Wyoming Last Will and Testament

Introduction

Key Things to Know

1. 1

   A last will and testament is a legal document that states who receives your property when you die and names the personal representative (executor) who will administer your estate. It can also name a guardian for minor children.

2. 2

   Wyoming requires two competent witnesses. Under Wyo. Stat. Ann. 2-6-112 a written will must be witnessed by two (2) competent witnesses and signed by the testator. If a witness is also a beneficiary, the state's purging rule voids any benefit above that witness's intestate share unless two other disinterested and competent witnesses also signed.

3. 3

   A self-proving affidavit is available and needs a notary. Wyo. Stat. Ann. 2-6-114 lets the testator and witnesses sign a sworn affidavit before a notary or other officer authorized to administer oaths, so the will can be admitted to probate without locating the witnesses to testify.

4. 4

   A handwritten (holographic) will is valid in Wyoming. Under Wyo. Stat. Ann. 2-6-113 a will entirely in the testator's handwriting and signed by the testator is valid whether or not it is witnessed.

5. 5

   The will itself needs witnesses, not a notary. Wyoming's execution rule (Wyo. Stat. Ann. 2-6-112) calls for two witnesses and the testator's signature; a notary is only needed if you add the optional self-proving affidavit.

6. 6

   You must be 18 and of sound mind. Wyo. Stat. Ann. 2-6-101 lets a person of legal age (18 under Wyoming's age of majority) and sound mind make a will disposing of property, subject to debts and the rights of a surviving spouse and children.

7. 7

   You can revoke a will by a new will or a physical act. Wyo. Stat. Ann. 2-6-117 lets you revoke a will, or part of it, with a later will that expressly or inconsistently revokes it, or by burning, tearing, cancelling, obliterating, or destroying it with intent to revoke. Divorce or annulment also revokes provisions favoring a former spouse under Wyo. Stat. Ann. 2-6-125.

Wyoming Requirements for Last Will and Testament

• Two Competent Witnesses Required

  A written Wyoming will must be witnessed by two (2) competent witnesses and signed by the testator, or by another person in the testator's presence and by the testator's express direction, under Wyo. Stat. Ann. 2-6-112. Witnesses may appear in person or by secure audio-video technology if they can see and hear the testator in real time.

• Avoid Naming a Beneficiary as a Witness

  Wyoming applies a purging rule: a subscribing witness who is also a beneficiary cannot take any benefit above what they would have received without a will, unless two other disinterested and competent witnesses also signed the will (Wyo. Stat. Ann. 2-6-112). Choose witnesses who are not beneficiaries to avoid this.

• Self-Proving Affidavit Needs a Notary

  Wyoming lets you make a will self-proving with an affidavit signed by the testator and witnesses before a notary public or other officer authorized to administer oaths, under Wyo. Stat. Ann. 2-6-114. This is optional and speeds up probate by avoiding the need to locate witnesses to testify.

• Holographic (Handwritten) Wills Are Valid

  A will entirely in the testator's own handwriting and signed by the testator is valid in Wyoming whether or not it is witnessed, under Wyo. Stat. Ann. 2-6-113. A typed or partly typed document does not qualify and instead needs two witnesses under Section 2-6-112.

• No Notary Needed for the Will Itself

  Wyoming's execution rule requires two witnesses and the testator's signature, not a notary acknowledgment, under Wyo. Stat. Ann. 2-6-112. A notary is involved only if you choose to add the optional self-proving affidavit under Section 2-6-114.

• Minimum Age and Sound Mind Required

  A testator must be of legal age (18 in Wyoming) and of sound mind to make a will under Wyo. Stat. Ann. 2-6-101. A will cannot dispose of property in a way that defeats the statutory rights of a surviving spouse and children.

• Revoke by a New Will or a Physical Act

  Under Wyo. Stat. Ann. 2-6-117 a Wyoming will, or part of it, is revoked by a subsequent will that expressly or inconsistently revokes it, or by burning, tearing, cancelling, obliterating, or destroying it with the intent and purpose of revoking it.

• Divorce Revokes Gifts to a Former Spouse

  Divorce or annulment automatically revokes revocable dispositions, appointments, and nominations in a Wyoming will in favor of a former spouse and the former spouse's relatives, under Wyo. Stat. Ann. 2-6-125.