order, the judge reviews the petition and issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish a Notice to Creditors (claims period is typically 3 months)
- Inventory and appraise all estate assets within the statutory timeframe
- 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
Park County-Specific Procedures
- Filing Method: Check with the Clerk of District Court regarding current preferences for in-person vs. mailed filings.
- Bond: The court may require a bond unless waived by the will or by all beneficiaries.
- Publication: Notice must be published in a newspaper of general circulation in Park County, such as the Powell Tribune or Cody Enterprise, for three successive weeks.
Always check with the Clerk of District Court for the most up-to-date local rules and fee schedules.
Timeline & Fees
Filing Fees (Park County)
- Probate Opening Fee: approximately $160.00
- Certified copies of Letters: approximately $5.00 - $10.00 per copy
- Publication costs: approximately $150 - $300 depending on the newspaper and length of notice
- Inventory Fee: May apply based on estate value (check W.S. 2-2-401)
Wyoming statutes provide a fee schedule for personal representatives and attorneys based on the probate estate's value:
- 2% of the first $1,000,000
- 1% of the amount over $1,000,000
Payment Methods
The court typically accepts cash, checks, money orders, and credit/debit cards (often with a convenience fee).
Estimated Timelines
- Simple estates: 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 after the first publication of notice, which sets a minimum timeline for closing the estate.
Local Resources
Park County Court Resources
- Court Website: parkcounty-wy.gov
- Probate Self-Help: Wyoming Judicial Branch
- Wyoming Probate Forms: State Forms
Legal Aid and Attorney Referrals
- Wyoming State Bar: (307) 632-9061 — wyomingbar.org
- Legal Aid of Wyoming: (877) 432-9955 — lawyoming.org
Publication
- Powell Tribune: (307) 754-2221 — powelltribune.com
- Cody Enterprise: (307) 587-2231 — codyenterprise.com