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Wyoming Probate Timeline
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Wyoming Probate Timeline

Wyoming probate runs on fixed clocks: 3 weeks of notice, a 3-month claim bar, a 120-day inventory, and 1 year to finish unless the court extends it.

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Wyoming gives a full probate one year. W.S. 2-7-801(c) says the administration of each estate shall be completed within 1 year from the date the personal representative is appointed, unless the personal representative files a verified report showing good cause and the court approves a continuance. The earliest close is a little over 3 months after the notice of probate first runs, because the final account cannot be noticed before then.

Everything between those two points runs on clocks the Wyoming Probate Code sets itself. Here is how they fit together. This page is general information about Wyoming law, read from the Wyoming Statutes as published by the Legislature in May 2026, rather than advice about one estate. Confirm your own dates with the clerk of district court holding the file or a licensed Wyoming attorney.

Three Routes, Three Clocks

Wyoming probate runs through the district court of the county where the decedent lived, and filings go to that county's clerk of district court. Finding your county's clerk of district court is a lookup, since every one of the 23 counties has one. The route decides the calendar before any fact about the family does.

RouteEarliest startWhat ends it
Affidavit for distribution (2-1-201)30 days after the deathThe bank, transfer agent or other holder pays or delivers on a certified copy of the affidavit recorded with the county clerk. No court case is opened
Summary distribution decree (2-1-205)Application filed 30 days after the deathA district court decree once the objection window closes, recorded with the county clerk where the land sits
Full administration with letters (Title 2, chapter 7)Letters issue, then the notice of probate runsA final decree of distribution under 2-7-813 and the personal representative's discharge under 2-7-814

The first two are limited to estates worth $400,000 or less, less liens and encumbrances, a ceiling 2025 Wyoming Session Laws chapter 168 raised from $200,000 effective July 1, 2025. The 30-day small estate routes explain who qualifies and which forms the Judicial Branch publishes.

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The 30-Day Routes

The quickest ending in Wyoming has no court file. Under W.S. 2-1-201(a), not earlier than 30 days after the death, anyone holding the decedent's money, tangible personal property, stock or other instruments must pay or deliver to the distributees on an affidavit stating, among other things, that the Wyoming estate is worth no more than $400,000 less liens and encumbrances, that 30 days have passed, and that no application for a personal representative is pending or granted anywhere in the state. Under 2-1-201(c), the affidavit is filed with the county clerk and a certified copy goes to the holder.

The affidavit does not transfer land. Real property, including mineral interests, passes by a decree of summary distribution under W.S. 2-1-205, and that route runs on its own short calendar:

  1. File the application in the district court, not earlier than 30 days after the death (2-1-205(a)), with a sworn report of the value of all Wyoming real property (2-1-205(c)).
  2. Publish the notice once a week for 2 consecutive weeks in a newspaper of general circulation in the county (2-1-205(d)).
  3. Mail the notice with a copy of the application to the surviving spouse, the other distributees and reasonably ascertainable creditors no later than 10 days after the first publication (2-1-205(d)). If the decedent received Medicaid, the Department of Health gets a copy within the same 10 days (2-1-205(e)).
  4. Wait out the objection window, which closes at the later of 20 days after the mailing or 30 days after the first publication (2-1-205(f)). With no timely objection, the court shall enter the decree.

So a summary decree cannot come sooner than about 60 days after the death, and a distributee who publishes promptly can be close to that. One tail stays open: under 2-1-205(g), a distributee harmed by a materially false application has 2 years from the decree to sue to amend it.

Government creditors wait longer. W.S. 2-1-204(a) lets the United States, the state or a political subdivision collect by affidavit only 90 days after the death.

Letters Start the Clock in a Full Probate

Wyoming puts no numeric deadline on the petition itself. The clock that matters starts when the court admits the will or the intestate estate to probate and letters issue. From then on, W.S. 2-7-201 requires the personal representative to publish a notice of probate once a week for 3 consecutive weeks in a daily or weekly newspaper of general circulation in the county where the probate is pending.

That one notice sets three deadlines at once, each measured from the first publication:

  • Creditors' claims. Creditors must file their claims with the clerk of court within 3 months of the first publication, or they are forever barred (2-7-201, 2-7-703(a)).
  • Will contests. Any action to set aside the probate of the will must be brought within 3 months (2-7-201). W.S. 2-6-301 lets an interested person file a petition to revoke probate within the time the notice designates.
  • The earliest final account. Under 2-7-204(a), the notice of the final account and petition for distribution can go out only when the estate is ready and not less than 3 months after the first publication.

Mailing follows close behind. Under W.S. 2-7-205(a)(i), a copy of the notice goes by first-class mail to the surviving spouse, every heir and every beneficiary named in the will no later than 1 week after the first publication. Each reasonably ascertainable creditor gets a copy no later than 30 days before the 3-month claim period ends (2-7-205(a)(ii)), and the Department of Health gets one when the decedent received Medicaid (2-7-205(a)(iii)). Wyoming notice to creditors covers what a claim has to include and who counts as reasonably ascertainable.

A Sample Wyoming Calendar

Here is an ordinary administered estate where the notice of probate first runs in the week the letters issue.

StepStatuteWhen
Notice of probate published2-7-201Once a week for 3 consecutive weeks after letters issue
Notice mailed to spouse, heirs and beneficiaries2-7-205(a)(i)Within 1 week of the first publication
Notice mailed to known creditors2-7-205(a)(ii)At least 30 days before the claim period ends
Inventory filed with the court2-7-403(a)Within 120 days of appointment
Claim period and will contest window close2-7-201, 2-7-703(a)3 months after the first publication
Personal representative allows or rejects each filed claim2-7-712(a)Within 30 days after the claim period ends
Earliest notice of final account2-7-204(a)3 months or more after the first publication
Administration completed, or interim report filed2-7-801(c), 2-7-806(b)1 year after appointment

The Middle Months: Inventory and Claims

W.S. 2-7-403(a) gives the personal representative 120 days after appointment to return a true inventory, under oath, of all the estate that has come into the personal representative's possession or knowledge, including the homestead. The deadline has teeth. A personal representative who misses it must show the court good cause, the court decides whether to extend, and a failure to comply in good faith is contempt of court, with any fine paid into the estate.

Claims run on a tighter loop inside that window.

  • A mailed creditor's extra time. A creditor who got a mailed notice under 2-7-205(a)(ii) has the later of 3 months after the first publication or 30 days after the mailing (2-7-703(a)).
  • The decision deadline. The personal representative must allow or reject each filed claim in writing, filed with the clerk, within 30 days after the time for filing claims expires (2-7-712(a)). A rejection goes to the claimant immediately by certified mail (2-7-712(d)).
  • The lawsuit deadline. A claimant whose claim is rejected with proper notice has 30 days from the mailing to sue the personal representative, or the claim is forever barred (2-7-718).
  • Small claims. A claim of $200 or less may be allowed without a filing, though the personal representative answers for it at the final accounting (2-7-703(d)).

The clerk is watching the calendar too. W.S. 2-7-801(b) requires the clerk to maintain a calendar for each estate and bring any missed deadline to the court's attention, so the court can act on its own motion.

When a Surviving Spouse Elects

A spouse left less than the elective share by the will changes three dates. First, W.S. 2-7-403(b) pulls the inventory in to 75 days after the will is admitted to probate. Second, 2-5-104(a) requires the court, after the inventory is filed and within 3 months of the will's admission, to advise the spouse of the right to elect. Third, 2-5-105(a) gives the spouse until the later of 3 months after the will's admission or 30 days after being advised to file the petition. Miss both and the will controls.

The petition then goes to a hearing, with notice by certified mail at least 20 days before the hearing date to everyone whose share would shrink (2-5-105(b)). Wyoming surviving spouse rights covers how the one-half and one-fourth shares are measured.

How a Wyoming Estate Ends

A Wyoming administration ends with a court decree. When the estate is ready, the personal representative files the final report and accounting and petition for distribution, under oath, with the clerk of court (2-7-811(a)). It lists the unsold real estate, the heirs or devisees, any distributee under a disability, an accounting of the money and property handled (unless every interested party waives it), a statement on taxes and the proposed distribution (2-7-811(b)).

Then the closing steps run in order:

  1. Notice of final settlement. The notice under 2-7-204 names the last day for written objections, and 2-7-205(b) requires it to be mailed to the spouse and the heirs or beneficiaries at least 10 days before that day, unless they waive it in writing.
  2. Hearing. Objections are filed in writing, in duplicate, with the clerk at or before the hearing date, and the personal representative carries the burden of proof on any issue raised (2-7-811(d), (e)).
  3. Final decree of distribution. The court names who takes and in what shares, and the personal representative proceeds "forthwith" to distribute (2-7-813).
  4. Discharge. With receipts showing every distribution made, the court discharges the personal representative and any bondsman (2-7-814).

The final report and accounting explains what that document has to show and how the interim reports work.

The One-Year Rule Is Wyoming's Own

W.S. 2-7-801(a) states the policy in so many words: estates are to be completed "as rapidly as possible" consistent with protecting creditors, taxing authorities and distributees. Subsection (c) gives it a date. An estate still open 1 year after the personal representative's appointment needs a verified report showing good cause and a court order approving a continuance.

The sanctions are the court's choice. Under 2-7-801(c), the court may cite the personal representative for contempt, remove and replace the personal representative, or use any other remedy that brings the estate to a prompt close. And 2-7-806(b) adds a paper trail: when the final report is not filed within a year of appointment, a verified interim report and accounting is due at the end of that year and every year after until the final report is filed.

What Pushes a Wyoming Estate Past a Year

  1. A will contest. A petition to revoke probate filed inside the 3-month window under 2-6-301 keeps the question open until the court decides it.
  2. A rejected claim that goes to suit. A claimant who sues within the 30 days of 2-7-718 holds up the final distribution until the case ends.
  3. An elective share petition. The hearing under 2-5-105(b) and the court's order under 2-5-105(c) come before the decree of distribution.
  4. Real property that has to be sold. Even a sale that needs no court order needs 10 days' notice to the spouse and the heirs or beneficiaries under 2-7-205(c), and the market sets the pace.
  5. A late inventory. Every later step leans on it, and 2-7-403(a) makes the delay a matter for the judge.

None of these ends the one-year rule. Each is the kind of good cause the verified report under 2-7-801(c) should put on the record before the first anniversary of the appointment.

When Nobody Opened Probate

Wyoming has a separate path for real property left unprobated. When more than 2 years have passed since the death and no court has determined the decedent's heirs or the descent of the land, W.S. 2-9-201 lets an heir, or anyone who took title from the decedent or an heir, petition the district court to determine the heirs and the right of descent. The court sets a hearing at least 30 days after the petition is filed, and notice runs once a week for 4 consecutive weeks before the hearing, mailed to the same people 2-7-205 covers at the time of the first publication (2-9-202).

Since 2020, the decree reaches further. Under 2-9-203(b), as amended by 2020 Wyoming Session Laws chapter 71, the court's findings on the date of death, the heirs and the descent also apply to Wyoming land discovered later, once a copy of the determination is recorded with an affidavit under 34-11-101. How Wyoming probate works walks the full proceeding from the petition to the discharge.

Frequently Asked Questions

How long does probate take in Wyoming?

W.S. 2-7-801(c) says the administration of each estate shall be completed within 1 year from the date the personal representative is appointed, unless the personal representative files a verified report showing good cause and the court enters an order approving a continuance. The earliest end is set by the notice of probate: under 2-7-204(a), the final account and petition for distribution cannot be noticed until at least 3 months after the first publication. So the statutes frame a full administration between a little over 3 months after the first publication and 1 year after the appointment.

How long do creditors have to file a claim against a Wyoming estate?

Three months from the date of the first publication of the notice of probate, under W.S. 2-7-201 and 2-7-703(a). Claims are filed in duplicate with the clerk of court. A creditor who received a mailed notice under 2-7-205(a)(ii) has the later of those 3 months or 30 days after the mailing. The personal representative then has 30 days after the claim period ends to allow or reject each filed claim under 2-7-712(a).

When is the inventory due in a Wyoming probate?

Within 120 days after the personal representative's appointment, under W.S. 2-7-403(a). A personal representative who misses it must show the court good cause, and failure to comply in good faith is contempt, with any fine paid into the estate. When the surviving spouse has an elective share right under 2-5-101, 2-7-403(b) moves the deadline to 75 days after the will is admitted to probate.

How soon after a death can a Wyoming small estate affidavit be used?

Not earlier than 30 days after the death, under W.S. 2-1-201(a)(ii). The same 30-day wait applies to an application for a decree of summary distribution under 2-1-205(a). Both routes are limited to estates of $400,000 or less, less liens and encumbrances. A government creditor collecting by affidavit under 2-1-204 has to wait 90 days.

How long do you have to contest a will in Wyoming?

Three months from the first publication of the notice of probate. W.S. 2-7-201 requires the notice to say that any action to set aside the will must be brought within 3 months of the first publication or be barred, and 2-6-301 ties a petition to revoke probate to that window. A will probated without administration under 2-6-122 carries the same 3-month notice.

What if nobody opened probate in Wyoming for years?

When more than 2 years have passed since the death and there has been no earlier judicial determination of heirs, W.S. 2-9-201 lets an heir, or anyone who took title from the decedent or an heir, petition the district court to determine the heirs and the descent of the real property. Under 2-9-202 the court sets a hearing at least 30 days after filing, and notice runs in the newspaper once a week for 4 consecutive weeks before the hearing.

Sources:

  • Title: W.S. 2-1-201, Payment of indebtedness and delivery of tangible personal property or instruments evidencing debt. 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. 2-1-205, Summary procedure for distribution of personal or real property; application for decree; notice by publication; presumptive evidence of title; effect of false statements. 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. 2-7-201, Admission of will or estate to probate and appointment of personal representative; contents; form. 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. 2-7-205, Parties entitled to receive. 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. 2-7-403, Return of inventory of estate by representative; failure to comply; disposition of fines. 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. 2-7-703, Filing required; failure to do so constitutes bar; exceptions. 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. 2-7-801, Declaration of policy; clerk to maintain calendar; administration to be completed within one year; exception. 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. 2-7-811, Final report and accounting and petition for distribution; contents; notice and hearing thereon. 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. 2-9-201, Application by petition two years after death; where filed. 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: SF0104, Probate code revisions (2025 Wyoming Session Laws chapter 168). Publisher: Wyoming State Legislature. Publication Date: 2025-03-19 (signed; effective 2025-07-01). URL: https://wyoleg.gov/2025/Enroll/SF0104.pdf
  • Title: SF0027, Discovered property-probate procedures (2020 Wyoming Session Laws chapter 71). Publisher: Wyoming State Legislature. Publication Date: 2020-03-12 (signed; effective 2020-07-01). URL: https://wyoleg.gov/2020/Enroll/SF0027.pdf

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Information current as of September 28, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Wyoming can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.