Wyoming Small Estate Affidavit: Land Counts Toward $400,000 but Passes by Court Decree

Settled Estate puts the Wyoming small estate affidavit limit at $400,000, subject to conditions this page sets out in full. Real property cannot pass this way. Last verified September 2026.

Wyoming has one small-estate figure and two routes that share it. The affidavit, filed with the county clerk, moves personal property and vehicles; Wyoming land moves only by a district court decree of summary distribution.

Based on W.S. 2-1-201

By Settled Estate EditorialPublished: January 15, 2026Updated: May 31, 2026

Does Wyoming Have a Small Estate Affidavit?

Yes. W.S. 2-1-201 lets the distributees collect a decedent's personal property with a sworn affidavit once 30 days have passed since the death, when the value of the entire estate located in Wyoming subject to administration, either testate or intestate, less liens and encumbrances, does not exceed $400,000, and no application for appointment of a personal representative is pending or has been granted in Wyoming. Unlike most states, the signed and notarized affidavit is filed with the county clerk, and a certified copy is what a bank or other holder must honor (W.S. 2-1-201(c)). Real estate counts toward the $400,000 but cannot pass by the affidavit. Wyoming land and mineral interests in a small estate pass by a separate court procedure, an application to the district court for a decree of summary distribution under W.S. 2-1-205, which uses the same $400,000 ceiling. A will does not close either route. The $400,000 figure took effect July 1, 2025; for deaths from July 1, 2011 until then it was $200,000.

Do you qualify?

Qualifying threshold: $400,000 or less, measured on the value of the entire estate located in Wyoming subject to administration, either testate or intestate, less liens and encumbrances (W.S. 2-1-201(a)(i)), for deaths on or after July 1, 2025. Wyoming real property counts toward that measure at its value net of liens, even though the affidavit cannot transfer it.Wyoming's figure is a net test of the Wyoming estate only. Add up everything located in Wyoming that would go through probate, then subtract liens and encumbrances. Nothing located in Wyoming is excluded by asset class, so the house counts: a $250,000 house with a $100,000 mortgage contributes $150,000. Property located in another state does not count. Property that passes outside probate, such as joint tenancy with right of survivorship, a payable-on-death account, a vehicle with a recorded transfer-on-death beneficiary, or land covered by a transfer on death deed recorded before the death, is not subject to administration and is left out. For a death before July 1, 2025, the figure in force at the death was $200,000, and the 2025 act does not say which figure applies when an older death is settled now, so check with the bank or a Wyoming lawyer before relying on the higher figure.
Waiting period: 30 days after the death (W.S. 2-1-201(a)(ii)). The route closes once anyone applies in Wyoming to be appointed personal representative, and it stays closed after an appointment is granted (2-1-201(a)(iii)). A case opened in another state does not close it, but the affidavit has to name that personal representative and the court and title of that proceeding.
Court filing fee: No court fee, because the affidavit is never filed in court. It is filed with the county clerk, whose recording charge is $12 for the first page and $3 for each additional page, plus $5 for each certification (W.S. 18-3-402(a)(xvi)(A) and (J)); the Judicial Branch's PPP 01 instructions estimate the county fee as "usually around $30.00". Budget separately for a notary and for certified death certificates from the Wyoming Department of Health, $25 for the first copy and $20 for each additional copy in the same request.
Attorney: Not typically neededNo statutory requirement. W.S. 2-1-201 is written so the distributees can sign and file the affidavit without counsel, and the Wyoming Judicial Branch publishes a free packet, PPP 01 to PPP 05, in intestate and testate versions. Advice earns its cost where the Wyoming estate sits near $400,000, where the death was before July 1, 2025, where land or mineral interests still have to pass by a court decree, where more than one person claims to be a distributee, or where the decedent received Medicaid and the Department of Health may present a claim.
Real estate: Not covered by this procedureReal estate counts toward the Wyoming limit but cannot be transferred by the affidavit. W.S. 2-1-201(a)(i) measures the entire Wyoming estate subject to administration, less liens and encumbrances, with no carve-out for land, while the affidavit reaches debts owed to the decedent, tangible personal property, instruments, registered securities and vehicle titles. Wyoming land and mineral interests in a small estate pass by a separate court route: at least 30 days after the death, the distributees apply to the district court for a decree of summary distribution under W.S. 2-1-205, with a sworn report of the real property's date-of-death value, notice published once a week for two consecutive weeks, and notice mailed within 10 days of first publication. With no timely objection the court enters the decree, and a certified copy recorded with the county clerk where the land lies is presumptive evidence of title (2-1-205(f)). Land covered by a transfer on death deed recorded before the death under W.S. 2-18-103 needs no court step, only a recorded affidavit and a Department of Health certificate of clearance (2-18-103(n)).

Start the Free Probate Assessment

Main Requirements

Wyoming Estate of $400,000 or Less, Net of Liens

W.S. 2-1-201(a)(i) caps the value of the entire estate located in Wyoming subject to administration, less liens and encumbrances, at $400,000 for deaths on or after July 1, 2025. Wyoming real property counts toward it; property in another state does not.

30 Days Have Passed Since the Death

Required by W.S. 2-1-201(a)(ii).

No Personal Representative Application in Wyoming

W.S. 2-1-201(a)(iii) requires that no application for appointment of a personal representative is pending or has been granted in any jurisdiction in Wyoming. An out-of-state case must be described in the affidavit (2-1-201(a)(v)).

Every Distributee Is Named

The affidavit states the claimants' relationship and legal basis of entitlement and that there are no other distributees (W.S. 2-1-201(a)(iv)); "distributee" is defined in W.S. 2-1-209.

Filed With the County Clerk

The affidavit is effective once it "is filed with the county clerk and a certified copy is presented" to the holder of the property (W.S. 2-1-201(c)).

Personal Property and Vehicles Only

The affidavit reaches debts owed to the decedent, tangible personal property, instruments, registered securities and vehicle titles. Wyoming land and mineral interests need a W.S. 2-1-205 decree of summary distribution or a probate.

A Will Does Not Close the Route

W.S. 2-1-201(a)(i) applies to an estate "either testate or intestate", and the Judicial Branch publishes testate and intestate versions of the affidavit.

Older Deaths Used a $200,000 Figure

For a death from July 1, 2011 through June 30, 2025 the figure in force at the death was $200,000. The 2025 act that raised it has no transition clause, so confirm which figure the holder will accept.

Available Small-Estate Options

Small Estate Affidavit, W.S. 2-1-201

Limit: Estate located in Wyoming, less liens and encumbrances, at $400,000 or less for deaths on or after July 1, 2025. Collects debts owed, tangible personal property, instruments, securities and vehicle titles; cannot transfer land
Real Estate: Not included
Timeline: Usable 30 days after the death, then as long as each holder takes to pay or deliver
Typical Fee: $0 court fee. County clerk recording $12 first page, $3 each additional page, $5 per certified copy

Decree of Summary Distribution, W.S. 2-1-205

Limit: The same $400,000 ceiling, net of liens. The district court route that passes Wyoming real property and mineral interests in a small estate
Real Estate: Can be included
Timeline: Filed 30 or more days after the death; two weeks of published notice, then the later of 20 days after mailing or 30 days after first publication for objections. Commonly 2 to 3 months
Typical Fee: Court filing fee not stated in the statute; ask the clerk of district court. County clerk recording of the decree $12 first page

Probate With Administration, W.S. 2-7-201 to 2-7-814

Limit: No dollar threshold. The ordinary route for an estate over $400,000 or one that needs a personal representative
Real Estate: Can be included
Timeline: Commonly 4 to 12 months; administration must be completed within one year of appointment unless the court approves a continuance (W.S. 2-7-801(c))
Typical Fee: $160 to open in all 23 counties, plus $5 per $10,000 of value when the inventory is filed (W.S. 2-2-401)

Under $400,000 does not mean the house can skip the court.

The common Wyoming mistake is reading the $400,000 figure as a promise that the whole estate can pass by affidavit. It cannot. W.S. 2-1-201 counts Wyoming real property toward the limit and then moves only personal property and vehicle titles. An estate with $60,000 in the bank and a Wyoming house with $200,000 of equity qualifies for the affidavit on the bank account and still needs a district court decree of summary distribution under W.S. 2-1-205, or a probate, to pass the house, unless the house was covered by a transfer on death deed recorded before the death or held in joint tenancy. Add the house to the bank balance before deciding whether either route is open, because the $400,000 test is applied to both together.

Step-by-Step Process

Add Up the Wyoming Estate, House Included

W.S. 2-1-201(a)(i) measures the entire estate located in Wyoming subject to administration, less liens and encumbrances. Count solely owned Wyoming bank and brokerage accounts, vehicles, household goods, money owed to the decedent, and Wyoming real estate and mineral interests at their value minus any mortgage or lien. Leave out property in another state and anything that passes outside probate, such as joint tenancy with survivorship, payable-on-death accounts and land covered by a recorded transfer on death deed.

Check the Total Against $400,000

If the death was on or after July 1, 2025 and the net Wyoming total is $400,000 or less, the affidavit is available for the personal property. If the death was earlier, the figure in force at that time was $200,000, and the 2025 act does not say which figure applies now, so treat a total between the two as a question for the bank or a Wyoming lawyer.

Wait 30 Days After the Death

Covered in the "Do you qualify?" checklist at the top of this page.

Confirm Nobody Has Applied in Wyoming to Be Personal Representative

Under W.S. 2-1-201(a)(iii), no application for appointment of a personal representative may be pending or granted in any Wyoming jurisdiction. Ask the clerk of district court in the county where the decedent lived. If a case is open in another state, the affidavit must give the name and address of that personal representative, the dates, and the court and title of the proceeding (2-1-201(a)(v)).

Identify Every Distributee

The affidavit states each claimant's relationship to the decedent, the legal basis of the claim including any intervening estates, and that no other distributees have a right to the property (W.S. 2-1-201(a)(iv)). "Distributee" covers heirs, will beneficiaries and people claiming through an intervening estate (W.S. 2-1-209). Leaving out an heir is a false sworn statement.

Sign Before a Notary and File With the County Clerk

Use the Wyoming Judicial Branch packet: PPP 01 instructions with PPP 02 (intestate) or PPP 04 (testate) and the PPP 05 exhibit. Sign before a notary and file the affidavit with the county clerk, who charges $12 for the first page and $3 for each additional page, plus $5 for each certified copy (W.S. 18-3-402(a)(xvi)).

Present a Certified Copy to Each Holder, and Plan Separately for Land

Give a certified copy to each bank, debtor or other holder. A holder who pays or delivers on it is discharged as if it had dealt with a personal representative, and a holder who refuses without just cause for 45 days can be made to pay the distributee's attorney's fees (W.S. 2-1-202). A transfer agent must re-register securities (2-1-201(b)), and the county clerk where a vehicle is registered transfers its title (2-1-201(d)). Wyoming land or minerals stay where they are until a W.S. 2-1-205 decree or a probate moves them.

County Note: The affidavit goes to the county clerk, not to a court, and the county clerk is a different office from the clerk of district court. PPP 01 says to record it with the county clerk in the county where the decedent died, if in Wyoming, or a county where some or all of the property is located. Recording charges are set statewide by W.S. 18-3-402, so no Wyoming county is cheaper. The district court, sitting in the county where the decedent lived, comes in only if land needs a decree of summary distribution or the estate needs a full probate, whose $160 opening fee is the same in all 23 counties.

FAQ: Wyoming Small Estate Affidavit

Does Wyoming have a small estate affidavit?

Yes. W.S. 2-1-201 lets the distributees collect personal property with a sworn affidavit when 30 days have passed since the death, the entire estate located in Wyoming subject to administration, less liens and encumbrances, is $400,000 or less, and no application for a personal representative is pending or granted in Wyoming. The affidavit is filed with the county clerk, and a certified copy is presented to whoever holds the property.

What is the Wyoming small estate limit?

$400,000, measured net of liens and encumbrances across the estate located in Wyoming, for deaths on or after July 1, 2025. Laws 2025, ch. 168 (SF0104) raised it from $200,000, which had applied since July 1, 2011. It is not indexed for inflation and changes only by amendment.

Does the house count toward the Wyoming limit?

Yes, at its value net of the mortgage, if it is in Wyoming. W.S. 2-1-201(a)(i) measures the Wyoming estate with no exclusion for real estate. But the affidavit cannot transfer the house. Wyoming land and mineral interests in a small estate pass by an application to the district court for a decree of summary distribution under W.S. 2-1-205, which uses the same $400,000 ceiling and can run alongside the affidavit (2-1-205(h)).

How does the Wyoming summary distribution decree work?

At least 30 days after the death, the distributees file a sworn application in the district court with a sworn report of the real property's date-of-death value, which may be a broker's price opinion. Notice is published once a week for two consecutive weeks and mailed within 10 days of first publication to the surviving spouse, the other distributees and reasonably ascertainable creditors; if the decedent received Medicaid, the Department of Health also gets a copy. Objections are due by the later of 20 days after mailing or 30 days after first publication. With no timely objection the court enters the decree, which is recorded with the county clerk where the land lies (W.S. 2-1-205). The Judicial Branch packet is PRP 01 to PRP 18. The court filing fee for the application is not stated in the statute, so ask the clerk of district court.

Is there a waiting period for a Wyoming small estate affidavit?

30 days from the date of death under W.S. 2-1-201(a)(ii). After that, the route stays open until someone applies in Wyoming to be appointed personal representative.

Does a will stop you from using the Wyoming affidavit?

No. W.S. 2-1-201(a)(i) applies to an estate "either testate or intestate", and the Judicial Branch publishes a testate version of the affidavit (PPP 04). Every distributee entitled under the will or under intestate succession must be identified in it.

Official Forms, Sources, and VerificationOfficial references used for this page

W.S. 2-1-201, Payment of indebtedness and delivery of tangible personal property or instruments evidencing debtWyoming Legislature (Wyoming Statutes, Title 2). Official title PDF created May 8, 2026, accessed September 28, 2026.
W.S. 2-1-205, Summary procedure for distribution of personal or real propertyWyoming Legislature (Wyoming Statutes, Title 2). Official title PDF created May 8, 2026, accessed September 28, 2026.
2025 Wyo. Sess. Laws ch. 168 (SF0104), Probate code revisionsWyoming Legislature. Enrolled act, signed March 19, 2025, accessed September 28, 2026.
2011 Wyo. Sess. Laws ch. 58 (SF0068), Summary probate-amendmentsWyoming Legislature. Enrolled act, signed February 18, 2011, accessed September 28, 2026.
W.S. 18-3-402, Duties generally (county clerk recording fees)Wyoming Legislature (Wyoming Statutes, Title 18). Official title PDF created May 8, 2026, accessed September 28, 2026.
Probate (Personal Property) Form 01: Instructions for the Affidavit for Distribution of Personal Property, IntestateWyoming Judicial Branch. Last form revision March 2026, packet date June 2026, accessed September 28, 2026.
PRP 01: Instructions for the Application for Distribution of Real Property, IntestateWyoming Judicial Branch. Form packet June 2026, accessed September 28, 2026.
Request for Certified Copy of a Wyoming Vital RecordWyoming Department of Health. 2026 application form, accessed September 28, 2026.

Information current as of May 31, 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.