Wyoming offers a generous small-estate process for collecting personal property — and, as of a 2025 law change, for a broader summary distribution covering real estate too — which lets many families bypass formal probate entirely. Estates above the threshold generally still require a probate proceeding in district court. Wyoming has not adopted the Uniform Probate Code; it uses its own Wyoming Probate Code with statutory percentage compensation. This guide walks through every option.
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Does Wyoming Always Require Probate?
No. Assets that pass outside of probate include those held in a revocable living trust, accounts with payable-on-death or transfer-on-death designations, life insurance and retirement accounts with named beneficiaries, joint tenancy property with right of survivorship, and real estate transferred by a transfer-on-death deed (adopted 2013).
The Wyoming Small Estate Affidavit and Summary Distribution
Wyoming raised its small-estate threshold significantly in 2025. Under W.S. § 2-1-201, a successor can collect the decedent's personal property — bank accounts, vehicles, securities, wages, and similar assets — by affidavit, with no court filing required, once the value of that personal property is at or below the statutory cap. For deaths on or after July 1, 2025, that cap is $400,000 (raised from $200,000 by 2025 Wyoming Senate Enrolled Act 85). The affidavit can be used starting 30 days after death and is presented directly to the institution holding the asset.
For estates that include real estate, Wyoming also offers a Summary Distribution procedure under W.S. § 2-1-205: if the decedent's entire estate — personal property, real estate, and mineral interests combined, less liens — is $400,000 or less, the distributees can file an application for a decree of summary distribution with the district court starting 30 days after death, without opening a full probate. This is the procedure to use when real estate is involved, since the plain personal-property affidavit under § 2-1-201 does not transfer real estate on its own.
Estates that exceed $400,000, or that need court supervision for other reasons (contested wills, complex assets, disputes among heirs), generally require a full probate proceeding.
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See the full checklist →How to Open Probate in Wyoming
- File the will and a Petition for Probate with the district court in the county of domicile.
- The court holds a hearing (typically within a few weeks) and admits the will to probate.
- The court issues Letters Testamentary or Letters of Administration.
Wyoming Personal Representative Compensation
Wyoming sets personal representative compensation by statutory percentages on a graduated scale under W.S. § 2-7-803:
| Portion of Estate | Commission Rate |
|---|---|
| First $1,000 | 10% |
| Next $4,000 | 5% |
| Next $15,000 | 3% |
| Above $20,000 | 2% |
Example: On a $200,000 estate, the statutory commission is $100 + $200 + $450 + $3,600 = $4,350. On a $500,000 estate, it's $100 + $200 + $450 + $9,600 = $10,350.
Creditor Claims in Wyoming
The personal representative must publish a Notice to Creditors once a week for three consecutive weeks in a newspaper of general circulation in the county where probate is pending, under W.S. § 2-7-201. Creditors then have 3 months from the date of first publication to file their claims with the clerk of court — among the shorter creditor periods in the country. Claims not timely filed are generally barred. Direct notice to known creditors is also required.
Pro tip
Wyoming's combination of no estate tax, no inheritance tax, the newly expanded $400,000 small-estate threshold, and the 3-month creditor period keeps administration friction relatively low. For modest estates owned through joint tenancy, transfer-on-death deeds, or beneficiary designations, court probate may not be needed at all — and with the higher threshold, that's now true for a meaningfully larger share of Wyoming families than it was before July 2025.
Intestacy in Wyoming
If there is no will, Wyoming's intestacy statute, W.S. § 2-4-101, applies. If the deceased has a surviving spouse and children (or descendants of children), the spouse takes one-half of the estate and the descendants share the other half. If the deceased has a surviving spouse and no descendants, the spouse takes the entire estate.
Wyoming Has No State Estate or Inheritance Tax
Wyoming has neither a state estate tax nor an inheritance tax. Only the federal estate tax applies, and for 2026 its exemption is $15,000,000 per person ($30,000,000 for a married couple) — made permanent by 2025 federal legislation (the One Big Beautiful Bill Act), with future annual inflation adjustments. Combined with Wyoming's own tax advantages, the vast majority of Wyoming estates owe no estate or inheritance tax of any kind.
Spousal and Family Allowances
Wyoming provides several allowances paid before creditors: a homestead allowance, exempt personal property, and a family allowance for the surviving spouse and minor children during administration.
You're reading about probate in Wyoming. Here's what else is on the list.
- Locate the Will and legal documents
- Apply for death certificates (Multiple copies)
- Start the probate process (Contact Attorney)this guide
- Notify any additional creditors
- Prepare final accounting for probate
- Close the estate formally
- + 62 more tasks across all four phases
This article is for informational purposes only and does not constitute legal advice. Laws in Wyoming may change. Consult a licensed Wyoming attorney for guidance specific to your situation.