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Wyoming Last Will and Testament

Wyoming requires 2 witnesses for a written will and recognizes handwritten (holographic) wills. Make a free Wyoming will template. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property and names the person who will administer your estate after you die (called the personal representative in Wyoming); it can also name a guardian for minor children. In Wyoming a written will must be 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 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. A subscribing witness who is also a beneficiary is not barred outright, but under the state's purging rule that witness loses any benefit above the share they would have received without a will, unless two other disinterested and competent witnesses also signed. Wyoming recognizes a self-proving affidavit under Wyo. Stat. Ann. 2-6-114, a sworn statement signed before a notary or other officer authorized to administer oaths, which lets the will skip live witness testimony in probate; the will itself needs witnesses, not a notary. Wyoming also recognizes a holographic will entirely in the testator's own handwriting and signed by the testator, valid even without witnesses, under Wyo. Stat. Ann. 2-6-113. A testator must be of legal age (18 in Wyoming) and of sound mind under Wyo. Stat. Ann. 2-6-101.

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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.

Key decisions before you file

Before you file a Last Will and Testament in Wyoming, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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WYOMING LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [COUNTY] County, Wyoming, being of legal age and sound mind, declare this to be my Last Will and Testament and revoke all prior wills and codicils I have made. I make this will under Wyoming Statutes, Title 2, Chapter 6, and intend it to dispose of all property I own at death, subject to my debts and to the statutory rights of a surviving spouse and children.

  2. PERSONAL REPRESENTATIVE APPOINTMENT I appoint [PERSONAL REPRESENTATIVE NAME] of [CITY], Wyoming, as personal representative (executor) of my estate. If that person is unable or unwilling to serve, I appoint [SUCCESSOR NAME] as successor personal representative.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests here, naming each beneficiary and the item or amount given.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, of whatever kind and wherever located, to [RESIDUARY BENEFICIARY NAME]. If that beneficiary does not survive me, I give the residue to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION I sign this will on [DATE] in the presence of the two witnesses below, who sign at my request, in my presence, and in each other's presence. Wyo. Stat. Ann. 2-6-112 requires two competent witnesses. Do not name a beneficiary as a witness: the state's purging rule voids that witness's benefit above their intestate share unless two other disinterested and competent witnesses also sign. Under Wyo. Stat. Ann. 2-6-112(b) the witnesses may instead appear by secure audio-video communication technology if they can see and hear me sign in real time, and Wyo. Stat. Ann. 2-6-115 confirms that any person generally competent to be a witness may act as a witness to this will.

[TESTATOR NAME], Testator

WITNESSES _____________________________ Witness 1 signature, address: [ADDRESS] _____________________________ Witness 2 signature, address: [ADDRESS]

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Wyoming lets you make this will self-proving under Wyo. Stat. Ann. 2-6-114. The testator and both witnesses sign the following affidavit before a notary public or other officer authorized to administer oaths, which lets the will be admitted to probate without locating the witnesses to testify.

State of Wyoming, County of [COUNTY]. We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being first duly sworn, declare to the officer that the testator signed the will as a free and voluntary act, and that each witness signed at the testator's request, in the testator's presence, and in the presence of each other.

_____________________________ Testator _____________________________ Witness 1 _____________________________ Witness 2

Signed and sworn before me on [DATE].

Notary Public / Officer authorized to administer oaths

Note: This is a Wyoming skeleton, not the complete document. It is governed by Wyoming Statutes, Title 2, Chapter 6. A handwritten (holographic) will entirely in your own hand and signed by you is also valid in Wyoming without witnesses under Section 2-6-113, but a typed will like this one needs two witnesses. Do not name a beneficiary as a witness. Under Wyo. Stat. Ann. 2-6-116, a written will is also valid here if it complies with the law of the place where it is executed, or with the law of the testator's domicile, place of abode, or nationality at execution or at death. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Wyoming in about a minute, and notarize it online through DocDraft if it does.

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.

Does your Last Will and Testament need to be notarized in Wyoming?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

Wyoming requires two competent witnesses for a written will, under Wyo. Stat. Ann. 2-6-112. The witnesses must watch the testator sign (or acknowledge the will) and then sign themselves; remote witnessing by secure audio-video technology is allowed if the witnesses can see and hear the testator in real time. Avoid naming a beneficiary as a witness: the state's purging rule voids any benefit above that witness's intestate share unless two other disinterested and competent witnesses also signed.

No, the will itself does not need a notary. Wyoming requires two witnesses to sign the will, not a notary acknowledgment, under Wyo. Stat. Ann. 2-6-112. A notary comes in only if you add the optional self-proving affidavit under Wyo. Stat. Ann. 2-6-114, which is signed before a notary or other officer authorized to administer oaths and speeds up probate.

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

Put your wishes in writing, name a personal representative and your beneficiaries, and sign the will yourself or direct someone to sign in your presence. Have two competent witnesses watch you sign, or acknowledge the will, and sign it themselves, under Wyo. Stat. Ann. 2-6-112. You can add a self-proving affidavit before a notary under Section 2-6-114 to simplify probate.

A valid Wyoming will is in writing, signed by a testator who is at least 18 and of sound mind (Wyo. Stat. Ann. 2-6-101), and either witnessed by two competent witnesses (Section 2-6-112) or, if unwitnessed, entirely in the testator's handwriting and signed by the testator as a holographic will (Section 2-6-113).

A self-proving affidavit is a sworn statement the testator and witnesses sign before a notary or other officer authorized to administer oaths, under Wyo. Stat. Ann. 2-6-114. It lets a Wyoming probate court accept the will without tracking down the witnesses to testify that it was properly signed.

You must be of legal age, 18 in Wyoming, and of sound mind to make a will under Wyo. Stat. Ann. 2-6-101. The statute also protects a surviving spouse's and children's rights, so a will cannot dispose of everything if that would defeat those statutory protections.

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