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Wyoming Probate Types: Administration, Affidavit and Decree

Wyoming is not a Uniform Probate Code state, so there is no informal probate before a registrar. Every court route runs through the district court, and the two shortcuts share one $400,000 ceiling.

Compare eligibility, timing, court involvement, and local verification points

How to Compare Wyoming Probate Types

One court hears every Wyoming estate. 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". The Probate Code calls the district court sitting in probate the probate court, but there is no separate probate court and no registrar. The filing goes to the clerk of district court in the county where the decedent lived at death, regardless of where the death happened (W.S. 2-2-102).

The routes fall into two groups. Two are court proceedings: probate with administration, where letters issue to a personal representative who publishes notice, inventories the estate and closes it by a decree of distribution, and probate of a will without administration under W.S. 2-6-122, which proves a will without appointing anyone. Two are small-estate routes with the same $400,000 ceiling, measured on the estate located in Wyoming less liens and encumbrances: the W.S. 2-1-201 affidavit, filed with the county clerk, for personal property and vehicles, and the W.S. 2-1-205 decree of summary distribution, entered by the district court, for real property and mineral interests.

Cost moves with value, but only a little. Opening an estate costs $160 in every county: the $110 original filing fee under W.S. 2-2-401(a)(i), a $40 court automation fee and a $10 indigent civil legal services fee. When the inventory is filed, the clerk adds $5 for an estate of $5,000 to $10,000 and $5 for each additional $10,000 of value or portion of it (2-2-401(a)(ii)), so a $300,000 inventory adds $150. Wyoming has no probate tax, and its estate tax statute computes to zero.

Simplified Path vs Formal Path at a Glance

Who decides

Simplified Path

Simplified Path: Nobody for the affidavit, which goes to the county clerk; the district court for a summary distribution decree

Formal Path: The district court, which issues letters and later a decree of distribution

Cost to open

Simplified Path

Simplified Path: $0 court fee for the affidavit, plus the county clerk recording charge

Formal Path: $160 in every county, plus $5 per $10,000 of value when the inventory is filed

Dollar limit

Formal Path

Simplified Path: $400,000, net of liens, counting only property located in Wyoming

Formal Path: None

Earliest start

Formal Path

Simplified Path: 30 days after the death (W.S. 2-1-201(a)(ii) and 2-1-205(a))

Formal Path: Any time after the death; the court may hear a will petition forthwith (W.S. 2-6-203)

Real property

Tie

Simplified Path: Counts toward the limit; passes only by the W.S. 2-1-205 decree, not by the affidavit

Formal Path: Passes by the decree of distribution

Creditor cutoff

Formal Path

Simplified Path: The affidavit gives creditors no notice; the W.S. 2-1-205 application is mailed to reasonably ascertainable creditors, who may object

Formal Path: Three months from first publication, with claims filed with the clerk (W.S. 2-7-201 and 2-7-703)

Best fit

Tie

Simplified Path: A Wyoming estate of $400,000 or less with an agreed family

Formal Path: A larger estate, a disputed will, debts to cut off, or property that needs a personal representative to sell

Main Wyoming Probate Options

Probate With Administration (Letters Testamentary or Letters of Administration)

W.S. 2-7-201, 2-7-403, 2-7-801 and 2-7-811

Any estate over $400,000, an estate that needs someone with authority to sell or sue, or one with creditors to cut off

Threshold: No dollar threshold. The ordinary route for an estate over $400,000 or one that needs a personal representative.

Filing Fee: $160 to open in all 23 counties, plus $5 per $10,000 of value (or portion) when the inventory is filed

Timeline: Commonly 4 to 12 months. The floor is the 3-month claim window after first publication (W.S. 2-7-204); the ceiling the statute sets is one year from appointment unless the court approves a continuance (2-7-801(c))

Real Estate: Yes

Attorney: No statutory requirement

Probate of Will Without Administration

W.S. 2-6-122

A will that should be proved where no personal representative is needed

Threshold: No dollar threshold. Used where a will should be proved but no personal representative is needed.

Filing Fee: Set by statute as "equal to the minimum fee applicable to proceedings under W.S. 2-6-203"; no dollar figure is stated, so ask the clerk of district court. Publication is extra

Timeline: Commonly 3 to 5 months: three weeks of publication, then the three-month will-contest bar

Real Estate: No executor is appointed (W.S. 2-6-122)

Attorney: No statutory requirement

Small Estate Affidavit (Personal Property)

W.S. 2-1-201

A Wyoming estate of accounts, vehicles and belongings, net of liens, of $400,000 or less

Threshold: $400,000 or less, measured as the entire estate located in Wyoming subject to administration, less liens and encumbrances, for deaths on or after July 1, 2025 ($200,000 from July 1, 2011 until then). Real property counts toward it, though the affidavit cannot transfer it.

Filing Fee: $0 court fee. County clerk recording $12 first page, $3 each additional page, $5 per certified copy

Timeline: Usable 30 days after the death; commonly 1 to 2 months to collect

Real Estate: No

Attorney: No

Decree of Summary Distribution

W.S. 2-1-205

A Wyoming house, land or mineral interest in an estate of $400,000 or less that would otherwise be the only reason to open a probate

Threshold: The same $400,000 ceiling, net of liens and encumbrances. The court route that passes Wyoming real property, including mineral interests, in a small estate.

Filing Fee: Court fee not stated in W.S. 2-1-205 or the court fee rules; ask the clerk of district court. Recording the decree is $12 for the first page

Timeline: Commonly 2 to 3 months: 30 days to file, two weeks of publication, then the later of 20 days after mailing or 30 days after first publication for objections

Real Estate: Yes

Attorney: No statutory requirement

* Wyoming probate fees are set by state statute, so all 23 counties charge the same amounts. W.S. 2-2-401(a) charges $160 to open an estate (the $110 original filing fee plus a $40 court automation fee under (a)(iii) and a $10 indigent civil legal services fee under (a)(iv)) and a value-based fee when the inventory or appraisement is filed: $5 for an estate valued at $5,000 to $10,000, plus $5 for each additional $10,000 or portion of it. Filing a will without probate costs nothing (W.S. 2-6-121(b)). The small estate affidavit carries no court fee because it is filed with the county clerk, whose recording charge is $12 for the first page and $3 for each additional page (W.S. 18-3-402(a)(xvi)(A)). The court fee for a W.S. 2-6-122 petition and for a W.S. 2-1-205 application is not stated as a dollar figure, so ask the clerk of district court.

Unfamiliar terms in the comparison? The Wyoming probate glossary defines them in plain language.

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Frequently Asked Questions

What are the main Wyoming probate types?
Probate with administration, in which the district court issues letters testamentary or letters of administration to a personal representative (W.S. 2-7-201), and probate of a will without administration (W.S. 2-6-122). Beside them sit two small-estate routes with a $400,000 ceiling: the W.S. 2-1-201 affidavit, filed with the county clerk, for personal property, and the W.S. 2-1-205 decree of summary distribution, entered by the district court, for real property. A will can also be filed without probate at no charge (W.S. 2-6-121).
Does Wyoming have informal probate?
No. Wyoming is not a Uniform Probate Code state, so there is no registrar and no informal probate. Every estate that needs letters goes to the district court. A will can still be admitted quickly: under W.S. 2-6-203 the court or the clerk may hear the petition forthwith, with or without notice, and admit the will on proof of due execution.
Which court handles probate in Wyoming?
The district court of the county where the decedent lived at death. W.S. 2-2-101 gives the district courts exclusive original jurisdiction over probate, and W.S. 2-2-102 sets venue in the county of residence "regardless of where he may have died". The clerk of district court keeps the probate record. Circuit courts are not the probate forum.
Is publishing a notice to creditors required in Wyoming?
Yes. On issuance of letters the personal representative must publish a notice of probate and to creditors once a week for three consecutive weeks in a newspaper of general circulation in the county (W.S. 2-7-201). Creditors file claims in duplicate with the clerk of district court, not with the personal representative, within three months of the first publication (W.S. 2-7-703). A creditor who was mailed notice has until the later of the three months or 30 days after the mailing.
How long does a Wyoming estate have to close?
One year from the personal representative's appointment. W.S. 2-7-801(c) requires the administration of each estate to be completed within one year unless good cause is shown by a verified report and the court approves a continuance. The clerk keeps a calendar for each estate and brings missed deadlines to the court's attention. The final report and petition for distribution cannot be noticed earlier than three months after first publication.
Does a Wyoming personal representative need a bond?
Yes, by default. W.S. 2-3-102 requires every person issued letters to give a bond first, in an amount not less than the value of the personal property plus the probable annual rents and profits of the real property. No bond is required when the will or a statute says so, or when the distributees waive it in writing, though the court can still require one later (W.S. 2-3-111).
How long is there to contest a Wyoming will?
Three months from the first publication of the notice. After a will is admitted, an interested person may contest it within the time stated in the published notice, and if no petition is filed in time "the probate of the will is conclusive" (W.S. 2-6-306).
What if no one opens a Wyoming probate?
Creditors lose their route after two years. If no letters testamentary or of administration are issued within two years after the death, a creditor may no longer apply for letters and all creditor claims are barred, except that a valid mortgage or security interest can still be enforced against the collateral (W.S. 2-4-211 and 2-4-212). Administering the personal estate without letters is a crime under W.S. 2-7-102, except for a distributee acting under the small estate affidavit.
Does Wyoming have an estate or inheritance tax?
Not one that produces a bill. W.S. 39-19-103 still imposes a tax measured by the federal state death tax credit, but that credit was repealed by Pub. L. 113-295 in 2014, so the Wyoming tax computes to zero. Wyoming has no inheritance tax and no probate tax.
How is a Wyoming personal representative paid?
By a statutory schedule. W.S. 2-7-803 has the court allow ordinary fees computed on the probate estate accounted for: 10% of the first $1,000, 5% of the amount over $1,000 up to $5,000, 3% over $5,000 up to $20,000 and 2% of everything over $20,000, which is $6,350 on a $300,000 estate. The attorney for the estate is allowed a separate fee on the same schedule (W.S. 2-7-804), and no fee is paid without a court order (W.S. 2-7-805).

Important: Picking the Wyoming county picks the courthouse and nothing else. Every county runs the same routes through its district court, venue follows the county where the decedent lived (W.S. 2-2-102), and the fees are statewide under W.S. 2-2-401, so no county is cheaper. What is local is the clerk of district court who takes a probate filing, the county clerk, a different office, who records the small estate affidavit, a summary distribution decree or a transfer on death deed, and the newspaper that prints the required notices. The 23 district courts are grouped into 9 judicial districts, which are administrative groupings, not venues.

Legal Authority: W.S. 2-2-101 (district court jurisdiction), W.S. 2-2-102 (venue), W.S. 2-6-121 (filing a will without probate), W.S. 2-6-122 (probate of a will without administration), W.S. 2-6-203 and 2-6-209 (hearing and order admitting a will), W.S. 2-4-201 (persons entitled to administer), W.S. 2-3-102 and 2-3-111 (bond), W.S. 2-7-201 and 2-7-205 (notice of probate and to creditors), W.S. 2-7-403 (inventory), W.S. 2-7-703 (claims), W.S. 2-7-801 (one-year completion), W.S. 2-7-811 and 2-7-813 (final report and decree of distribution), W.S. 2-6-301 and 2-6-306 (will contests), W.S. 2-1-201 (small estate affidavit), W.S. 2-1-205 (decree of summary distribution), W.S. 2-11-201 (nonresident estates), W.S. 2-7-803 (personal representative fees), and W.S. 2-2-401 (probate fees).. Last Verified: September 2026.

SourcesOfficial references used for this page

This content is for informational purposes only and is not legal advice or a substitute for attorney review. Laws and fees may change. Verify current requirements with your local court clerk before filing.

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