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.
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).
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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).
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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.
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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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Once your Small Estate Affidavit 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 Small Estate Affidavit
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).
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).
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.
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.
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.
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).
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).
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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It is a sworn statement that lets a distributee collect a decedent's property without full probate. Under Wyo. Stat. Section 2-1-201 the distributee presents an affidavit to whoever owes a debt to or holds the decedent's tangible personal property, stating that the Wyoming estate subject to administration, less liens and encumbrances, does not exceed $400,000 and that at least 30 days have passed since the death. The holder then pays or delivers the property. For real property, Wyoming uses a court decree of summary distribution under Section 2-1-205.
Probate in Wyoming is a court-supervised administration with an appointed personal representative. The small estate tools are faster: under Wyo. Stat. Section 2-1-201 a distributee collects tangible personal property directly on an affidavit, and under Section 2-1-205 the court can enter a decree of summary distribution for personal or real property. Both are available only when the Wyoming estate subject to administration, less liens and encumbrances, does not exceed $400,000, so larger estates go through full probate.
The value of the entire estate located in Wyoming subject to administration, less liens and encumbrances, must not exceed $400,000 (Wyo. Stat. Sections 2-1-201 and 2-1-205). That limit was raised from $200,000 by the 2025 Wyoming Legislature. Because the figure is net of liens and encumbrances, secured debts reduce the amount that counts. If the estate is above $400,000, the affidavit and summary distribution are not available and probate is generally required in Wyoming.
The affidavit for tangible personal property under Wyo. Stat. Section 2-1-201 may be presented not earlier than 30 days after the decedent's death. The application for a decree of summary distribution under Section 2-1-205 may likewise be filed not earlier than 30 days after death. So 30 days is the key waiting period for both Wyoming small estate tools, whether the decedent died with or without a will.
Real property is handled through the summary distribution decree, not the plain affidavit. 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, when the estate does not exceed $400,000. The court's decree is presumptive evidence of title. The Section 2-1-201 affidavit itself is used for tangible personal property and debts presented to the holder, so a Wyoming estate with land uses the Section 2-1-205 decree.
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). A distributee is the person entitled to the property under the will or, if there is no will, under Wyoming intestacy rules. The same distributees may instead file the application for a decree of summary distribution under Section 2-1-205 when a court decree is needed.
Under Wyo. Stat. Section 2-1-205, a distributee files an application for a decree of summary distribution of property with the court not earlier than 30 days after death, and the process includes notice by publication. The court then enters a decree distributing the personal or real property, including mineral interests, to the distributees. That decree is presumptive evidence of title, which makes it useful for transferring Wyoming real estate that the Section 2-1-201 affidavit cannot reach on its own.
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). Wyoming law treats false statements in these filings seriously. Using the affidavit when the Wyoming estate subject to administration actually exceeds $400,000, or before 30 days have passed, can create liability. When the value is near the limit, it is worth confirming the right process in Wyoming before signing.