Wyoming Probate Bond Requirements

A Wyoming probate bond is a promise, backed by sureties, that the personal representative will handle the estate according to law. Wyoming requires one by default. W.S. 2-3-102 says every person who receives letters testamentary or of administration shall execute a bond to the state of Wyoming before receiving them. The bond comes off only under W.S. 2-3-111, when the will or a statute expressly says no bond is required, or when the distributees waive it in writing.

In Wyoming, then, an executor with no waiver in the will and no written waiver from the family should plan on a bond before the clerk will issue letters.

A note on the links. Wyoming publishes its statutes as one PDF per title, with no page for a single section, so every statute link below opens the Title 2 PDF from the Wyoming Legislature. We read each section there on September 28, 2026. That edition was created May 8, 2026, after the 2026 budget session. We searched the Legislature's enrolled acts from the 2019 through 2026 sessions and found none that amends 2-3-102, 2-3-105, 2-3-111 or 2-3-113. This page is general information about Wyoming law, not advice about one estate, so confirm the bond terms with the clerk of district court holding the file or with a licensed Wyoming attorney.

Situation	Is a bond required?	Statute
Letters testamentary or of administration, no waiver	Yes, before letters issue	2-3-102
The will expressly says no bond	No	2-3-111(a)
A statute says no bond	No	2-3-111(a)
The distributees waive the bond in writing	No	2-3-111(a)
Bond waived, but the court later finds it necessary	Yes, when the court requires it	2-3-111(c)
Two or more personal representatives	A separate bond from each, in the full amount	2-3-107
The court orders a sale of estate real estate	The court may require an additional bond	2-3-105
Bond waived, and estate real estate is sold	No, unless the court for good cause requires one	2-3-111(b)
A special administrator	Such surety as the court or officer directs	2-7-304

When the Bond Is Due

The bond is a condition of getting letters, the court papers that let the personal representative act for the estate. W.S. 2-3-102 puts it "before receiving them." Two other steps come with it.

The oath. Under 2-3-101, the personal representative takes and subscribes an oath to perform the duties of executor or administrator according to law, and the oath is attached to the letters.
The deadline in the appointment order. Under 2-3-104, the order appointing a personal representative states the time within which that person must qualify by giving the bond and taking the oath. If the time passes without it, the appointment lapses and another appointment is made.

W.S. 2-3-110 says the same thing from the other side: if sufficient security is not given within the time the order fixes, the right to administer ceases, and the person next entitled is appointed once that person executes a sufficient bond. Once approved, the clerk records every bond, with the affidavits and certificates on it, under 2-3-103.

The Wyoming probate guide walks through the petition and appointment that come before this step.

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How Much the Bond Must Be

Wyoming does not print a dollar amount. W.S. 2-3-102 sets a floor instead: the penalty, which is the most the sureties can be made to pay, "shall not be less than the value of the personal property, and the probable value of the annual rents, profits and issues of real property belonging to the estate."

Read the formula closely. The value of the land itself is not in it. A ranch worth $900,000 counts only for what it is expected to earn in rent or other income in a year, while cash, vehicles, livestock, brokerage accounts and other personal property count at full value.

The same section says who sets the number and how. The district court, a court commissioner or the clerk ascertains the value "by examining on oath the party applying and any other person."

Some worked examples of the floor:

Estate	Personal property	Annual rents and profits of real property	Bond penalty of at least
Bank accounts and a car, no land	$120,000	$0	$120,000
A house the family lives in, plus accounts	$60,000	$0	$60,000
Accounts plus a leased hay meadow	$80,000	$15,000	$95,000

These rows only apply the words of 2-3-102 to made-up figures. The court or clerk can set the penalty higher, since the statute fixes a minimum.

Who Can Be a Surety

W.S. 2-3-102 allows two kinds of surety, and either one must be "approved by the district court or the commissioner or clerk."

Two or more individual sureties. Each must be "sufficient," and the sureties "shall justify on written oath attached to the bond in an amount equal in the aggregate to the penalty." Put plainly, the individuals together swear they are worth at least the full bond amount.
One corporate surety. A surety company issues the bond for a premium.

The bond is "joint and several," which lets a harmed party collect the whole amount from the personal representative or from any surety. Under 2-2-203, all bonds the probate code requires may be approved by the clerk of the district court where they are filed, and under 2-2-106 a court commissioner, on a general order, may examine bonds for sufficiency and approve them.

When two or more people serve together, 2-3-107 requires "a separate bond ... from each of them in the same amount as would be required from one." Co-executors do not split one bond.

Who Pays the Premium

The estate does. W.S. 2-1-301(a)(viii) defines costs of administration to include "premiums on corporate surety bonds," alongside court costs, fiduciary's fees and attorney fees. The personal representative pays the premium from estate funds and reports it in the final accounting described under the personal representative's duties.

Waiving the Bond

W.S. 2-3-111(a) lists three ways letters may issue "without the execution and filing of a bond as provided by W.S. 2-3-102":

The will says so. The will must expressly provide that no bond be required of the personal representative. A will that is silent does not waive it.
A statute says so. The waiver can come from a statute rather than the will.
The distributees waive it in writing. A distributee, under 2-1-301(a)(xiii), is "a person entitled to any property of the decedent under his will or under the statutes of intestate succession." The waiver has to be written, and it works in an intestate estate too, where there is no will to waive anything.

Section 2-3-111 does not print a form or say whether one missing signature defeats the waiver. The clerk or court holding the file decides whether the written waivers on file are enough, so ask before filing.

A waiver is never final. Under 2-3-111(c), "If it appears necessary for any reason at any time afterward, the personal representative may be required to file a bond as in other cases."

Selling Real Estate

A sale of estate land can change the bond picture, because it turns land, which the formula leaves out, into cash, which the formula counts.

With a bond in place. W.S. 2-3-105 lets the district court require an additional bond whenever it orders a sale of estate real estate. The exception is when the existing bond already equals the personal property still on hand or coming in, the annual rents and profits of the real estate, and "the probable amount to be realized on the sale." Under 2-3-106 the additional bond is conditioned on faithful performance of the trust, and its sureties justify the same way 2-3-102 requires.
With the bond waived. Under 2-3-111(b), when a bond is waived by will, by statute or by the distributees, "sales of real estate may be made and confirmed without a bond unless the court for good cause requires one to be executed."

When the Court Asks for More Security

Wyoming gives heirs and the court several ways to raise the bond after appointment.

Doubt about the sureties. Under 2-3-109, before or after approval, the approving officer may act on its own motion, or on a motion backed by an affidavit that a surety is not worth what it swore to, and order the sureties to appear and be examined about their property. If the bond turns out to be insufficient, the officer "shall require additional security."
A petition from an interested person. Under 2-3-113, anyone interested in the estate may file a verified petition saying the sureties have become or are becoming insolvent, have left or are about to leave the state, or that the bond is insufficient for any other cause. If the court sees a need to look into it, 2-3-114 has a citation served personally on the personal representative at least five days before the return day. After a hearing, 2-3-115 lets the court order further security or a new bond within a reasonable time of not less than five days.
The court acting on its own. Under 2-3-117, when the court or commissioner learns a bond is insufficient, it "shall cause him to be cited" to show cause, with no application needed.
An allegation of waste. Under 2-3-112, when a petition asks for further security, or for a bond where the will required none, and alleges on oath that the personal representative is wasting estate property, the judge or commissioner may suspend the personal representative's powers until the matter is heard.

A personal representative who ignores an order for further security loses the job. Under 2-3-116, "the court shall revoke his letters and his authority shall cease."

When a Surety Wants Out

A surety is not locked in forever. Under 2-3-118, a surety who wants release from responsibility for future acts applies to the court or commissioner, and the personal representative is cited to appear and give other security. If new sureties are given, 2-3-119 lets the court order that the departing sureties are not liable "for any subsequent act, default or misconduct." If the personal representative neglects or refuses to give new sureties, 2-3-120 says the court "shall by order revoke his letters," unless the applying surety agrees to more time.

Release looks forward only. Under 2-3-125, a discharged personal representative and the sureties on the bond are not responsible for liabilities incurred after discharge, "but shall not be relieved of any liability occurring on his bonds prior to his discharge."

Collecting on the Bond

The bond pays people the personal representative harms. W.S. 2-3-108 says it "shall not be void upon the first recovery" and may be recovered on "from time to time by any person aggrieved, in his own name, until the whole penalty is exhausted." When a personal representative is replaced, 2-7-108 lets the new one sue on the former personal representative's bond in the new personal representative's own name, for everyone interested in the estate.

Special Administrators

A special administrator is a temporary appointee the district court names to collect and take charge of the estate under 2-7-301, and whose powers cease once letters are granted, under 2-7-306. The bond rule is looser. Under 2-7-304, before letters issue, the special administrator "shall provide such surety as the court or officer directs," and takes the usual oath.

Frequently Asked Questions

Does a Wyoming personal representative have to post a bond?

Yes, unless it is waived. W.S. 2-3-102 says every person who receives letters testamentary or of administration shall, before receiving them, execute a bond to the state of Wyoming. The exceptions sit in 2-3-111: the will or a statute expressly says no bond is required, or the distributees waive the bond in writing.

Can the heirs waive the probate bond in Wyoming?

Yes. Under W.S. 2-3-111(a), letters may issue without a bond when the distributees waive in writing the requirement that a bond be executed. A distributee under 2-1-301(a)(xiii) is a person entitled to property of the decedent under the will or under the intestate succession statutes. Under 2-3-111(c), the court can still require a bond later if it appears necessary for any reason.

How much is a probate bond in Wyoming?

Wyoming sets a floor, not a dollar figure. Under W.S. 2-3-102 the penalty of the bond shall not be less than the value of the personal property plus the probable value of the annual rents, profits and issues of the real property in the estate. The court, a court commissioner or the clerk sets that value by examining the applicant and any other person on oath.

Who can be a surety on a Wyoming probate bond?

Either two or more sufficient individual sureties or one sufficient corporate surety, approved by the district court, the commissioner or the clerk, under W.S. 2-3-102. Individual sureties must justify on written oath, attached to the bond, in an amount that adds up to the full penalty. The bond is joint and several.

Does selling estate real estate need an extra bond in Wyoming?

It can. W.S. 2-3-105 lets the district court require an additional bond whenever it orders a sale of estate real estate, unless the existing bond already covers the personal property still on hand, the annual rents and profits of the real estate, and the probable sale proceeds. If the bond was waived by will, statute or the distributees, 2-3-111(b) lets the sale go ahead without a bond unless the court for good cause requires one.

Who pays for a Wyoming probate bond?

The estate. W.S. 2-1-301(a)(viii) lists premiums on corporate surety bonds among the costs of administration, alongside court costs, fiduciary's fees and attorney fees.

Can a surety get off a Wyoming probate bond?

Yes, for future acts. Under W.S. 2-3-118 a surety can apply to the court or commissioner for relief, and the personal representative is cited to appear and give other security. If new sureties are given, 2-3-119 lets the court order that the old sureties are not liable for later acts. If the personal representative does not give new sureties, 2-3-120 says the court shall revoke the letters.

Sources:

Title: W.S. 2-3-102, Bond required; sureties; form; amount; ascertaining value of property. Publisher: Wyoming State Legislature, Wyoming Statutes Title 2. Publication Date: Not listed (title PDF created 2026-05-08), accessed 2026-09-28. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-3-111, When no bond required; generally. Publisher: Wyoming State Legislature, Wyoming Statutes Title 2. Publication Date: Not listed (title PDF created 2026-05-08), accessed 2026-09-28. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-3-101, Oath; 2-3-103, Letters and bonds to be recorded; 2-3-104, Appointment orders to state qualification time; lapses. Publisher: Wyoming State Legislature, Wyoming Statutes Title 2. Publication Date: Not listed (title PDF created 2026-05-08), accessed 2026-09-28. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-3-105 and 2-3-106, Additional bond required upon sale of real estate; when required, and conditions. Publisher: Wyoming State Legislature, Wyoming Statutes Title 2. Publication Date: Not listed (title PDF created 2026-05-08), accessed 2026-09-28. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-3-107, Separate bond required from each personal representative; 2-3-108, Several recoveries on same bond allowed. Publisher: Wyoming State Legislature, Wyoming Statutes Title 2. Publication Date: Not listed (title PDF created 2026-05-08), accessed 2026-09-28. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-3-109, 2-3-110 and 2-3-112 through 2-3-117, examination of sureties, failure to give security, suspension upon allegation of waste, and requiring further security. Publisher: Wyoming State Legislature, Wyoming Statutes Title 2. Publication Date: Not listed (title PDF created 2026-05-08), accessed 2026-09-28. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-3-118 through 2-3-120, Relief of sureties, and 2-3-125, Resignation of personal representative; liability after discharge. Publisher: Wyoming State Legislature, Wyoming Statutes Title 2. Publication Date: Not listed (title PDF created 2026-05-08), accessed 2026-09-28. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-1-301, Generally (definitions of costs of administration and distributee). Publisher: Wyoming State Legislature, Wyoming Statutes Title 2. Publication Date: Not listed (title PDF created 2026-05-08), accessed 2026-09-28. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-2-106, Powers and duties of court commissioners; generally, and 2-2-203, Authority to approve bonds. Publisher: Wyoming State Legislature, Wyoming Statutes Title 2. Publication Date: Not listed (title PDF created 2026-05-08), accessed 2026-09-28. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-7-108, Actions on bond of former representatives; 2-7-301, Appointment of special administrator; when to be made; 2-7-304, Special administrator; surety and oath; 2-7-306, Special administrator; cessation of powers. Publisher: Wyoming State Legislature, Wyoming Statutes Title 2. Publication Date: Not listed (title PDF created 2026-05-08), accessed 2026-09-28. URL: https://wyoleg.gov/statutes/compress/title02.pdf

It is not legal advice.