Wyoming Small Estate Affidavit Guide

Wyoming lets the heirs or will beneficiaries of a small estate collect the decedent's property without opening a full probate. Under W.S. 2-1-201, once 30 days have passed since the death, anyone holding the decedent's money or belongings must hand them over to the people named in a sworn affidavit, as long as the entire estate located in Wyoming, less liens and encumbrances, is worth $400,000 or less and no one has applied to be personal representative in Wyoming.

That figure has been $400,000 since July 1, 2025. Before then it was $200,000, and a large share of the forms and articles you will find still print the old number. Wyoming also has a second small-estate route for land, a district court decree of summary distribution under W.S. 2-1-205. This guide covers both routes, what the $400,000 measures, why a house counts toward it but cannot pass through the affidavit, where each document goes, and what happens if the estate does not fit. If it does not, full Wyoming probate is the fallback.

Two Routes, One $400,000 Figure

Title 2, chapter 1, article 2 of the Wyoming Statutes is captioned "Distribution by Affidavit and Summary Procedure." It holds both routes, and they do different jobs.

The affidavit is the fast route for bank accounts, vehicles and belongings. The summary distribution decree is the route for a house, a ranch parcel or an inherited mineral interest. Most families with both kinds of property use both.

The $400,000 Figure, and the $200,000 It Replaced

The Legislature has moved this number twice in fifteen years, and each change reached both routes at once.

Senate File 104 was signed March 19, 2025. It rewrote the dollar figure in W.S. 2-1-201(a)(i), 2-1-204(a)(i), 2-1-205(a), 2-11-201 and 2-11-202(a), and its effective-date section reads, in full, "This act is effective July 1, 2025."

The act says nothing more about timing. It has no clause about deaths that happened before July 1, 2025, and the affidavit speaks in the present tense when it is signed ("does not exceed four hundred thousand dollars"). The Judicial Branch's instructions measure the estate "on the date of death." So if the death happened before July 1, 2025 and the estate falls between $200,000 and $400,000, the statute does not settle which figure applies. Ask the bank or other holder whether it will accept the affidavit, or ask a Wyoming lawyer, before relying on the higher figure for an older death.

A quick warning about stale sources: the $200,000 figure still appears on many websites. The statute and the Judicial Branch forms (packet dated June 2026) both say $400,000.

What Counts Toward the $400,000

Here is how the measure works, piece by piece.

Only Wyoming property. W.S. 2-1-201(a)(i) measures "the entire estate located in Wyoming subject to administration." Property in another state does not count. The Judicial Branch instructions put it plainly: "If the Decedent also had property outside Wyoming, do not include its value." An estate with large holdings elsewhere can still qualify here.

Land counts. Nothing located in Wyoming is excluded by type. The Judicial Branch's affidavit instructions describe the figure as covering "all of the personal property and all real property" the person owned in Wyoming, and they name a house and land as examples. A house worth $300,000 in the decedent's name uses up $300,000 of the $400,000, less the mortgage.

Liens and debts come off. The figure is net of "liens and encumbrances." A $300,000 house with a $180,000 mortgage counts as $120,000.

Property that passes outside probate is left out. The measure covers only the estate "subject to administration." Joint accounts with a survivor and payable-on-death accounts are paid under the account contract by W.S. 2-1-203, and land covered by a recorded transfer on death deed passes to the named beneficiary. None of those need the affidavit.

Testate or intestate. The affidavit works with or without a will. The statute says "either testate or intestate," and the Judicial Branch publishes separate intestate and testate versions.

Who Can Use the Affidavit

The affidavit is made "by or on behalf of the distributee or distributees," or through their attorney. W.S. 2-1-209 defines a distributee broadly. It includes anyone who succeeds to the decedent's property as an heir, as a will beneficiary, through the intervening estates of the decedent's heirs or beneficiaries, or through an established record of ownership.

That intervening-estate language matters in Wyoming, where mineral interests often sit in a dead relative's name for decades. A grandchild whose parent inherited from the decedent and then also died can still be a distributee.

If there is no will, Wyoming intestate succession decides who the distributees are and what share each takes.

The Affidavit Under W.S. 2-1-201, Step by Step

1. Confirm the five statements are true

The affidavit has to state each of these, and the signer swears to them:

1. The entire Wyoming estate subject to administration, less liens and encumbrances, is worth no more than $400,000 (2-1-201(a)(i)).
2. Thirty days have passed since the death (2-1-201(a)(ii)).
3. No application for appointment of a personal representative is pending or has been granted in any jurisdiction in Wyoming (2-1-201(a)(iii)).
4. The claimants are entitled to the property, with the facts of their relationship to the decedent, the legal basis of their claim, any intervening estates, and a statement that no other distributees have a right to the property (2-1-201(a)(iv)).
5. If anyone applied to be personal representative outside Wyoming, the name and address of that person, the dates, and the court and title of the case (2-1-201(a)(v)).

A probate case in another state does not close this route. A personal representative application in Wyoming does.

2. Fill out the Judicial Branch form

The Wyoming Judicial Branch publishes free packets on its self-help forms page. For personal property:

• PPP 01 and PPP 02: instructions and the intestate affidavit (no will)
• PPP 03 and PPP 04: instructions and the testate affidavit (with a will)
• PPP 05: Exhibit A, the description of the personal property being claimed

The instructions ask you to list the decedent's name exactly as it appears on the accounts and titles, including any former names. You can find the whole set through the Judicial Branch probate form packets.

3. Sign in front of a notary

The Judicial Branch instructions say not to sign until you are in front of a notary. The signature is under oath, and a false statement can be charged as perjury.

4. Record it with the county clerk

W.S. 2-1-201(c) says the affidavit is honored "When the affidavit is filed with the county clerk and a certified copy is presented" to the holder. The Judicial Branch instructions say to record it with the county clerk in the county where the decedent died, if that was in Wyoming, or in a county where some or all of the property is located.

This is the county clerk, the office that records deeds and issues vehicle titles. It is a different office from the clerk of district court, which handles probate cases. The Judicial Branch instructions make the same point: "The County Clerk is not the same person as a Court Clerk."

On cost, W.S. 18-3-402(a)(xvi)(A) sets the county clerk's recording charge at $12.00 for the first page and $3.00 for each additional page, and 18-3-402(a)(xvi)(J) sets $5.00 for a certification. The Judicial Branch instructions estimate the total at "usually around $30.00." Extra certified copies for other heirs cost more.

5. Present a certified copy to each holder

Take the certified copy and photo ID to each bank, credit union, broker or person holding the property. Under 2-1-201(e), the holder pays or delivers property held in the decedent's sole name, with interest and dividends, and a receipt releases the holder. W.S. 2-1-202(d) defines a holder to include a securities broker, bank, savings and loan, credit union or other depository.

A death certificate is not required to record the affidavit, according to the Judicial Branch instructions, though some holders ask to see one.

If a holder refuses

W.S. 2-1-202(a) protects a holder who pays on the affidavit. It is released as fully as if it had dealt with a personal representative, and it does not have to check whether the affidavit's statements are true. That protection is why most holders comply.

When one refuses, 2-1-202(b) lets the distributees sue to recover the property. If the holder did not pay or deliver within 45 days after the affidavit was presented, the court shall award reasonable attorney's fees and costs to the distributees, unless it finds just cause for the refusal.

Vehicles and Securities

Two kinds of property have their own lines in 2-1-201:

• Vehicles. Under 2-1-201(d), "The county clerk of the county in which any vehicle is registered shall transfer title of the vehicle from the decedent to the distributee or distributees" when the affidavit is presented. Wyoming county clerks issue vehicle titles, so this is the same office that records the affidavit. For the title steps and fees, see transferring a vehicle title.
• Securities. Under 2-1-201(b), the transfer agent for any security changes the registered owner on the corporation's books from the decedent to the distributees on presentation of the affidavit.

Passing Land: Summary Distribution Under W.S. 2-1-205

The affidavit cannot move a house, land or a mineral interest. The Judicial Branch's personal-property instructions say so directly: "This form can only be used to ask for the distribution of personal property." Wyoming real property in a small estate passes by a court decree instead.

A note on names: the Judicial Branch titles the land packet "Affidavit for Distribution of Real Property," but every form in it is an application to the district court, and it ends with a decree. Land does not pass by affidavit in Wyoming.

Who can apply, and where

W.S. 2-1-205(a) opens this route when a person dies owning personal or real property, including mineral interests, and the entire estate including personal property does not exceed $400,000, less liens and encumbrances. A distributee may file an application for a decree of summary distribution no earlier than 30 days after the death.

W.S. 2-1-208 sets the county. For a Wyoming resident, file in the county where the decedent lived. For a nonresident, file in any county where part of the estate is located. The application goes to the clerk of district court in that county. Use the Wyoming court directory to find the office.

What the application needs

• Sworn statements. The application is signed under oath by a distributee and repeats the same five statements the affidavit makes under 2-1-201(a)(i) through (v). It must also fully describe the real property and mineral interests claimed (2-1-205(b)).
• A sworn report of value. Under 2-1-205(c), the application attaches a sworn report showing the date-of-death value of all the decedent's Wyoming real property, mineral interests included. A broker's price opinion is allowed, and the person making it must have no legal interest in the estate.

Notice, and the Department of Health

• Publication. Under 2-1-205(d), a notice of the application runs once a week for two consecutive weeks in a newspaper of general circulation in the county where the application was filed.
• Mailed notice. Within 10 days after the first publication, the applicant mails the notice and a copy of the application by first class mail to the surviving spouse, every known distributee, and any reasonably ascertainable creditors (2-1-205(d)).
• Medicaid. If the decedent received medical assistance under W.S. 42-4-101 through 42-4-114, the Wyoming Department of Health must get a copy of the application within 10 days after the first publication (2-1-205(e)). The Judicial Branch instructions suggest sending it unless you are completely sure the decedent never received Medicaid, and the packet includes a cover sheet for that mailing.
• Proof. Under W.S. 2-1-206, the publisher's affidavit of publication and a proof of mailed service, signed under penalty of perjury, are filed with the clerk before the court acts.

Objections and the decree

An objection must be filed before the later of 20 days after the mailing or 30 days after the first publication. A late objection "is forever barred" (2-1-205(f)). With no timely objection, "the court shall enter a decree establishing the right and title to the property located in Wyoming." With an objection, the court sets a hearing and then grants or denies the application.

A certified copy of the decree is then recorded with the county clerk of each county where the land or mineral interests sit. Once recorded, the decree "shall be presumptive evidence of title to the property" (2-1-205(f)). Subsection (m) adds that a distributee who meets the requirements of 2-1-205 and 2-1-201 is entitled to the decree and "no further action under this title is required."

If some distributees cannot be found, W.S. 2-1-207 requires reasonable efforts to locate them and a report to the court. Their share of real property is set over to them, and the court may send other shares to the state treasurer as unclaimed property.

The land-route forms

The Judicial Branch real-property packet runs from PRP 01 to PRP 18. It includes intestate and testate instructions and applications (PRP 01 to 04), the Exhibit A property description (PRP 05), the report of value or broker's price opinion (PRP 06), the cover sheet for the Department of Health (PRP 07), publication and notice forms (PRP 08 to 10), missing-distributee forms (PRP 11 and 12), hearing forms (PRP 13 to 15), the intestate and testate decrees (PRP 16 and 17), and a certificate of service (PRP 18).

The instructions say the clerk of district court charges a filing fee, and the newspaper charges for publication. Ask the clerk for the current filing amount before you file.

Summary distribution timeline

Using Both Routes Together

W.S. 2-1-205(h) says the summary distribution procedure "may be used in addition to the affidavit procedure provided by W.S. 2-1-201." So a family with a checking account, a pickup and a house can record an affidavit for the account and the truck, and file an application for the house. Both are measured against the same $400,000, which counts everything in Wyoming together.

The Judicial Branch's land instructions note that its forms "are not designed to do both things," so expect to prepare two separate sets of paperwork.

Government Creditors Have Their Own Affidavit

W.S. 2-1-204 gives a separate affidavit to government creditors: the United States, the State of Wyoming, and their agencies and political subdivisions. No earlier than 90 days after the death, a government creditor owed money by the decedent can collect the assets described in 2-1-201 by affidavit. Its version measures the estate "wherever located" against the same $400,000.

The creditor has to state that, to its best knowledge, no 2-1-201 affidavit has already been presented. It waives any immunity, indemnifies the holders who pay it, and must pay any excess over its claim to other creditors or to the distributees. This is the reason families with an unpaid government debt should not wait long after the 30-day mark.

Mistakes and Who Answers for Them

• Anyone who receives property is accountable. Under 2-1-202(c), a person paid on the affidavit "is answerable and accountable to a personal representative of the estate or to any other person having a like or superior right." If a probate opens later, or an heir was left out, the property can be pulled back.
• False statements in a land application. Under 2-1-205(g), a decree entered on a materially false application still passes title, but a distributee who knowingly swore to the false statement faces perjury penalties. A distributee harmed by it can sue to amend the decree and for damages within two years of the decree.
• Leaving out an heir. Both routes require the signer to list every person entitled to the property. The Judicial Branch instructions warn that hiding an heir can bring criminal charges.

When the Estate Does Not Qualify

If the Wyoming estate is over $400,000 after liens, or someone has already applied to be personal representative in Wyoming, neither summary route is available. The estate goes through the district court as a regular probate, with letters, published notice to creditors and a one-year completion rule. Full Wyoming probate explains that process, and how long Wyoming probate takes lays out the deadlines.

For land, a better answer is often planning ahead. Wyoming allows a recorded transfer on death deed, which passes real property to a named beneficiary with no court step. For a wider look at planning so heirs skip probate, including joint ownership and payable-on-death accounts, start there. If you plan to handle the small-estate paperwork on your own, filing Wyoming probate yourself covers what a self-filer can do.

Next Steps

1. Add up everything the decedent owned in Wyoming, land and mineral interests included, and subtract the liens and debts against it.
2. Check the date of death. If it was before July 1, 2025 and the estate is over $200,000, confirm with the holder or a Wyoming lawyer that the $400,000 figure will be accepted.
3. Wait until 30 days have passed since the death, and confirm no one has applied in Wyoming to be personal representative.
4. For accounts, belongings and vehicles, complete PPP 01 to PPP 05, sign before a notary, record the affidavit with the county clerk, and take certified copies to each holder.
5. For land or mineral interests, get a report of value, file the PRP application with the clerk of district court, publish and mail the notices, and record the decree once it is entered.

Sources:

• Title: W.S. 2-1-201, Payment of indebtedness and delivery of tangible personal property or instruments evidencing debt. Publisher: Wyoming State Legislature. Publication Date: May 8, 2026. URL: https://wyoleg.gov/statutes/compress/title02.pdf
• Title: W.S. 2-1-202, Effect; refusal to pay, deliver; and W.S. 2-1-203, Deposits by minors or persons under a disability; joint and trust deposits; pay-on-death accounts. Publisher: Wyoming State Legislature. Publication Date: May 8, 2026. URL: https://wyoleg.gov/statutes/compress/title02.pdf
• Title: W.S. 2-1-204, Collection of claims of certain creditors of decedent by affidavit. Publisher: Wyoming State Legislature. Publication Date: May 8, 2026. 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. Publication Date: May 8, 2026. URL: https://wyoleg.gov/statutes/compress/title02.pdf
• Title: W.S. 2-1-206, Proof of publication and service; filing with clerk; 2-1-207, Missing distributees; 2-1-208, Venue generally; and 2-1-209, "Distributee" defined. Publisher: Wyoming State Legislature. Publication Date: May 8, 2026. URL: https://wyoleg.gov/statutes/compress/title02.pdf
• Title: W.S. 18-3-402, Duties generally (county clerk recording and certification fees). Publisher: Wyoming State Legislature. Publication Date: May 8, 2026. URL: https://wyoleg.gov/statutes/compress/title18.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: Senate File 68, Summary probate-amendments (Session Laws 2011, chapter 58). Publisher: Wyoming State Legislature. Publication Date: February 18, 2011. URL: https://wyoleg.gov/2011/Enroll/SF0068.pdf
• Title: PPP 01, Instructions for Intestate Affidavit for Distribution of Personal Property (by Wyoming Statute 2-1-201). Publisher: Wyoming Judicial Branch. Publication Date: June 2026. URL: https://www.wyocourts.gov/app/uploads/2025/12/PPP-01-Intestate-Intstructions-Distrib-Personal-Prop-06-26.pdf
• Title: PRP 01, Instructions for the Application for a Decree of Summary Distribution of Real Property, Intestate (Wyoming Statute 2-1-205). Publisher: Wyoming Judicial Branch. Publication Date: June 2026. URL: https://www.wyocourts.gov/app/uploads/2026/06/PRP-01-Intestate-Intstructions-Application-Distrib-Real-Prop-06-26.pdf
• Title: Self-Help Forms, Probate Forms for Small Estates. Publisher: Wyoming Judicial Branch. Publication Date: Not listed. URL: https://www.wyocourts.gov/self-help-forms/

It is not legal advice.