Where do I file a petition for probate in Wyoming?

With the district court of the county with jurisdiction over the estate. The clerk of the district court receives the will. A court commissioner may act in vacation. Probate of the will and appointment of the executor are one order.

Is there an official form for a Wyoming probate petition?

The filing is a petition for probate of will with a prayer for letters testamentary, or a petition for letters of administration if there is no will. If the court or its clerk provides a form, the court's form controls over any draft. The clerk's office can say what it requires.

Does a Wyoming executor named in a will have authority right away?

No. A named executor has no authority over estate assets until the court appoints them and letters issue. The executor must petition, and the court's order admitting the will includes the appointment. Until then, do not distribute property, pay heirs or sell assets.

Is there a deadline to probate a will in Wyoming?

A named executor who fails to petition within 30 days after knowing of the death and the nomination may be held to have renounced, and the court may appoint another administrator unless good cause is shown. A custodian must deliver the will within 10 days after learning of the death.

Who can serve as personal representative in Wyoming?

With a will, the person designated in the will has priority, then a beneficiary or a person the beneficiaries nominate, then a creditor or nominee, then another qualified person. With no will, the spouse comes first, then children, parents, siblings, grandchildren, next of kin and creditors. The court decides, and appointment is not guaranteed.

Can a nonresident serve as executor or administrator in Wyoming?

A nonresident can be named executor, but the court requires a Wyoming resident agent for service, and the authority is revoked if none is designated. A nonresident cannot be appointed administrator unless a Wyoming resident is appointed co-administrator.

Who must be notified when a Wyoming estate is opened?

Notice of the hearing on the will is not required unless good cause appears. After letters issue, the personal representative publishes notice weekly for 3 consecutive weeks and mails a copy first-class to the surviving spouse, all heirs and all will beneficiaries not later than 1 week after first publication. The clerk, personal representative or attorney also sends the order and will by certified mail to each beneficiary and heir.

How long do creditors have to file claims in Wyoming?

Within 3 months from the date of first publication of the notice. Creditors who are mailed notice have the later of 3 months after first publication or 30 days after mailing. The personal representative should not distribute estate property to heirs before the creditor claims period has run.

Does a Wyoming personal representative need a bond?

A bond is required unless the will expressly provides otherwise, a statute excuses it or the distributees waive it in writing. The bond needs two or more individual sureties or one corporate surety. The court may later require a bond even if one was waived.

Do I have to probate an estate in Wyoming?

Not necessarily. Property that passes by beneficiary designation, joint ownership with survivorship or a trust usually passes outside probate. Wyoming also offers filing a will without probate, probate of a will without administration and a small-estate route. See the small-estate-affidavit page for that route. An attorney can review which applies.

What if someone challenges the will or who should serve in Wyoming?

A will contest or an objection to who should serve is a separate proceeding from the petition. Any action to set aside probate must be brought within 3 months from first publication of the notice. Attorney review is available.

Wyoming Petition for Probate

In Wyoming the district court admits a will and appoints the executor in one order, and notice to heirs and creditors follows after letters issue.

Find out where you stand in Wyoming

Where are you in the probate process?

DocDraft provides document preparation, not legal advice.

Introduction

In Wyoming, the district court of the county handles probate, and the clerk of the district court receives the will. The filing is a petition for probate of will, which includes a prayer for letters testamentary (W.S. 2-6-201). When there is no will, the filing is a petition for letters of administration (W.S. 2-4-205). The order admitting a will to probate includes the appointment of an executor (W.S. 2-6-209), and notice of the hearing is not required unless good cause appears (W.S. 2-6-203(b)). If the court or its clerk provides a form, the court's form controls. A will custodian must deliver the will to the clerk or the named executor within 10 days after learning of the death. A named executor who does not petition within 30 days after knowing of the death and the nomination may be held to have renounced. Nobody has authority over estate assets until the court appoints them and letters issue. Notice to heirs and creditors comes after letters, by publication for 3 consecutive weeks. Not every estate needs probate. A will contest or a dispute over who should serve is a separate proceeding. Attorney review is available.

Key Things to Know

1
The district court of the county handles probate, and the clerk of the district court receives the will. The filing is a petition for probate of will, including a prayer for letters testamentary (W.S. 2-6-201), or a petition for letters of administration when there is no will (W.S. 2-4-205). If the court or its clerk provides a form, the court's form controls over any draft petition.
2
No one has authority over estate assets until the court appoints them and letters issue. A named executor must still petition and be appointed, and should not distribute property, pay heirs or sell assets before appointment or before the creditor claims period has run.
3
Probate of the will and appointment of the executor are one order (W.S. 2-6-209). The hearing may be held without notice unless good cause appears (W.S. 2-6-203). Appointment is not promised: the court applies priority and qualification rules.
4
A will custodian must deliver the will to the clerk of the district court or to the named executor within 10 days after receiving information that the maker is dead, and may be liable for damages (W.S. 2-6-119). If the executor and distributees do not act within 30 days after the clerk's notice, the clerk reports to the court (W.S. 2-6-120).
5
A named executor who fails to petition within 30 days after knowing of the death and the nomination may be held to have renounced, and the court may appoint another administrator unless good cause is shown (W.S. 2-6-202). Creditors may apply for letters only within 2 years of death (W.S. 2-4-211).
6
For a will, the person designated in the will has priority, then a beneficiary or a person nominated by beneficiaries (W.S. 2-6-208). With no will, the order starts with the spouse, then children, parents, siblings and other relatives (W.S. 2-4-201). A nonresident cannot be appointed administrator unless a Wyoming resident is appointed co-administrator. A nonresident executor must designate a Wyoming resident agent for service or the authority is revoked (W.S. 2-11-301).
7
After letters, the personal representative publishes notice weekly for 3 consecutive weeks and mails a copy to the surviving spouse, heirs and beneficiaries not later than 1 week after first publication. Creditors must file claims within 3 months from first publication. Known or reasonably ascertainable creditors are mailed notice and have the later of 3 months after first publication or 30 days after mailing (W.S. 2-7-703(a)). A bond is required unless the will, a statute or written waiver by the distributees excuses it (W.S. 2-3-102, 2-3-111). Not every estate needs probate: Wyoming has filing-only, probate-without-administration and small-estate routes, and DocDraft's small-estate-affidavit page covers the small-estate affidavit.

Key decisions before you file

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

Open the Petition for Probate guide

Customize your Petition for Probate Template with DocDraft

DISTRICT COURT, [JUDICIAL DISTRICT] JUDICIAL DISTRICT [COUNTY] COUNTY, WYOMING

IN THE ESTATE OF [DECEDENT FULL NAME], DECEASED

PROBATE NO. [CASE NUMBER, IF ASSIGNED]

[IF APPLICABLE: PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY] [IF APPLICABLE: PETITION FOR LETTERS OF ADMINISTRATION]

(Working draft. If the court or its clerk provides a form, the court's form controls.)

PETITIONER. [PETITIONER FULL NAME], residing at [PETITIONER ADDRESS], is the [RELATIONSHIP TO DECEDENT OR INTEREST IN THE ESTATE] and petitions this Court as follows.
DECEDENT AND JURISDICTION. [DECEDENT FULL NAME] died on [DATE OF DEATH] at [PLACE OF DEATH]. [IF APPLICABLE: At death the decedent was domiciled in COUNTY County, Wyoming.] [IF APPLICABLE: At death the decedent was not domiciled in Wyoming and left property in COUNTY County, Wyoming, described as DESCRIBE PROPERTY.] This Court has jurisdiction over the estate.
WILL. [IF APPLICABLE: The decedent left a will dated DATE OF WILL, the original of which is filed with this petition. IF APPLICABLE: Codicils dated DATES OF CODICILS are also filed. IF APPLICABLE: The will is self-proved.] [IF APPLICABLE: The decedent died without a will.]
HEIRS AND DEVISEES. The decedent's surviving spouse, heirs at law and devisees, so far as known, are: [NAME], [RELATIONSHIP], [ADDRESS], [GIFT UNDER THE WILL, IF APPLICABLE] [NAME], [RELATIONSHIP], [ADDRESS], [GIFT UNDER THE WILL, IF APPLICABLE]
ESTATE. The estimated value of the personal property is $[AMOUNT] and of the real property in Wyoming is $[AMOUNT].
PROPOSED PERSONAL REPRESENTATIVE. [IF APPLICABLE: EXECUTOR NAMED IN THE WILL] [IF APPLICABLE: ADMINISTRATOR ENTITLED UNDER WYOMING PRIORITY] The proposed personal representative is [NAME], residing at [ADDRESS], whose relationship to the decedent is [RELATIONSHIP]. [IF APPLICABLE: The named executor consents to act.] [IF APPLICABLE: The named executor renounces the right to letters.] [IF APPLICABLE: The proposed personal representative is not a Wyoming resident and designates AGENT NAME AND ADDRESS, a Wyoming resident, as agent for service.] [IF APPLICABLE: The proposed administrator is not a Wyoming resident, and WYOMING RESIDENT NAME is proposed as co-administrator.]
BOND. [IF APPLICABLE: The will expressly provides that no bond is required, and the petitioner asks that letters issue without bond.] [IF APPLICABLE: The distributees have waived bond in writing, and the waivers are filed with this petition.] [IF APPLICABLE: The petitioner will furnish a bond as the Court directs.]
RELIEF REQUESTED. The petitioner asks that the Court: a. [IF APPLICABLE: admit the will of the decedent to probate, appoint NAME as executor and issue letters testamentary;] [IF APPLICABLE: if there is no will, appoint NAME as administrator and issue letters of administration;] b. set bond as stated above; and c. grant other relief the Court finds proper.

After letters issue, the personal representative will publish notice of appointment and notice to creditors and mail notice to the surviving spouse, heirs and devisees as Wyoming law requires.

I declare that the statements in this petition are true to the best of my knowledge.

Dated: [DATE]

[PETITIONER SIGNATURE] [PETITIONER PRINTED NAME] [ADDRESS, TELEPHONE AND EMAIL]

[IF APPLICABLE: Attorney for petitioner: ATTORNEY NAME, BAR NUMBER, ADDRESS]

Wyoming Requirements for Petition for Probate

District Court Handles Probate
The district court of the county has jurisdiction, and the clerk of the district court receives the will. A court commissioner may act in vacation. If the court or its clerk provides a form, the court's form controls.
Petition for Probate and Letters
A petition for probate of a will must show the jurisdictional facts and whether the named executor consents to act or renounces (W.S. 2-6-201). It lists heirs and devisees. With no will, a petition for letters of administration is filed (W.S. 2-4-205).
One Order Admits Will and Appoints
An order admitting a will to probate includes the appointment of an executor (W.S. 2-6-209). The hearing may be held without notice unless good cause appears (W.S. 2-6-203). Nobody has authority until the court appoints them and letters issue.
Custodian Delivery and Executor Petition
A will custodian must deliver the will to the clerk or the named executor within 10 days after receiving information of the death (W.S. 2-6-119). A named executor who does not petition within 30 days after knowing of the death and the nomination may be held to have renounced (W.S. 2-6-202).
Priority and Nonresident Rules
Priority for a will is set by W.S. 2-6-208 and for intestacy by W.S. 2-4-201. A nonresident may not be appointed administrator unless a Wyoming resident is appointed co-administrator. A nonresident executor must designate a Wyoming resident agent for service (W.S. 2-11-301).
Notice After Letters
The personal representative publishes notice weekly for 3 consecutive weeks and mails a copy to the surviving spouse, heirs and beneficiaries not later than 1 week after first publication (W.S. 2-7-201, 2-7-205). The same publication starts a 3-month window to set aside probate.
Creditor Claims Period
Claims must be filed within 3 months from first publication of the notice (W.S. 2-7-703). Known or reasonably ascertainable creditors are mailed notice. Mailed-notice creditors have the later of 3 months after first publication or 30 days after mailing.
Bond Requirement and Waiver
A bond with two or more individual sureties or one corporate surety is required (W.S. 2-3-102). It is waived if the will expressly provides, by statute or if the distributees waive in writing, and the court may later require a bond (W.S. 2-3-111).

Find out where you stand in Wyoming

Introduction

Key Things to Know

Key decisions before you file

Customize your Petition for Probate Template with DocDraft

Wyoming Requirements for Petition for Probate

District Court Handles Probate

Petition for Probate and Letters

One Order Admits Will and Appoints

Custodian Delivery and Executor Petition

Priority and Nonresident Rules

Notice After Letters

Creditor Claims Period

Bond Requirement and Waiver

Frequently Asked Questions