Settling an Estate in Wyoming
Reviewed by DocDraft Legal Team · Wyoming · Last updated August 27, 2026
Wyoming has no separate probate court. Wyoming Statutes 2-2-101 gives the district courts exclusive original jurisdiction over wills, letters testamentary and of administration, and the settlement of decedents' estates, and Title 2 refers to that court as the district court sitting in probate. What sets Wyoming apart is the reach of its summary route: the ceiling is $400,000, and unlike most states the procedure covers real property and mineral interests rather than stopping at bank accounts and personal effects. Creditors in a full administration have three months from the first publication of the notice of probate under Wyoming Statutes 2-7-201 and 2-7-703, and a creditor the personal representative could reasonably identify has to be mailed a copy of that notice. Wyoming imposes no state estate tax, no inheritance tax, and no state personal income tax, so the tax work in a Wyoming estate is federal only.
Find out where you stand in Wyoming
Where are you in settling the estate?
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Is probate required for every estate in Wyoming?
No. Property held in joint tenancy with right of survivorship, accounts with a payable on death beneficiary, life insurance and retirement plans with a living beneficiary, and assets titled in a trust all pass outside probate. Wyoming also offers two summary routes under Title 2, Chapter 1, Article 2 for estates worth $400,000 or less.
Which court handles probate in Wyoming?
Wyoming has no separate probate court. Under Wyoming Statutes 2-2-101 the district courts hold exclusive original jurisdiction over wills, letters, and the settlement of decedents' estates, and Title 2 refers to the district court sitting in probate. The file is opened with the clerk of district court in the decedent's county of residence.
What is the small estate limit in Wyoming, and does real property count?
The ceiling is $400,000 for the whole Wyoming estate less liens and encumbrances. Real property does qualify, but not through the plain affidavit in Wyoming Statutes 2-1-201, which reaches personal property. Real estate and mineral interests move under the summary procedure in 2-1-205, where the district court enters a recordable decree.
How long does settling an estate in Wyoming take?
A full administration runs about eight to fourteen months. Creditors have three months from the first publication of the notice under Wyoming Statutes 2-7-703, the inventory is due within 120 days of appointment, and the estate cannot close until claims are resolved. A summary distribution under 2-1-205 moves faster, since the objection period closes a month after first publication.
A $400,000 summary route that carries real property and mineral interests
Most states cap the small estate affidavit well below six figures and then carve real property out of it entirely, which is why a homeowner's estate almost always ends up in full administration. Wyoming does neither. Wyoming Statutes 2-1-205 authorizes a summary procedure for the distribution of personal or real property, expressly including mineral interests, where the entire estate including personal property does not exceed $400,000 less liens and encumbrances. That figure has been raised more than once, so any older reference to a lower Wyoming ceiling is out of date. The two routes are not interchangeable. The affidavit in Wyoming Statutes 2-1-201 is presented to a bank, transfer agent, or county clerk not earlier than thirty days after death and reaches debts owed to the decedent, tangible personal property, securities, and vehicle titles. It does not convey land. To move real property or minerals, a distributee files an application for a decree of summary distribution with the district court, sworn to and stating the same facts listed in 2-1-201(a)(i) through (v), with an attached sworn report of value that may rest on a broker's price opinion. Notice runs once a week for two consecutive weeks in a county newspaper, with mailed notice to the surviving spouse, the other distributees, and reasonably ascertainable creditors within ten days of first publication. Objections are due the later of twenty days after that mailing or thirty days after first publication, and if none is filed the court enters a decree that is recorded with the county clerk in each county where the property lies and stands as presumptive evidence of title. Where an estate is too large for that route, the personal representative takes letters from the district court and publishes the notice of probate under 2-7-201 once a week for three consecutive weeks. Claims must be filed in duplicate with the clerk of court within three months of first publication or are barred forever. Wyoming is not a community property state. A surviving spouse who is cut out by will may elect under 2-5-101 to take one-half of the property subject to the will if there are no surviving issue or if the spouse is a parent of all of them, and one-fourth if the spouse is not the parent of any surviving issue.
Relevant Laws
Wyoming Statutes 2-2-101 (Exclusive jurisdiction conferred on district courts)
Gives the district courts of Wyoming exclusive original jurisdiction over the probate and contest of wills, the granting of letters testamentary and of administration, and the settlement and distribution of decedents' estates. Wyoming has no separate probate or surrogate's court; Title 2 refers to the district court sitting in probate, whose subject matter jurisdiction is coextensive with its jurisdiction in any civil action.
Wyoming Statutes 2-1-201 and 2-1-205 (Distribution by affidavit and summary procedure)
Section 2-1-201 lets a distributee collect debts, tangible personal property, securities, and vehicle titles by affidavit no earlier than thirty days after death, where the entire Wyoming estate subject to administration less liens and encumbrances does not exceed $400,000. Section 2-1-205 applies the same $400,000 ceiling to personal or real property including mineral interests, through an application to the district court that ends in a recorded decree of summary distribution.
Wyoming Statutes 2-7-201, 2-7-205, and 2-7-703 (Notice to creditors and filing of claims)
In a full administration the personal representative publishes notice of admission to probate once a week for three consecutive weeks. All claims must be filed in duplicate with the clerk of court within three months of first publication or are barred forever. A creditor who was mailed notice has until the later of that date or thirty days after the mailing, and reasonably ascertainable creditors must be mailed a copy at least thirty days before the period ends.
Wyoming Statutes 2-4-101 (Rule of descent) and 2-5-101 (Elective share)
Wyoming intestacy and spousal rights are set entirely by state law. Section 2-4-101 gives a surviving spouse one-half where there are surviving children or their descendants, and the whole estate where there are none. Section 2-5-101 gives a spouse disinherited by will an elective share of one-half, or one-fourth if the spouse is not the parent of any surviving issue of the decedent.
Regional Variances
Wyoming probate track table
Personal property only, estate $400,000 or less
Affidavit under Wyoming Statutes 2-1-201, available thirty days after death. Filed with the county clerk, with certified copies presented to banks, transfer agents, and holders. Court: none, no personal representative is appointed and no letters issue. Creditor window: no published claim period runs, but the recipient stays answerable to a later appointed representative or anyone with a superior right under 2-1-202(c). Bond: none.
Real property or mineral interests, estate $400,000 or less
Summary procedure under Wyoming Statutes 2-1-205, available thirty days after death. Court: the district court where the application is filed, which enters a decree recorded with the county clerk in each county where the property lies. Creditor window: reasonably ascertainable creditors are mailed the application within ten days of first publication and objections close the later of twenty days after mailing or thirty days after first publication. Bond: none.
Estate above $400,000, or a contested or complex estate
Full administration in the district court under Title 2. Letters testamentary or of administration issue after the oath and bond. Creditor window: three months from first publication under 2-7-201 and 2-7-703. Inventory due within 120 days of appointment under 2-7-403, or 75 days from admission of the will where the elective share applies. Bond: required by 2-3-102 unless excused under 2-3-111.
Nonresident decedent owning Wyoming land or minerals
Venue lies under Wyoming Statutes 2-2-102 in the county where any part of the estate sits, and under 2-2-103 the district court where letters are first sought takes exclusive jurisdiction when the property spans counties. Because 2-1-205 reaches real property and minerals, a nonresident's Wyoming holdings within the $400,000 ceiling can often be cleared by summary decree instead of a full ancillary administration.
Wyoming deadlines and mechanics
Creditor claims in full administration
Three months from the date of first publication of the notice of probate, filed in duplicate with the clerk of the district court that issued the letters. The same three month period from first publication limits any action to set aside the probate of the will. Claims not exceeding $200 may be allowed by the personal representative without a filing, though the representative answers for the propriety of that at the final accounting.
Publication requirements differ by track
A full administration publishes the notice of probate once a week for three consecutive weeks under 2-7-201. A summary distribution publishes the notice of application once a week for two consecutive weeks under 2-1-205(d). Both require the newspaper to be one of general circulation in the county, and proof of publication is made by the publisher's affidavit.
Inventory and appraisal
Due within 120 days after appointment under 2-7-403, on the personal representative's oath and covering the homestead. Where the elective share statute applies, the inventory is due within 75 days of the will's admission. Failure to comply in good faith is punished as contempt, and any fine imposed is paid into the corpus of the estate rather than to the court.
Surviving spouse's election
Not a community property regime. After the inventory is filed and within three months of the will's admission, the court must advise the spouse of the right of election under 2-5-104. The petition is due under 2-5-105 within three months of admission or thirty days after being advised, whichever expires last. A spouse who does nothing takes under the will.
Suggested Compliance Checklist
Value the Wyoming estate against the $400,000 ceiling
Weeks 1-4 days after startingAdd up everything located in Wyoming that would be subject to administration, including land and mineral interests, then subtract liens and encumbrances. Exclude survivorship property, payable on death accounts, and trust assets. The result decides between the summary routes in Title 2, Chapter 1, Article 2 and a full administration in the district court, so get it right before filing anything.
Wait thirty days, then file the affidavit or the summary application
After 30 days from date of death days after startingNeither summary route opens until thirty days have elapsed since the death. If the estate is personal property only, prepare the Wyoming Statutes 2-1-201 affidavit, file it with the county clerk, and present certified copies to each holder. If real property or minerals are involved, prepare the 2-1-205 application with the sworn report of value attached.
Publish and mail the notice of probate on the correct schedule
Immediately after letters issue days after startingIn a full administration, publish the notice under Wyoming Statutes 2-7-201 once a week for three consecutive weeks in a county newspaper of general circulation. Mail a copy to the surviving spouse, heirs, and will beneficiaries within one week of first publication, and to every reasonably ascertainable creditor at least thirty days before the three month period expires.
File the inventory with the district court
Within 120 days of appointment days after startingReturn a true inventory on oath of all the decedent's estate that has come into the representative's possession or knowledge, including the homestead, within 120 days of appointment under Wyoming Statutes 2-7-403. Where the elective share statute applies the deadline shortens to 75 days from admission of the will. Late filing without good cause is contempt.
Hold distribution until the three month claim period closes
3 months after first publication days after startingDo not distribute before the period in Wyoming Statutes 2-7-703 runs. Allow or reject each filed claim, pay them in the order set by 2-7-702, and confirm that every reasonably ascertainable creditor received the mailed notice, because a creditor who did not is not barred and the representative may end up answering for the claim personally.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Value the Wyoming estate against the $400,000 ceiling | Add up everything located in Wyoming that would be subject to administration, including land and mineral interests, then subtract liens and encumbrances. Exclude survivorship property, payable on death accounts, and trust assets. The result decides between the summary routes in Title 2, Chapter 1, Article 2 and a full administration in the district court, so get it right before filing anything. | - | Weeks 1-4 |
| Wait thirty days, then file the affidavit or the summary application | Neither summary route opens until thirty days have elapsed since the death. If the estate is personal property only, prepare the Wyoming Statutes 2-1-201 affidavit, file it with the county clerk, and present certified copies to each holder. If real property or minerals are involved, prepare the 2-1-205 application with the sworn report of value attached. | small-estate-affidavit | After 30 days from date of death |
| Publish and mail the notice of probate on the correct schedule | In a full administration, publish the notice under Wyoming Statutes 2-7-201 once a week for three consecutive weeks in a county newspaper of general circulation. Mail a copy to the surviving spouse, heirs, and will beneficiaries within one week of first publication, and to every reasonably ascertainable creditor at least thirty days before the three month period expires. | - | Immediately after letters issue |
| File the inventory with the district court | Return a true inventory on oath of all the decedent's estate that has come into the representative's possession or knowledge, including the homestead, within 120 days of appointment under Wyoming Statutes 2-7-403. Where the elective share statute applies the deadline shortens to 75 days from admission of the will. Late filing without good cause is contempt. | asset-inventory | Within 120 days of appointment |
| Hold distribution until the three month claim period closes | Do not distribute before the period in Wyoming Statutes 2-7-703 runs. Allow or reject each filed claim, pay them in the order set by 2-7-702, and confirm that every reasonably ascertainable creditor received the mailed notice, because a creditor who did not is not barred and the representative may end up answering for the claim personally. | - | 3 months after first publication |
Frequently Asked Questions
Yes, and the exposure is real. Claims are barred only after the three month period in Wyoming Statutes 2-7-703 runs, and that section preserves two openings: a claimant entitled to equitable relief because of peculiar circumstances, and a reasonably ascertainable creditor who was never mailed the notice required by 2-7-205. A representative who skipped the mailing and distributed the estate can be left answering for the claim.
They are treated as real property. Wyoming Statutes 2-1-205 expressly covers mineral interests in the summary procedure, the application must fully describe them, and the attached sworn report of value must show the decedent's interests in Wyoming real property including minerals as of the date of death. The recorded decree is presumptive evidence of title, so a certified copy is filed with the county clerk in every county where a tract or mineral interest lies.
Wyoming Statutes 2-4-101 controls. If the decedent leaves a spouse and children or descendants of children, one-half descends to the surviving spouse and the residue to the children and their descendants. If there is a spouse and no child or descendant of a child, the entire estate vests in the spouse. Without a spouse or descendants, it passes to parents and siblings, then to grandparents, aunts, and uncles. Dower and curtesy are abolished.
Usually, but it is commonly waived. Wyoming Statutes 2-3-102 requires a bond running to the state before letters issue, in a penalty at least equal to the value of the personal property plus the probable annual rents and profits of the real property. Wyoming Statutes 2-3-111 excuses it when the will expressly so provides, when a statute so provides, or when the distributees waive it in writing, and the court can still require one later.
No. Wyoming imposes no state estate tax and no inheritance tax, and it has no state personal income tax, which also means no Wyoming fiduciary income tax return for the estate. The remaining obligations are federal: the decedent's final Form 1040, a Form 1041 for estate income above the filing threshold, and a federal estate tax return only for estates above the federal basic exclusion.
Other Wyoming guides
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