Wyoming Small Estate Affidavit
In Wyoming a distributee can use a small estate affidavit to collect a decedent's personal property when the estate is worth $400,000 or less, once 30 days have passed since death, and a court decree can distribute real property. Attorney review available.
Introduction
A small estate affidavit is a sworn statement that lets a person entitled to a decedent's property collect it without full probate, and Wyoming allows it up to one of the nation's highest limits: $400,000 of estate subject to administration, raised from $200,000 in 2025. Wyoming uses two related tools. Under Wyo. Stat. Section 2-1-201, a distributee presents an affidavit to whoever owes a debt to or holds the decedent's tangible personal property, and the holder pays or delivers it. Under Wyo. Stat. Section 2-1-205, a distributee may instead file an application for a decree of summary distribution with the court to distribute personal or real property, including mineral interests, with the decree serving as presumptive evidence of title. Both tools may be used only when the value of the entire Wyoming estate subject to administration, less liens and encumbrances, does not exceed $400,000. That limit was raised from $200,000 by the 2025 Wyoming Legislature (2025 Wyoming Session Laws, Enrolled Act No. 85, Senate File 104). Both the affidavit and the summary distribution application may be used or filed not earlier than 30 days after the decedent's death. DocDraft builds your Wyoming small estate affidavit from your facts, with attorney review available before you sign.
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Key Things to Know
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A small estate affidavit is a sworn statement that lets a person entitled to a decedent's property collect it without full probate, and in Wyoming the affiant is called a distributee (Wyo. Stat. Section 2-1-201).
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The affidavit and the summary distribution decree are available only when the value of the entire Wyoming estate subject to administration, less liens and encumbrances, does not exceed $400,000 (Wyo. Stat. Sections 2-1-201 and 2-1-205).
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The $400,000 limit was raised from $200,000 by the 2025 Wyoming Legislature (2025 Wyoming Session Laws, Enrolled Act No. 85, Senate File 104).
- 4
The affidavit or application may be used not earlier than 30 days after the decedent's death (Wyo. Stat. Sections 2-1-201 and 2-1-205).
- 5
Under Wyo. Stat. Section 2-1-201, a distributee presents the affidavit directly to whoever owes a debt to or holds the decedent's tangible personal property, and the holder pays or delivers it.
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Under Wyo. Stat. Section 2-1-205, a distributee may file an application for a decree of summary distribution of personal or real property, including mineral interests, and the decree is presumptive evidence of title.
- 7
The value counts the entire estate located in Wyoming subject to administration, reduced by liens and encumbrances, whether the decedent died with or without a will (Wyo. Stat. Section 2-1-201).
Key decisions before you file
Before you file a Small Estate Affidavit in Wyoming, a few decisions shape the document: which option to choose and what each one means. The Small Estate Affidavit guide walks through them.
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Wyoming Requirements for Small Estate Affidavit
30-Day Waiting Period
In Wyoming the affidavit for tangible personal property and the application for a decree of summary distribution may both be used not earlier than 30 days after the decedent's death (Wyo. Stat. Sections 2-1-201 and 2-1-205).
$400,000 Value Limit
The tools are available only when the value of the entire Wyoming estate subject to administration, less liens and encumbrances, does not exceed $400,000 (Wyo. Stat. Sections 2-1-201 and 2-1-205).
Limit Raised to $400,000 in 2025
The $400,000 limit was raised from $200,000 by the 2025 Wyoming Legislature (2025 Wyoming Session Laws, Enrolled Act No. 85, Senate File 104), which amended Wyo. Stat. Section 2-1-201 and related sections.
Affidavit for Tangible Personal Property
Under Wyo. Stat. Section 2-1-201 a distributee presents the affidavit directly to whoever owes a debt to or holds the decedent's tangible personal property, and the holder pays or delivers it.
Summary Distribution Decree for Real Property
Under Wyo. Stat. Section 2-1-205 a distributee may file an application for a decree of summary distribution of personal or real property, including mineral interests; the decree is presumptive evidence of title.
Affiant Is a Distributee
The affidavit is made by or on behalf of the person or persons claiming to be the distributee or distributees of the decedent's property, or their attorney (Wyo. Stat. Section 2-1-201).
Value Net of Liens and Encumbrances
The value counts the entire estate located in Wyoming subject to administration, reduced by liens and encumbrances, whether the decedent died testate or intestate (Wyo. Stat. Section 2-1-201).
Signed Under Oath
The affidavit is sworn, so the distributee is legally responsible for the truth of its statements, including the estate value and the 30-day waiting period (Wyo. Stat. Section 2-1-201). Do not sign if the facts are uncertain.
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