Wyoming Probate Guide
If you've just lost someone and are facing the Wyoming probate process — this guide walks you through what it costs, how long it takes, the exact filings Wyoming requires, and whether you can avoid formal probate entirely.
Typical Timeline
4–12 months
Uncontested formal probate
Small Estate Threshold
$400,000
Summary Distribution / Affidavit of Distribution
Court
District Court
Filing fee: $110–$160
Executor Commission
Statutory scale
~$20,150 on a $1M estate
Full probate is triggered when the estate exceeds $400,000 or has complex assets, debts, or disputes. Wyoming's summary distribution procedure (for estates ≤ $400,000, including real estate) provides a streamlined alternative that avoids formal administration entirely.
Wyoming full probate typically takes 4-12 months. Summary administration (estates under $400,000) usually closes in 2-4 months. The creditor claim period is 3 months from notice publication.
Wyoming's Summary Distribution / Affidavit of Distribution allows qualifying estates to skip formal probate.
| If the death occurred… | Small estate threshold |
|---|---|
| Current threshold for both Affidavit of Distribution and Summary Distribution (deaths on or after July 1, 2025) | $400,000 |
| Prior threshold (deaths before July 1, 2025) | $200,000 |
For deaths on or after July 1, 2025, Wyoming doubled both small estate thresholds to $400,000. Affidavit of Distribution (personal property) and Summary Distribution (entire estate including real property) are both available when the estate is $400,000 or less.
Under Wyo. Stat. § 2-7-803, the personal representative is entitled to a statutory commission: 10% on the first $1,000, 5% on the next $4,000, 3% on the next $15,000, and 2% on amounts over $20,000. The court can award additional fees for extraordinary services.
Example: An estate valued at $1,000,000 would yield an executor commission of approximately $20,150.
Attorney fees:
Under Wyo. Stat. § 2-7-804, the estate attorney is entitled to the SAME statutory schedule as the personal representative (10/5/3/2%). This makes Wyoming unusual in setting attorney fees by statute that match executor fees. Negotiated lower fees are permitted.
Multiple co-executors:
Co-personal representatives share a single statutory commission; the court allocates among them based on services rendered.
Statute: Wyo. Stat. § 2-7-803
Enter the estate's gross value to estimate statutory probate costs in Wyoming.
Executor commission
Statutory (Wyo. Stat. § 2-7-803)
$10,350
Attorney commission
Statutory — matches executor scale
$10,350
Court filing fee
Sliding scale $110–$160
$110+
Estimated statutory total
$20,810
Estimate only. Excludes extraordinary executor fees, bond premiums, appraisal fees, publication costs, accounting fees, and Wyoming-specific surcharges. Does not constitute legal or financial advice.
Bond is required by default but is routinely waived if the will excuses it or all heirs consent. The court can set bond at less than full estate value in appropriate cases.
Statute: Wyo. Stat. § 2-3-101
Wyoming has no state estate tax, no inheritance tax, and no state income tax — one of the most tax-friendly states in the country for estate planning. Only the federal estate tax applies, and for 2026 that exemption is $15 million per individual / $30 million per married couple under the One Big Beautiful Bill Act.
Under Wyo. Stat. § 2-5-101, the surviving spouse may elect against the will to take one-half (1/2) of the property subject to disposition if no surviving issue exist or if the surviving spouse is the parent of all surviving issue, or one-fourth (1/4) if the surviving spouse is not the parent of any surviving issue. Election must be made within 3 months after admission of the will to probate, or 30 days after being advised of the right.
Wyoming operates a Medicaid Estate Recovery program through the Department of Health. Recovery is sought from probate estates of recipients age 55+ who received long-term care, limited to the amount Medicaid paid. Recovery is deferred while a surviving spouse, minor, or disabled child lives in the home, and Wyoming is generally not aggressive about reaching non-probate assets.
The full Wyoming executor checklist has 24 milestones: 0 specific to Wyoming law (shown below — filings, forms, and court interactions tied to Wyoming statutes) and 24 universal duties that apply in every state (expandable at the end of the list). The same item never appears in both groups.
Obtain certified death certificates
Order at least 10-12 certified copies of the death certificate from the Wyoming Department of Health, Vital Statistics Services. These are required by the district court, financial institutions, insurance companies, and government agencies.
Locate and review the will
Search for the decedent's original will and any codicils. Wyoming follows its own probate statutes under Wyoming Statutes Title 2. Any person having custody of a will must deliver it to the district court in the county where the decedent resided. Wyoming does not have a state income tax, which simplifies tax obligations during administration.
Secure estate property and valuables
Immediately secure the decedent's residence by changing locks if necessary. Safeguard valuables such as jewelry, cash, important documents, firearms, and collectibles. If the home will be vacant, arrange for regular checks, maintain climate control, and notify the homeowner's insurance carrier of the vacancy. Secure vehicles, safe deposit boxes, and storage units. Document the condition of all property with photographs.
File petition for probate with the district court
File a Petition for Probate of Will and issuance of Letters Testamentary (or Letters of Administration for intestate estates) with the district court in the county where the decedent was domiciled. Wyoming offers standard probate and simplified procedures for small estates. Qualifying small estates may use a simplified affidavit procedure under Wyoming Statutes Section 2-1-205.
Receive Letters Testamentary or Letters of Administration
After the court admits the will and appoints the executor, Letters are issued. The executor must take an oath and post a bond unless waived by the will. Obtain multiple certified copies.
Notify the Social Security Administration
Report the death to the Social Security Administration at 1-800-772-1213 if the funeral home has not already done so. Benefits received after the date of death must be returned. Surviving spouses and dependent children may be eligible for survivor benefits.
Cancel services, subscriptions, and forward mail
Forward the decedent's mail through USPS to the executor's address or a secure location to capture bills, tax documents, and creditor correspondence. Cancel or transfer utilities (electric, gas, water, internet, phone), streaming services, gym memberships, magazine subscriptions, and other recurring payments. Notify the landlord if the decedent rented. Cancel the decedent's driver's license, voter registration, and passport to help prevent identity theft.
Publish notice to creditors
Publish a Notice to Creditors in a newspaper of general circulation in the county for three consecutive weeks, as required by Wyoming Statutes Section 2-7-201. Creditors have three months from the date of first publication to present their claims. Also mail notice to all known creditors.
Notify financial institutions
Send certified copies of the death certificate and Letters to all banks, brokerage firms, insurance companies, and retirement account custodians. Request date-of-death valuations. Wyoming estates may include ranch land, mineral rights, and livestock requiring specialized valuation.
Open an estate bank account
Obtain an EIN from the IRS via Form SS-4 and open a checking account in the name of the estate. All estate income and expense payments should flow through this account.
File IRS Form 56 (Notice of Fiduciary Relationship)
File IRS Form 56 to notify the IRS that you are acting as the fiduciary (executor or administrator) for the decedent's estate. This establishes your authority to receive the decedent's tax information, file returns on their behalf, and correspond with the IRS regarding estate matters. File this form promptly after receiving Letters.
Maintain insurance and pay ongoing estate expenses
Review and maintain all insurance policies on estate property, including homeowner's insurance, auto insurance, and any umbrella liability coverage. Lapsed coverage during administration can expose the estate to significant liability. Continue paying ongoing obligations from the estate bank account: mortgage or rent, property taxes, HOA fees, storage unit fees, and essential maintenance. Keep detailed records of all payments for the final accounting.
File inventory of estate assets
Prepare and file an inventory of all estate assets with the court within 60 days of appointment. The inventory must include all real and personal property, including ranch land, mineral rights, and water rights, with date-of-death fair market values. The court may appoint appraisers.
Handle digital assets and online accounts
Identify and secure the decedent's digital assets, including email accounts, social media profiles, cloud storage, cryptocurrency wallets, online banking, and digital subscriptions. Most states have adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which governs fiduciary access to digital accounts. Check the decedent's devices, password managers, and records for account credentials. Contact service providers to memorialize or close accounts as appropriate.
File claims against life insurance and benefits policies
File claims on all life insurance policies, accidental death policies, and any other insurance or death benefits payable to the estate or named beneficiaries. Provide certified death certificates and completed claim forms to each insurance carrier. Note that policies with named beneficiaries generally pass outside of probate directly to the beneficiary, but proceeds payable to the estate must be inventoried.
File final personal income tax return (Form 1040)
File the decedent's final federal income tax return (Form 1040) for January 1 through the date of death. Wyoming does not impose a state individual income tax, so no state income tax return is required. A surviving spouse may file jointly.
File estate income tax return (Form 1041) if applicable
If the estate earns more than $600 in gross income during administration, file federal Form 1041. Wyoming does not impose a state income tax on estates, so no state fiduciary return is required.
File estate tax return (Form 706) if applicable
If the gross estate exceeds the federal estate tax exemption, file federal Form 706 within nine months of death. Wyoming does not impose a separate state estate or inheritance tax. Form 706 may be filed for portability.
Review and pay valid creditor claims
Evaluate all claims filed within the three-month claims period. Pay valid claims from estate funds in the statutory order of priority: costs of administration, funeral expenses, debts with federal preference, taxes, and all other claims.
Distribute specific bequests
Distribute any specific gifts or bequests identified in the will, such as jewelry, heirlooms, specific dollar amounts, or particular assets to named beneficiaries. Obtain signed receipts from each beneficiary. Ensure adequate reserves are maintained for taxes, administration costs, and any pending creditor claims before making distributions.
Distribute residuary estate to beneficiaries
After all debts, taxes, expenses, and specific bequests have been satisfied, distribute the remaining estate assets to the residuary beneficiaries as directed by the will or Wyoming intestacy law (Wyoming Statutes Section 2-4-101). Wyoming provides the surviving spouse a homestead exemption and statutory share. Obtain signed receipts from all beneficiaries.
File final accounting with the court
File a final accounting with the district court detailing all receipts, disbursements, and distributions. The court will review and approve the accounting.
Obtain court decree and close the estate
After the court approves the final accounting, a Decree of Distribution is entered. The executor is discharged and the estate is closed. Close the estate bank account and retain financial records for at least five years.
Close the estate bank account
After all distributions are complete and the final accounting is approved, close the estate bank account. Ensure all outstanding checks have cleared and no further transactions are pending. Retain all financial records for at least seven years for tax and audit purposes.
If the decedent owned Wyoming real estate (including ranch land or mineral interests) but was domiciled elsewhere, ancillary probate is required in the District Court for the county where the property is located. An authenticated copy of the foreign will and probate order is required.
Full probate typically closes in 4-12 months. Summary administration (for estates of $400,000 or less) usually finishes in 2-4 months. The creditor claim period runs 3 months from publication.
District Court filing fee is roughly $160. Executor commission is statutory (10/5/3/2% per the tiered schedule). Attorney fees follow the same statutory schedule under Wyo. Stat. § 2-7-804, with negotiated lower fees permitted.
Wyoming raised the small estate threshold to $400,000 effective July 1, 2025. Both Affidavit of Distribution (personal property) and Summary Distribution (including real property) are available when the estate is $400,000 or less. A 30-day waiting period after death applies.
Wyoming does not legally require an attorney, but the statutory attorney fee schedule means counsel is often used for full probate at predictable cost. Summary distribution and small estate affidavits are commonly handled pro se with the District Court Clerk's help.
Yes. Wyoming is one of the best probate-avoidance states. Tools include revocable living trusts, joint tenancy with right of survivorship, Transfer on Death deeds (Wyo. Stat. § 2-18-101 et seq.), POD/TOD accounts, beneficiary designations, and Wyoming dynasty trusts for multigenerational planning.
Wyoming statute requires every custodian of a will to deliver it to the District Court Clerk (or named executor) within 10 days after learning of the testator's death — one of the shortest custodian deadlines in the country.
No. Wyoming has no state estate tax, no inheritance tax, and no state income tax — making it one of the most tax-friendly states for estate planning. Only the federal estate tax applies, and for 2026 the exemption is $15 million per individual / $30 million per married couple.
Yes. Wyoming has authorized TOD deeds under Wyo. Stat. § 2-18-101 et seq. A properly executed and recorded TOD deed lets real estate (including ranch land and mineral interests) pass outside probate to the named beneficiary.
This page is informational, not legal advice. Probate rules, thresholds, fees, and tax exemptions change. For your specific situation, consult a licensed Wyoming probate attorney.