Overview
Teton County is located in Wyoming with a population of approximately 23,300. The District Court of the Ninth 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 and Issuance of Letters Testamentary (or Petition for Letters of Administration) 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, 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: 10% on the first $1,000, 5% on the next $4,000, 3% on the next $15,000, and 2% on all amounts over $20,000.
This guide provides an informational overview of the Teton 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
Teton County District Court
Probate matters in Teton County are handled at the Teton County Courthouse.
Address: 180 S. King Street, 2nd Floor, Jackson, WY 83001
Phone: (307) 733-2533 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Clerk of the District Court is located on the second floor of the courthouse. The court handles all probate filings, including wills, guardianships, and conservatorships.
Parking and Access
Street parking is generally available around the courthouse and in nearby public lots in downtown Jackson. Be mindful of posted time limits, especially during peak tourist seasons. Security screening is required upon entering the building.
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 (less liens), you may use the Affidavit for Distribution of Personal Property after 30 days.
- Summary Procedure: For real property, a summary procedure may be available if the estate is under the $400,000 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 of the Ninth Judicial District. Include:
- Petition for Probate of Will (or Administration)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($160.00)
- Order Admitting Will to Probate and Appointing Personal Representative
Mandatory attorney e-filing began October 1, 2024 via File & ServeXpress (https://www.fileandservexpress.com/wyoming/). Self-represented parties may still file in paper with the Clerk.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 10 days before the hearing (or as directed by the court).
- Publish notice in a newspaper of general circulation in Teton County (typically the Jackson Hole News&Guide) for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 4 to 6 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 3 months from the date of first publication to file claims)
- Inventory and appraise all estate assets within 30 days of appointment
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Final Report and Accounting and petition for discharge
Local Requirements
Teton County-Specific Procedures
- Original Will: The original will must be filed with the Clerk of the District Court.
- Filing Fees: Fees are payable to the Clerk of District Court.
- E-Filing: Mandatory attorney e-filing via File & ServeXpress began October 1, 2024. Self-represented parties may file in paper.
- Local Rules: The Ninth Judicial District may have specific local rules regarding scheduling and form formats.
- Publication: Notice must be published in a newspaper of general circulation in Teton County for three successive weeks.
Always check with the Clerk's office for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Teton County)
- Probate Petition: approximately $160.00
- Small Estate Affidavit: Varies (often a recording fee if real property is involved, or minimal filing fee)
- Certified copies of Letters: approximately $5.00 - $10.00 per certified copy
- Publication costs: approximately $150-$300 depending on the newspaper
- Jury Demand (if applicable): $50.00
Wyoming statutes provide for a standard fee schedule for attorneys and personal representatives: 10% of the first $1,000; 5% of the next $4,000; 3% of the next $15,000; and 2% of the amount 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.
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 first date of publication, which sets a minimum duration for the process.
Local Resources
Teton County Court Resources
- Court Website: tetoncountywy.gov
- Probate Self-Help: Wyoming Judicial Branch
- Wyoming Probate Forms: Supreme 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
- Jackson Hole News&Guide: (307) 733-2047 — Legal Notices Department
- Wyoming Public Notices: wyopublicnotices.com