Overview
Uinta County is located in Wyoming with a population of approximately 20,621. The District Court of the 3rd 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 Wyoming Statutes Title 2. 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 $200,000 (for deaths before July 1, 2025) or $400,000 (for deaths on or after July 1, 2025), successors may file an Affidavit for Distribution of Personal Property after a 30-day waiting period. A Summary Procedure for Distribution of Real or Personal Property is also available for estates under these thresholds.
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
- 2% on amounts over $20,000
Additional fees may be allowed for extraordinary services.
This guide provides an informational overview of the Uinta 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
Uinta County District Court
Probate matters in Uinta County are handled at the Uinta County Courthouse.
Address: 225 9th Street, Evanston, WY 82930-3415
Phone: (307) 783-0456 (Clerk of District Court)
Hours: Contact the Clerk's office to confirm current hours of operation
The Clerk of District Court's office is responsible for maintaining all probate records. The court is part of the 3rd Judicial District of Wyoming.
Parking and Access
There is underground parking available directly beneath the courthouse, as well as street parking in the surrounding area. Visitors should be prepared for security screening 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 (for deaths on/after July 1, 2025), you may be able to use an affidavit to collect personal property 30 days after death.
- Summary Procedure: For estates under the $400,000 threshold involving real property, a summary probate procedure is 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 Uinta County District Court. Include:
- Original Will (if applicable)
- Certified copy of the Death Certificate
- Filing fee (approximately $160)
- Order Admitting Will to Probate and Appointing Personal Representative
- Oath of Personal Representative
Wyoming courts generally require paper filing for initial probate petitions, though subsequent documents may be e-filed 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 Uinta County (such as the Uinta County Herald) for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. 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 a specific timeframe (typically 3 months)
- 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
Uinta County-Specific Procedures
- Filing Method: Initial probate pleadings are typically filed in paper form with the Clerk of District Court.
- Bond Requirements: A bond is generally required unless waived by the will or by the court.
- Publication: Notice must be published in a newspaper of general circulation in Uinta County, such as the Uinta County Herald, for three consecutive weeks.
- Local Rules: The 3rd Judicial District may have specific local rules regarding scheduling and document formatting. It is advisable to contact the Clerk's office for specific judge's preferences.
Timeline & Fees
Filing Fees (Uinta County)
- Probate Filing Fee: approximately $160 (includes $110 county fee, $40 court automation fee, and $10 indigent civil legal services fee)
- Certified copies of Letters: approximately $3-$5 per copy
- Publication costs: approximately $150-$300 depending on the newspaper and length of notice
- Recording fees: vary by document length
Statutory Attorney/Executor Fees:
- 10% of the first $1,000
- 5% of the next $4,000
- 3% of the next $15,000
- 2% of the excess over $20,000
Payment Methods
The court accepts cash, checks, and money orders. Credit cards (Visa, MasterCard, Discover) are accepted but typically incur 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, which sets a minimum duration for the process.
Local Resources
Uinta County Court Resources
- Court Website: uintacountywy.gov
- Probate Self-Help: Wyoming Judicial Branch Forms
- Wyoming Statutes: Title 2 - Wills, Decedents' Estates and Probate Code
Legal Aid and Attorney Referrals
- Wyoming State Bar: (307) 632-9061 — wyomingbar.org
- Legal Aid of Wyoming: (877) 432-9955 — lawyoming.org
Publication
- Uinta County Herald: (307) 789-6560 — Newspaper of general circulation for legal notices.