Wyoming Will Requirements | Settled Estate

A Wyoming will has to be in writing, signed by the testator or by someone else in the testator's presence and at the testator's express direction, and witnessed by two competent witnesses. W.S. 2-6-112(a) sets those rules. Since July 1, 2023, those witnesses may join by live video, and a will written entirely in the testator's own hand is valid with no witnesses at all.

These rules sit in Title 2, Chapter 6, Article 1 of the Wyoming Statutes, the state's own probate code. Wyoming did not adopt the Uniform Probate Code, so its will rules differ from those of neighbors like Montana, Idaho and Colorado in ways that matter at signing time. Every section quoted below was read in the Wyoming Legislature's Title 2 file, published after the 2026 session. The Legislature meets every year, and most new acts take effect on July 1.

Read this page as a planning map, not a signing kit. It is general information about Wyoming law, not advice about your estate. A licensed Wyoming attorney should look at any plan that involves ranch land, mineral interests, a blended family, or a dispute you can already see coming.

A valid will does not keep an estate out of court on its own. It names who inherits and who serves as executor, and the estate still moves through the district court described in the Wyoming probate guide. When no valid will exists, Wyoming intestate succession decides who takes.

Who Can Make a Wyoming Will

W.S. 2-6-101 says: "Any person of legal age and sound mind may make a will and dispose of all of his property by will except what is sufficient to pay his debts, and subject to the rights of the surviving spouse and children."

Legal age in Wyoming is 18. W.S. 14-1-101(a) says an individual reaches the age of majority on turning eighteen and acquires, as an adult, all rights and responsibilities granted by statute or common law.

Two limits hide in that same sentence. A will cannot give away what the estate needs to pay debts, and it operates subject to the rights of a surviving spouse and children, such as the elective share a spouse can claim against the will. Those family rights are a separate topic from signing the will correctly.

What Makes a Wyoming Will Valid

W.S. 2-6-112(a) opens with the holographic exception in 2-6-113. Outside it, a will must be:

In writing, or typewritten.
Signed by the testator, or by some person in the testator's presence and by the testator's express direction.
Witnessed by two competent witnesses.

The subsection also protects a will whose witnesses later lose capacity. If the witnesses were competent when they attested the signing, their later incompetency "shall not prevent the probate and allowance of the will."

Wyoming's section is short, and it leaves some details unstated. It does not say in so many words that the witnesses must sign in the testator's presence or in front of each other. The written witness testimony form in W.S. 2-6-205(a), which is how most wills get proved later, has each witness swear that the testator signed in their presence and that both witnesses signed "in the presence of said testator and in the presence of each other." Signing that way, in one sitting, makes the later proof easy.

Witnesses Can Appear by Video

Wyoming added remote witnessing in 2023. Senate File 99, "Witnessing of wills-remote methods." (Laws 2023, ch. 170), amended W.S. 2-6-112 and 2-6-114 effective July 1, 2023. Under 2-6-112(b), witnesses "may appear in person or by the use of audio-video communication technology," provided that the witnesses:

Condition in W.S. 2-6-112(b)	What it means at the signing
Can see and hear the testator in real time	A live two-way video call, not a recording
Have the opportunity to judge the competency of the testator	The witness has to be able to assess the testator, not just watch a pen
Have the ability to securely sign the will electronically	The witness signs by a secure electronic method
Can determine that the testator is freely and voluntarily signing and executing the will	The witness can tell no one is pressuring the testator

The subsection speaks to the witnesses. It sets no parallel rule for the testator signing electronically, and Chapter 6, whose three articles cover will rules, probate procedure and contests, holds no electronic wills article. A testator who signs on paper while the witnesses join by video stays closest to the statute's text.

No Notary Is Needed to Sign a Wyoming Will

W.S. 2-6-112 lists a writing, the testator's signature and two witnesses. It never mentions a notary, and it offers no notary-only route in place of witnesses. A notary shows up in the self-proving affidavit instead, and that affidavit is about proving the will later rather than making it valid.

Who May Witness, and What an Interested Witness Loses

W.S. 2-6-115 is one sentence: "Any person generally competent to be a witness may act as a witness to a will." The section sets no minimum age of its own.

The catch is in 2-6-112(a). "No subscribing witness to any will can derive any benefit therefrom unless there are two (2) disinterested and competent witnesses to the same." A beneficiary who signs as a witness does not void the will, but that witness loses the gift unless two other disinterested witnesses also signed. The statute softens the loss for family: a witness who would inherit if there were no will "may still receive the portion to the extent and value of the amount devised." In plain terms, the witness keeps no more than the smaller of the intestate share and the gift in the will.

Wyoming is stricter here than Uniform Probate Code states such as Montana, where an interested witness keeps the whole gift. The fix costs nothing: use two adults who take nothing under the will.

Handwritten Wills Are Valid in Wyoming

W.S. 2-6-113 says a will that does not comply with 2-6-112 "is valid as an holographic will, whether or not witnessed, if it is entirely in the handwriting of the testator and signed by the hand of the testator himself."

Three details decide whether a handwritten page qualifies:

The whole will must be handwritten. The statute says entirely. A preprinted will form with the blanks filled in by hand, or a typed will with handwritten gifts added, falls outside the plain text of 2-6-113.
The signature must be handwritten. A typed name at the bottom does not meet the test.
No witnesses, notary or date are required. The section names only the handwriting and the signature.

At probate, W.S. 2-6-206 says a holographic will "may be proved the same as any other private writing," which usually means testimony from people who know the testator's handwriting. That is where handwritten wills draw fights: handwriting comparisons, missing pages and loose wording produce litigation that a typed will signed before two witnesses would have avoided.

Self-Proved Wills

W.S. 2-6-114 offers two ways to make a will self-proved, and prints the wording for each.

At the signing, under 2-6-114(a). The will is executed, attested and made self-proven at once, by the testator's acknowledgment and the witnesses' affidavits, each made before an officer authorized to administer oaths and evidenced by the officer's certificate under official seal. Under 2-6-114(b), signing this combined acknowledgment and affidavits satisfies the signature requirements of 2-6-112.
Later, under 2-6-114(c). An already-attested will can be made self-proven "at the time of its execution or at any subsequent date," with an affidavit attached or annexed to the will.

Both printed forms were updated in 2023 to fit remote witnessing. The witnesses may "electronically sign by secure means," and each may appear "through the use of audio-video communication technology and able to see and hear the testator in real time."

The payoff comes at probate. W.S. 2-6-204 says a will executed in compliance with 2-6-114 "shall be probated without further proof." Without the affidavit, W.S. 2-6-205(a) calls for the oral or written testimony of one or more subscribing witnesses. If all the witnesses are dead or unavailable, 2-6-205(c) allows proof by two credible disinterested witnesses who swear to the handwriting of the testator and the witnesses, or by other sufficient evidence. The affidavit is optional, and a will signed correctly without one is still valid. It simply spares the family from finding two witnesses years later.

No Harmless Error Rule in Wyoming's Statutes

Some states let a court admit a document that misses a signing formality if clear and convincing evidence shows the person meant it as a will. Wyoming's Title 2 contains no such section. W.S. 2-6-116 names the routes to a valid written will: compliance with 2-6-112, compliance with 2-6-113, or compliance with the law of another place described below. A search of the full text of Title 2 turned up no dispensing or harmless error provision. Plan on meeting 2-6-112 or 2-6-113 exactly.

A Will Signed in Another State

W.S. 2-6-116 saves most documents that arrive with a move. A written will is valid if its execution complies with the law, at the time of execution, of the place where it was signed, or of the place where the testator was domiciled, had a place of abode or was a national, either when signing or at death.

A will signed in Colorado under Colorado rules does not need re-signing after a move to Cheyenne or Casper.

The Separate List for Personal Items

W.S. 2-6-124 lets a will refer to a written statement or list that disposes of tangible personal property the will does not already give away by a specific gift. The list cannot cover money, evidences of indebtedness, documents of title, securities, or property used in trade or business.

To be admissible, the writing must:

Be dated.
Be in the testator's handwriting or signed by the testator.
Describe the items and the people receiving them with reasonable certainty.

The list may be prepared before or after the will is signed. The testator can change it later, and each change must be signed and dated. Saddles, guns, jewelry and tools can move around on a signed, dated page without a new will each time. Ranch equipment used in the family operation is another matter, since property used in trade or business is excluded.

Revoking or Changing a Wyoming Will

W.S. 2-6-117(a) revokes a will, or any part of it, in two ways:

By a later will that revokes the earlier will or part "expressly or by inconsistence."
By a physical act. The will is "burned, torn, cancelled, obliterated or destroyed with the intent and for the purpose of revoking it by the testator or by another person in his presence and by his direction."

Intent carries the second route. A will torn by accident is not revoked.

Divorce Revokes Gifts to a Former Spouse

Senate File 100 (Laws 2023, ch. 140) created W.S. 2-6-125 and repealed the older divorce section, 2-6-118, effective July 1, 2023. The new section reaches beyond wills to any "governing instrument" the divorced person signed before the divorce and could have revoked, which can reach beneficiary designations and revocable trusts as well as wills.

Unless the instrument, a court order, or a property agreement between the spouses says otherwise, a divorce or annulment immediately:

Revokes revocable gifts to the former spouse and to the former spouse's relatives.
Revokes powers of appointment given to them.
Revokes their nominations as executor, trustee, conservator, agent or guardian.
Severs joint tenancies with the former spouse, turning them into tenancies in common.

Under 2-6-125(d), the instrument then reads as if the former spouse and those relatives disclaimed the revoked gifts, and as if they died before the divorce for any fiduciary role. A decree of separation that does not end the marriage does not count. If the couple remarries each other, 2-6-125(e) revives the revoked provisions unless a signed prenuptial or other written agreement prohibits it.

Nothing else revokes a will by operation of law. W.S. 2-6-125(f) says: "No change of circumstances other than as described in this section revokes a will." A marriage or the birth of a child after the will was signed leaves the will in force, so update the will yourself when the family changes.

After a Death: Delivering and Filing the Will

W.S. 2-6-119(a) gives whoever holds the will a hard deadline. Every custodian of a will must deliver it, within ten days after receiving information that the maker is dead, to the clerk of the district court having jurisdiction of the estate or to the executor named in the will. A custodian who fails to comply is responsible for all damages anyone suffers because of it. Under 2-6-119(b), the court can order a third person holding a will to produce it and punish refusal as contempt.

When the clerk receives a will with word of the death, W.S. 2-6-120 has the clerk notify the named executor and as many beneficiaries as can readily be located. If no one files anything within 30 days of that notice, the clerk reports the matter to the court. A named executor who waits 30 days after learning of the death and the appointment, without petitioning, may be held to have renounced the right to serve under W.S. 2-6-202, unless good cause for the delay is shown.

Wyoming offers three filing routes once the will reaches the clerk:

Route	Statute	What it does
Filing without probate or administration	W.S. 2-6-121	The executor or a beneficiary files a sworn petition and the clerk files and indexes the will. No filing fee is charged.
Probate without administration	W.S. 2-6-122	The court admits the will but appoints no executor, then the petitioner publishes notice once a week for three weeks. Any action to set the will aside must be filed within three months of the first publication.
Full probate with letters testamentary	W.S. 2-6-201	The petition asks the court to admit the will and appoint the executor.

Under W.S. 2-6-123, filing a will under 2-6-120 through 2-6-122 does not bar collecting assets by affidavit under W.S. 2-1-201 through 2-1-203, covered in the Wyoming small estate guide. If someone wants to challenge a will once it is admitted, the deadline runs from the published notice, which is covered in how a Wyoming will is challenged. You can find the clerk of district court for each of the 23 counties on the Wyoming courts directory.

Signing a Wyoming Will That Holds Up

The ordinary version looks like this:

Confirm the testator is 18 or older and of sound mind under W.S. 2-6-101.
Put the will in writing, or typewrite it, and have the testator sign it.
Have two competent adults who take nothing under the will witness the signing, in person or by live audio-video under W.S. 2-6-112(b), and sign in one sitting.
Add a self-proving affidavit under W.S. 2-6-114 before a notary, so no one has to find the witnesses at probate.
Keep the original somewhere the executor can reach it, tell that person where it is, and remember the 10-day delivery rule in W.S. 2-6-119.

A will controls what happens after a death and nothing before it. For a financial power of attorney, a health care directive and the rest of a plan, see Wyoming estate planning basics. A will also does not keep property out of court, so look at how to avoid probate in Wyoming for assets you would rather pass by transfer on death deed, beneficiary designation or trust.

Frequently Asked Questions

How many witnesses does a Wyoming will need?

Two. W.S. 2-6-112(a) says a will, to be valid, must be in writing or typewritten, witnessed by two competent witnesses, and signed by the testator or by some person in his presence and by his express direction. A handwritten will under W.S. 2-6-113 is the one exception and needs no witnesses.

Does a Wyoming will have to be notarized?

No. W.S. 2-6-112 asks for a writing, a signature and two witnesses, and it never mentions a notary. A notary or other officer authorized to administer oaths comes in only for the optional self-proving affidavit in W.S. 2-6-114, which lets the court admit the will without further proof under W.S. 2-6-204.

Is a handwritten will valid in Wyoming?

Yes, if it is entirely in the testator's handwriting and signed by the testator's own hand. W.S. 2-6-113 makes such a will valid as a holographic will whether or not anyone witnessed it. The word is entirely, so typed or preprinted text on the page puts the will outside the section.

Can the witnesses to a Wyoming will appear by video?

Yes, since July 1, 2023. W.S. 2-6-112(b) lets witnesses appear in person or by audio-video communication technology, as long as they can see and hear the testator in real time, can judge the testator's competency, can securely sign the will electronically, and can tell that the testator is signing freely and voluntarily.

Can a witness to a Wyoming will also inherit under it?

Only with limits. Under W.S. 2-6-112(a), a subscribing witness takes nothing under the will unless two other disinterested and competent witnesses also signed. A witness who would inherit without a will can still receive that intestate portion, up to the value of the gift in the will. The will itself stays valid.

What must someone holding a Wyoming will do after the death?

Deliver it within 10 days. W.S. 2-6-119(a) says every custodian of a will, within ten days after learning the maker is dead, must deliver it to the clerk of the district court having jurisdiction of the estate or to the executor named in it. A custodian who fails to deliver it is responsible for all damages that failure causes anyone.

Sources:

Title: W.S. 2-6-101, Right to make and dispose; exception. Publisher: Wyoming Legislature, Wyoming Statutes Title 2. Publication Date: 2026-05-08. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-6-112, Will to be in writing; number and competency of witnesses; signature of testator; subscribing witness not to benefit; exception. Publisher: Wyoming Legislature, Wyoming Statutes Title 2. Publication Date: 2026-05-08. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-6-113, Holographic will. Publisher: Wyoming Legislature, Wyoming Statutes Title 2. Publication Date: 2026-05-08. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-6-114, Self-proving wills. Publisher: Wyoming Legislature, Wyoming Statutes Title 2. Publication Date: 2026-05-08. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-6-115, Who may witness. Publisher: Wyoming Legislature, Wyoming Statutes Title 2. Publication Date: 2026-05-08. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-6-116, Validity of execution. Publisher: Wyoming Legislature, Wyoming Statutes Title 2. Publication Date: 2026-05-08. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-6-117, Revocation by writing or by act. Publisher: Wyoming Legislature, Wyoming Statutes Title 2. Publication Date: 2026-05-08. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-6-119, Duty of custodian to deliver will; failure to comply; order to third persons. Publisher: Wyoming Legislature, Wyoming Statutes Title 2. Publication Date: 2026-05-08. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-6-120, Notification of executor; disposition where no petition filed. Publisher: Wyoming Legislature, Wyoming Statutes Title 2. Publication Date: 2026-05-08. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-6-121, Petition and procedure for filing of will without probate or administration. Publisher: Wyoming Legislature, Wyoming Statutes Title 2. Publication Date: 2026-05-08. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-6-122, Petition and procedure for filing and probate of will without administration. Publisher: Wyoming Legislature, Wyoming Statutes Title 2. Publication Date: 2026-05-08. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-6-123, Filing of will, with or without probate not to bar collection by affidavit. Publisher: Wyoming Legislature, Wyoming Statutes Title 2. Publication Date: 2026-05-08. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-6-124, Written statement referred to in will disposing of certain personal property. Publisher: Wyoming Legislature, Wyoming Statutes Title 2. Publication Date: 2026-05-08. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-6-125, Revocation of probate and nonprobate transfers by divorce or annulment; effect; revival; other changes excluded. Publisher: Wyoming Legislature, Wyoming Statutes Title 2. Publication Date: 2026-05-08. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-6-202, Failure of executor to petition; appointment of administrator. Publisher: Wyoming Legislature, Wyoming Statutes Title 2. Publication Date: 2026-05-08. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-6-204, Proof; self-proving will. Publisher: Wyoming Legislature, Wyoming Statutes Title 2. Publication Date: 2026-05-08. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-6-205, Proof; wills not self-proving. Publisher: Wyoming Legislature, Wyoming Statutes Title 2. Publication Date: 2026-05-08. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-6-206, Proof; holographic wills. Publisher: Wyoming Legislature, Wyoming Statutes Title 2. Publication Date: 2026-05-08. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 14-1-101, Age of majority; rights on emancipation. Publisher: Wyoming Legislature, Wyoming Statutes Title 14. Publication Date: 2026-05-08. URL: https://wyoleg.gov/statutes/compress/title14.pdf
Title: 2023 Senate File 99, Witnessing of wills-remote methods (Laws 2023, ch. 170, enrolled act). Publisher: Wyoming Legislature. Publication Date: Signed 2023-03-09, effective 2023-07-01. URL: https://wyoleg.gov/2023/Enroll/SF0099.pdf
Title: 2023 Senate File 100, Designation of spouses-revocation upon divorce or annulment (Laws 2023, ch. 140, enrolled act). Publisher: Wyoming Legislature. Publication Date: Signed 2023-03-02, effective 2023-07-01. URL: https://wyoleg.gov/2023/Enroll/SF0100.pdf

It is not legal advice.