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Wyoming Statewide Probate Guide

Settling an estate after losing someone is difficult, and Wyoming recently raised its small estate threshold to one of the highest in the country. This guide covers what’s consistent across the whole state. For your specific county’s District Court address and local filing details, see that county’s page.

Where Probate Happens

Wyoming probate is handled by the District Court in the county where the deceased lived. Wyoming has not adopted the Uniform Probate Code, maintaining its own probate statutes under Title 2 of the Wyoming Statutes.

Recent Change: The Threshold Doubled

Effective July 1, 2025 (2025 Enrolled Act 85, SF0104), Wyoming raised its small estate and summary distribution threshold from $200,000 to $400,000 – one of the highest thresholds in the entire country. Because probate law is applied as of the date of death, estates of people who died before July 1, 2025 are still governed by the older $200,000 cap. Many older articles and forms online still cite the outdated $200,000 figure – verify the applicable threshold based on the date of death, not the date you’re reading the guide.

Step 1: Does The Estate Qualify For A Simplified Process?

Wyoming offers two shortcuts, both keyed to the same $400,000 threshold (for deaths on or after 7/1/2025).

Small Estate Affidavit (Wyo. Stat. § 2-1-201)

  • The value of the entire estate located in Wyoming subject to administration (testate or intestate), less liens and encumbrances, must not exceed $400,000.
  • At least 30 days must have passed since the death.
  • No application for appointment of a personal representative can be pending.
  • Filed with the county clerk, who issues a certified copy back to the distributee(s) – this differs from states where the affidavit is never filed with any government office at all.
  • The certified affidavit is then presented directly to whoever holds the property (bank, etc.), along with a certified death certificate, to release the asset.
  • This process skips probate court entirely.

Summary Distribution / Summary Procedure (Wyo. Stat. § 2-1-205)

  • Covers the SAME $400,000 threshold but for the entire estate including real property and mineral interests (a distinctive Wyoming feature – real estate, including mineral interests, can be transferred this way, unlike many other states’ small-estate procedures).
  • Filed as an Application for Decree of Summary Distribution in Wyoming District Court, not earlier than 30 days after death.
  • Requires notice by publication (2 consecutive weeks).
  • There is no appointed administrator or personal representative under this procedure – the court issues a decree directly.
  • Assets with a beneficiary designation (life insurance, retirement accounts), assets held in trust, or assets passing by survivorship/TOD generally aren’t counted toward the $400,000 calculation.

STEP 2: FULL PROBATE ADMINISTRATION (for estates over the threshold)

  1. File a petition with the District Court in the relevant county.
  2. Notice by publication for 3 consecutive weeks is required (§ 2-7-201).
  3. Creditors have 3 months from first publication to file claims (§ 2-7-703) – a notably short window.
  4. Wyoming’s fees follow a statutory schedule for both executor and attorney compensation, calculated as a percentage of the gross estate (§ 2-7-804: roughly 10% of the first $1,000, 5% of the next $4,000, 3% of the next $15,000, and 2% of the remainder).
  5. Court filing fees run around $160, based on a combination of set and value-based components (§ 2-2-401).

Timeline

Small estate affidavits and summary distribution can move relatively quickly once the 30-day wait passes. Simple full-probate estates typically take 4-6 months; average estates 6-12 months; complex or disputed estates longer.

Taxes

Wyoming has no state estate tax, no state inheritance tax, and no state income tax – a triple absence that makes Wyoming one of the most tax-friendly states in the country for estate administration. Only the federal estate tax could apply, and only to very large estates (federal exemption $15 million per individual for 2026).

Where This Guide Fits

This page covers what’s consistent statewide. For your specific county’s District Court address, phone number, and local filing details, visit that county’s page.