Wyoming Probate Guide

Wyoming probate is the court process that proves a will, appoints a personal representative, pays the estate's debts, and hands what is left to the heirs or will beneficiaries. The rules sit in Title 2 of the Wyoming Statutes, which W.S. 2-1-101 names the "Wyoming Probate Code." One court hears every case: W.S. 2-2-101 gives the district courts "exclusive original jurisdiction of all matters relating to the probate and contest of wills and testaments, the granting of letters testamentary and of administration, and the settlement and distribution of decedents' estates."

Title 2 sometimes calls the district court sitting in probate the "probate court." That phrase is a label for the same district court. Wyoming has no separate probate court, and its circuit courts hear no estates. Use the clerk of district court for your county to find the office that takes your filing.

Read this page as a map. It covers the forum, the four routes from smallest to largest, who serves, what it costs, and the deadlines. The linked guides go deeper on each step.

Which Court, and Which County

Venue follows the person who died. W.S. 2-2-102(a)(i) says wills are proved and letters granted "in the county of which the decedent was a resident at the time of his death, regardless of where he may have died." Wyoming has 23 counties, and each one has a district court. The nine judicial districts group those counties for the judges' work, and every filing goes to a county.

The paperwork goes to the Clerk of District Court in that county. W.S. 2-6-203(a) lets "the court or the clerk" hear a petition for probate of a will, forthwith and without notice, and admit the will on proof of due execution. District court commissioners also carry probate duties. Under W.S. 2-2-106, a commissioner can examine personal representatives' bonds, inventories and accounts (other than final accounts), and on a specific court order can sign ex parte orders that move an estate along, such as orders to sell personal property or approve a bond.

Keep one more office in view. The county clerk is a different official from the clerk of district court. The county clerk records the small-estate affidavit, the summary distribution decree, and deeds, and titles vehicles. The Wyoming Judicial Branch's own affidavit instructions put it plainly: the county clerk is not the same person as a court clerk.

Four Routes, Smallest First

Wyoming follows its own probate code, which predates the Uniform Probate Code. So the vocabulary differs from many neighboring states. Here are the routes, starting with the lightest.

Route 1: the affidavit for distribution

W.S. 2-1-201(a) makes anyone holding the decedent's money, tangible personal property, stock or other instruments pay or deliver it to the distributee who presents a sworn affidavit, filed as subsection (c) provides. The affidavit states that "the value of the entire estate located in Wyoming subject to administration, either testate or intestate, less liens and encumbrances, does not exceed four hundred thousand dollars ($400,000.00)"; that 30 days have passed since the death; that no application for appointment of a personal representative is pending or has been granted anywhere in Wyoming; and the facts that make the signer a distributee.

The affidavit never goes to court. Under 2-1-201(c), it is filed with the county clerk, and a certified copy is presented to the bank or other holder, which "shall" honor it. Subsection (b) makes a transfer agent re-register securities on it, and subsection (d) has the county clerk where a vehicle is registered transfer its title to the distributee.

Two points trip families up. First, the $400,000 measure covers the whole Wyoming estate subject to administration, and the Judicial Branch's instructions say it counts land as well as personal property. Second, the affidavit itself moves personal property only. A house or mineral interest needs route 2. The full walk-through is in the $400,000 small estate affidavit guide.

That figure moved recently. 2025 Senate File 104 (Session Laws 2025, chapter 168) raised it from $200,000 to $400,000 in 2-1-201, 2-1-204, 2-1-205, 2-11-201 and 2-11-202, effective July 1, 2025. Pages that still quote $200,000 predate that change.

Route 2: summary distribution by court decree

W.S. 2-1-205 reaches "personal or real property, including mineral interests" when the entire estate, including personal property, does not exceed $400,000 less liens and encumbrances. Here is how it runs:

1. At least 30 days after the death, a distributee files a sworn application for a decree of summary distribution in the district court, stating the 2-1-201 facts and fully describing any real property or mineral interests (2-1-205(a), (b)).
2. A sworn report of value, which may be a broker's price opinion, shows the date-of-death value of all Wyoming real property and mineral interests (2-1-205(c)).
3. Notice is published once a week for two consecutive weeks in a county newspaper, and mailed with the application to the surviving spouse, the other distributees, and reasonably ascertainable creditors within 10 days of the first publication (2-1-205(d)). If the decedent received Medicaid, the Department of Health gets a copy within those same 10 days (2-1-205(e)).
4. Objections are due by the later of 20 days after the mailing or 30 days after the first publication. With no timely objection, "the court shall enter a decree," which is recorded with the county clerk wherever the land sits and becomes presumptive evidence of title (2-1-205(f)).

Subsection (h) lets a family use this procedure alongside the affidavit, so one estate can use both. See summary distribution for estates up to $400,000 for the forms.

Route 3: filing or probating a will without administration

Two lighter paths exist when there is a will. Under W.S. 2-6-121, the executor or any distributee named in the will can file a sworn petition to file the will without probate or administration. The clerk files and indexes it, and 2-6-121(b) says "no filing fee shall be charged." It preserves the will on the record without opening an estate.

W.S. 2-6-122 goes one step further. Anyone entitled to letters testamentary under 2-6-208 can petition for probate of the will without administration. If the court finds the will entitled to probate, its order admits the will but "shall not include the appointment of an executor" (2-6-122(c)). The petitioner then publishes a notice once a week for three consecutive weeks, and any action to set the will aside must be filed within three months of the first publication (2-6-122(d)). If the family later needs a personal representative, 2-6-122(f) lets them petition for letters testamentary.

Neither path blocks route 1. W.S. 2-6-123 says proceedings under 2-6-120 through 2-6-122 do not bar collection by affidavit under 2-1-201 through 2-1-203.

Route 4: full administration with letters

Everything else runs through a personal representative with letters from the court. With a will, the petition under W.S. 2-6-201 shows the jurisdictional facts, whether the named executor consents, the heirs and devisees, the probable value and character of the property, and whom the petitioner asks the court to appoint. Under W.S. 2-6-209, the order admitting the will includes the appointment of an executor, and a copy of the order and the will goes by certified mail to each named beneficiary and each heir. Without a will, the petition for letters of administration under W.S. 2-4-205 states the jurisdictional facts, the heirs, and the value and character of the property.

A named executor should move promptly. W.S. 2-6-202 lets the court treat an executor who waits 30 days after learning of the death and the nomination as having renounced, and appoint someone else, unless there is good cause for the delay. The custodian of a will has 10 days after learning of the death to deliver it to the clerk of the district court or the named executor, under W.S. 2-6-119(a). If there is no will, Wyoming intestate succession decides who inherits.

Who Serves as Personal Representative

Wyoming uses "personal representative" for the role that most people call executor. The ranking depends on whether there is a will.

With a will, W.S. 2-6-208(a) gives preference in this order:

1. The person designated in the will.
2. Any beneficiary named in the will, or a person the beneficiaries nominate.
3. Any creditor, or a person the creditor nominates.
4. Another person the court finds qualified.

Without a will, W.S. 2-4-201(a) ranks the people entitled to administer:

1. The surviving husband or wife, or a competent person the spouse asks the court to appoint.
2. The children.
3. The father or mother.
4. The brothers or sisters.
5. The grandchildren.
6. The next of kin entitled to share in the estate.
7. The creditors.
8. Any person legally competent.

Residency matters for administrators. W.S. 2-4-201(c) says "no nonresident of the state of Wyoming shall be appointed as administrator unless a resident of Wyoming is appointed as coadministrator." That rule sits in the intestate section only; the executor ranking in 2-6-208 carries no residency condition. A named executor who lives outside Wyoming must still designate a Wyoming agent for service of court papers under W.S. 2-11-301, or the court revokes the executor's authority to act. For the job itself, see what the personal representative has to do.

The bond

W.S. 2-3-102 requires a bond before letters issue, in a penalty of at least the value of the personal property plus the probable annual rents, profits and issues of the real property. W.S. 2-3-111(a) removes that requirement when the will or a statute waives it, or "when the distributees waive in writing." Subsection (c) lets the court require a bond later if one becomes necessary.

What Wyoming Probate Costs to Open

W.S. 2-2-401(a) sets the probate fees the clerk of district court collects:

Subsection (b) says the original filing fee covers the clerk's general filing activity plus one certified copy of each order, decree or judgment at filing for each party. Subsection (c) lets the court assess more for particular matters. Publication charges, a bond premium and any recording fees at the county clerk come on top.

Wyoming also sets the ordinary fees for the personal representative and the estate's attorney by statute. W.S. 2-7-803 and 2-7-804 each use the same scale on the probate estate accounted for: 10% of the first $1,000, 5% of the next $4,000, 3% of the amount from $5,000 to $20,000, and 2% above $20,000, with more allowed for extraordinary services such as tax work and litigation.

Notice of Probate: The Three-Month Window

Once letters issue, the personal representative publishes. W.S. 2-7-201 requires a notice "once a week for three (3) consecutive weeks" in a newspaper of general circulation in the county. That one notice does three jobs:

• It announces the admission of the will or estate and the appointment.
• It tells creditors to file claims "in the office of the clerk of court from which the letters were issued within three (3) months from the date of the first publication of the notice, or thereafter be forever barred."
• When there is a will, it warns that any action to set it aside must be brought within three months of the first publication.

Mailings follow on a schedule set by W.S. 2-7-205(a). A copy of the notice goes to the surviving spouse, all heirs and all will beneficiaries within one week of the first publication. Each reasonably ascertainable creditor gets a copy at least 30 days before the three-month period ends. The Department of Health gets one if the decedent received Medicaid, and the Department of Family Services gets one when a child support obligor is involved.

Claims go to the court, in duplicate. W.S. 2-7-703(a) says claims "shall be filed in duplicate with the clerk" within the time in the notice, and a creditor who received a mailed notice has the later of three months from first publication or 30 days after the mailing. Under 2-7-703(d), the personal representative may allow a claim of $200 or less without a filing. Contests follow the same clock: W.S. 2-6-301 lets an interested person contest a probated will "within the time designated in the notice provided for in W.S. 2-6-122 or 2-7-201." See contesting a will in Wyoming for that branch.

Inventory, the One-Year Rule, and Closing

The inventory comes first. W.S. 2-7-403(a) requires the personal representative to return a sworn inventory of the whole estate, including any homestead, within 120 days of appointment. A personal representative who misses it must show good cause, and one who fails to comply in good faith is held in contempt and fined, with the fine paid into the estate. When the surviving spouse's elective share applies, 2-7-403(b) shortens the deadline to 75 days after the will is admitted.

Then comes the rule that sets Wyoming's pace. W.S. 2-7-801(c) says "the administration of each estate of a decedent shall be completed within one (1) year from the date of appointment of the personal representative" unless a verified report shows good cause and the court approves a continuance. Subsection (b) has the clerk keep a calendar for every estate and bring missed deadlines to the court's attention. For a fuller picture, read how long Wyoming probate takes.

Closing takes three filings:

1. Final report and accounting and petition for distribution. Under W.S. 2-7-811(a), the personal representative files it with the clerk under oath. Subsection (b) lists its contents, including an accounting that all interested parties may waive, a statement on tax compliance, and the proposed distribution. It is set for hearing, and objections are filed in writing, in duplicate.
2. Final decree of distribution. Once the court approves the report, W.S. 2-7-813 has it enter a decree naming each distributee and share, and the personal representative distributes "forthwith."
3. Discharge. W.S. 2-7-814 lets the personal representative petition for final discharge after showing that everything owed was paid and delivered, and the court then discharges the personal representative and any bondsman.

Wyoming Probate Deadlines

Out-of-State Decedents With Wyoming Property

Wyoming land and minerals often belong to people who lived elsewhere. W.S. 2-2-102(a)(ii) through (iv) put venue in the county where a nonresident died leaving property, or otherwise in any county where part of the estate sits. When the estate has already been probated and settled in another state and the Wyoming property is worth $400,000 or less, W.S. 2-11-201 lets the family dispense with Wyoming probate. They file a sworn petition with certified copies of the other state's proceedings and a showing that the debts are paid, and the court gives three weeks of published notice. The details are in Wyoming ancillary probate.

Filing Without a Lawyer

The Wyoming Judicial Branch publishes self-help form packets for the two small-estate routes: "Affidavit for Distribution of Personal Property" for 2-1-201 and "Affidavit for Distribution of Real Property" for the 2-1-205 court application. Those packets make the lightest routes practical for a family on its own. Full administration has no official packet, and the final report, notices and decree are drafted for each estate. For what a self-filer can handle, see filing Wyoming probate yourself.

Next Steps

1. Find the county where the person lived at death and look up that county's clerk of district court.
2. Add up the Wyoming estate, land included, less liens. At $400,000 or less, start with the small-estate routes.
3. Locate the original will and deliver it to the clerk of district court or the named executor within 10 days.
4. If you need letters, file the petition, arrange the bond or written waivers, and budget $160 to open.
5. After appointment, publish the notice of probate, mail the 2-7-205 notices, and put the 120-day inventory and the one-year completion date on your calendar.

Sources:

• Title: Wyoming Statutes Title 2, Wills, Decedents' Estates and Probate Code (W.S. 2-1-101 Short title.; 2-2-101 Exclusive jurisdiction conferred on district courts.; 2-2-102 Venue generally.; 2-2-106 Powers and duties of court commissioners; generally.). Publisher: Wyoming State Legislature. Publication Date: May 8, 2026. URL: https://wyoleg.gov/statutes/compress/title02.pdf
• Title: W.S. 2-2-401, Schedule; additional charges. Publisher: Wyoming State Legislature. Publication Date: May 8, 2026. URL: https://wyoleg.gov/statutes/compress/title02.pdf
• Title: W.S. 2-1-201, Payment of indebtedness and delivery of tangible personal property or instruments evidencing debt; and W.S. 2-1-205, Summary procedure for distribution of personal or real property. Publisher: Wyoming State Legislature. Publication Date: May 8, 2026. URL: https://wyoleg.gov/statutes/compress/title02.pdf
• Title: W.S. 2-6-121, 2-6-122 and 2-6-123, filing and probate of a will without administration. Publisher: Wyoming State Legislature. Publication Date: May 8, 2026. URL: https://wyoleg.gov/statutes/compress/title02.pdf
• Title: W.S. 2-4-201, Persons entitled to administer; and W.S. 2-6-208, Order of preference for appointment of executor. Publisher: Wyoming State Legislature. Publication Date: May 8, 2026. URL: https://wyoleg.gov/statutes/compress/title02.pdf
• Title: W.S. 2-3-102, Bond required; and W.S. 2-3-111, When no bond required; generally. Publisher: Wyoming State Legislature. Publication Date: May 8, 2026. URL: https://wyoleg.gov/statutes/compress/title02.pdf
• Title: W.S. 2-7-201, 2-7-205 and 2-7-703, notice of probate, mailed notice and filing of claims. Publisher: Wyoming State Legislature. Publication Date: May 8, 2026. URL: https://wyoleg.gov/statutes/compress/title02.pdf
• Title: W.S. 2-7-403, 2-7-801, 2-7-811, 2-7-813 and 2-7-814, inventory, one-year completion, final report, decree of distribution and discharge. Publisher: Wyoming State Legislature. Publication Date: May 8, 2026. URL: https://wyoleg.gov/statutes/compress/title02.pdf
• Title: W.S. 2-11-201, Probate of estates of nonresidents. Publisher: Wyoming State Legislature. Publication Date: May 8, 2026. URL: https://wyoleg.gov/statutes/compress/title02.pdf
• Title: Senate File 104, Probate code revisions (Session Laws 2025, chapter 168). Publisher: Wyoming State Legislature. Publication Date: March 19, 2025. URL: https://wyoleg.gov/2025/Enroll/SF0104.pdf
• Title: Self-Help Forms (Probate: Affidavit for Distribution of Personal Property; Affidavit for Distribution of Real Property). Publisher: Wyoming Judicial Branch. Publication Date: Not listed. URL: https://www.wyocourts.gov/self-help-forms/

It is not legal advice.