Settle a small estate in Wyoming without probate
In Wyoming this is called: Distribution by affidavit (small estate affidavit); summary procedure for distribution of personal or real property (decree of summary distribution). If the person's Wyoming estate that would go through probate, minus liens and encumbrances, is worth $400,000 or less, the heirs or will beneficiaries can file an affidavit with the county clerk after 30 days and use certified copies to collect personal property.
Up to $400,000 (deaths on or after July 1, 2025), 30 days after the death, no court filing.
Checked against official sources: October 30, 2026.
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Free tools
Small estate checker
Add up the estate and compare it with the Wyoming limit for the date of death.
Letter to a bank
Present your signed affidavit to a bank or other holder in Wyoming.
Balance request letter
Ask a bank or holder for the balance on the date of death.
What-to-gather checklist
Papers, steps, forms and fees for Wyoming, by procedure.
Car, bank, house in Wyoming
Car or other vehicle
The county clerk must transfer a vehicle's title from the person who died to the distributees when presented with the small estate affidavit (W.S. 2-1-201).
Bank accounts
A joint account payable to the survivor is paid under the account contract, and a payable-on-death account is paid to the named payee on proof of death.
House or land
An owner can sign a deed that expressly says it takes effect at the owner's death, naming a beneficiary. It must be signed and recorded with the county clerk where the property is before the owner dies.
Related pages
- Small estate affidavit in Wyoming
- Car title after a death in Wyoming
- Bank accounts after a death in Wyoming
- House without probate in Wyoming
- Small estate checker for Wyoming
- Letter to a bank in Wyoming
- Balance request letter for Wyoming
- What-to-gather checklist for Wyoming
- All about small estates in Wyoming
Distribution by affidavit (W.S. 2-1-201)
A sworn affidavit, filed with the county clerk, stating that the Wyoming probate estate is $400,000 or less. You give certified copies to banks, brokers and others holding the person's personal property, and they must pay or deliver it to you.
- Limit
Up to $400,000 (deaths on or after July 1, 2025) Counted after subtracting liens (what is owed on the property).
Date of death Limit On or after July 1, 2025$400,000On or before June 30, 2025$200,000The person's Wyoming estate subject to probate, minus liens and encumbrances, cannot be worth more than $400,000. The limit rose from $200,000 to $400,000 on July 1, 2025.
- What counts
The value of the person's entire estate located in Wyoming that would be subject to probate (with or without a will), minus liens and encumbrances. Property outside Wyoming and property that passes outside probate are not counted.
- Waiting period
At least 30 days must have passed since the death, and no application to appoint a personal representative can be pending or granted in Wyoming.
- Who can use it
The distributees (heirs, will beneficiaries, or people who inherit through them), or their attorney. The affidavit must state how each person is related to the person who died, the legal basis of their claim, and that there are no other distributees with a right to the property.
- Court or where to file
Filed with the county clerk (not a court). Certified copies are then given to the holders of the property.
- Notary
It is an affidavit, so it is sworn before a notary.
- Papers to attach
- Certified death certificate (holders and the county clerk usually ask for it)
- Facts showing each distributee's relationship to the person and the legal basis of the claim
- If a personal representative was applied for outside Wyoming: that person's name and address, the court and the dates
- Steps
- Add up the Wyoming probate property, minus liens, and confirm it is $400,000 or less.
- Wait until at least 30 days after the death.
- Prepare the affidavit with the statements W.S. 2-1-201(a) requires and sign it before a notary.
- File it with the county clerk and get certified copies.
- Give a certified copy to each bank, broker or other holder. For a vehicle, give it to the county clerk where the vehicle is registered.
- Fee
The county clerk charges for filing and certified copies; ask the clerk.
- Debts and responsibility
A person who receives property by affidavit is answerable and accountable to a personal representative appointed later and to anyone with an equal or better right to it.
- What the bank or holder must do
On a filed affidavit, a holder must pay or deliver property held in the person's sole name, with interest and dividends; a receipt is its release. The holder is discharged as if it dealt with a personal representative and need not check the affidavit. If it refuses, you can sue, and the court must award reasonable attorney's fees and costs if the property was not delivered within 45 days after the affidavit was presented, unless there was just cause (W.S. 2-1-202).
Law: Wyo. Stat. secs. 2-1-201, 2-1-202, 2-1-209
Source: Official page
Decree of summary distribution of personal or real property (W.S. 2-1-205)
An application to the district court for a decree that gives the heirs or beneficiaries title to Wyoming property, including real estate and mineral interests. Notice is published in a newspaper; if no one objects in time, the court enters the decree without a hearing, and you record it with the county clerk.
- Limit
Up to $400,000 (deaths on or after July 1, 2025) Counted after subtracting liens (what is owed on the property).
Date of death Limit On or after July 1, 2025$400,000On or before June 30, 2025$200,000The person's entire estate, including personal property, minus liens and encumbrances, cannot be worth more than $400,000. The limit rose from $200,000 to $400,000 on July 1, 2025.
- What counts
The person's entire estate, including personal property, minus liens and encumbrances.
- Waiting period
The application can be filed no earlier than 30 days after the death. Objections are due within 20 days after the mailed notice or 30 days after the first newspaper notice, whichever is later.
- Who can use it
Any person claiming to be a distributee (heir, will beneficiary or successor through them) signs and swears to the application.
- Court or where to file
District court of the county where the person lived; if the person did not live in Wyoming, a county where any part of the estate is. The decree is then recorded with the county clerk of each county where the real estate is.
- Notary
The application is sworn and signed by a distributee.
- Papers to attach
- A full description of any real estate and mineral interests claimed
- A sworn report of the date-of-death value of all Wyoming real estate and mineral interests, by someone with no interest in the estate (a broker's price opinion is allowed)
- The facts required for the affidavit (W.S. 2-1-201(a)(i)-(v))
- Publisher's affidavit of publication and a signed proof of mailing
- Steps
- Wait at least 30 days after the death.
- Get a sworn report of value for the Wyoming real estate and mineral interests.
- File the sworn application with the district court.
- Publish notice once a week for two weeks in a local newspaper, and within 10 days of the first publication mail the application to the spouse, the other distributees and known creditors. If the person had Medicaid, send a copy to the Department of Health within 10 days.
- File the proof of publication and proof of mailing with the clerk of court.
- If no timely objection is filed, the court enters the decree; if someone objects, the court holds a hearing.
- Record a certified copy of the decree with the county clerk in each county where the real estate is.
- Fee
The district court filing fee, newspaper publication costs and county recording fees apply; ask the clerk of district court.
- Debts and responsibility
A distributee who knowingly swears to a materially false statement can be prosecuted for perjury. A distributee harmed by a false application can sue to amend the decree and for damages within two years after the decree.
- What the bank or holder must do
Once recorded, the decree is presumptive evidence of title to the property.
Law: Wyo. Stat. secs. 2-1-205 to 2-1-209
Source: Official page
What counts toward the limit in Wyoming
Add up the date-of-death value of everything the person owned in Wyoming that would go through probate, with or without a will, and subtract liens and encumbrances. Do not count property outside Wyoming or property that passes outside probate.
Law: Wyo. Stat. sec. 2-1-201(a)(i)
In this state the total is counted after subtracting liens.
| Kind of property | How it is treated | Details |
|---|---|---|
Bank accounts in the person's name alone | Counts | Accounts in the person's sole name count. Law: W.S. 2-1-201(a)(i), (e) |
Joint or payable-on-death (POD) bank accounts | Left out | Joint accounts payable to the survivor and payable-on-death accounts are paid under the account contract and do not go through probate. Law: W.S. 2-1-203 |
Cars and other vehicles | Counts | Vehicles in the person's name count. The county clerk transfers the title on the affidavit. Law: W.S. 2-1-201(a)(i), (d) |
Boats and mobile or manufactured homes | Counts | Other personal property in Wyoming subject to probate counts. Law: W.S. 2-1-201(a)(i) |
Real estate in Wyoming | Counts | Wyoming real estate and mineral interests subject to probate count toward the limit. The affidavit does not transfer real estate; use the decree of summary distribution. Law: W.S. 2-1-201(a)(i), 2-1-205 |
Main home (primary residence) | Counts | The home counts as Wyoming real estate unless it passes outside probate (joint tenancy or a transfer on death deed). Law: W.S. 2-1-201(a)(i), 2-18-103 |
Real estate in another state | Left out | Only the estate 'located in Wyoming' counts for the affidavit. Law: W.S. 2-1-201(a)(i) |
Unpaid wages owed to the person | Counts | Money owed to the person is part of the probate estate and counts. Law: W.S. 2-1-201(a) |
Military pay owed to the person | Not clear | The law does not separately address military pay owed to the person. Law: W.S. 2-1-201 |
Life insurance or retirement money paid to a named person | Left out | Money paid directly to a named beneficiary is not subject to probate and is not counted. Law: W.S. 2-1-201(a)(i) ('subject to administration') |
Life insurance or retirement money paid to the estate | Counts | Insurance or retirement money payable to the estate is subject to probate and counts. Law: W.S. 2-1-201(a)(i) |
Property in a living trust | Left out | Property in a trust is not subject to probate and is not counted. Law: W.S. 2-1-201(a)(i) |
Property owned jointly with right of survivorship | Left out | Property held in joint tenancy with right of survivorship passes to the survivor and is not counted. Law: W.S. 2-1-201(a)(i), 31-2-104(j) |
Property going to a surviving spouse | Counts | Property subject to probate counts even if it goes to the surviving spouse. Property that passes to the spouse outside probate (joint tenancy, payable-on-death, beneficiary designation) is not counted. Law: W.S. 2-1-201(a)(i) |
Stocks, bonds and brokerage accounts | Counts | Stocks and bonds in the person's sole name count; the transfer agent must re-register them on the affidavit. Securities registered in transfer-on-death (beneficiary) form pass outside probate and are not counted. Law: W.S. 2-1-201(b); W.S. 2-16-101 et seq |
Furniture, jewelry and other belongings | Counts | Furniture, jewelry and other belongings in Wyoming count at their value. Law: W.S. 2-1-201(a)(i) |
Source: Official page
Car or vehicle title after a death in Wyoming
The county clerk must transfer a vehicle's title from the person who died to the distributees when presented with the small estate affidavit (W.S. 2-1-201). If the title shows joint tenancy with right of survivorship, the surviving owner applies for a new title with a certified death certificate, and no sales or use tax is due. If the owner recorded a transfer on death beneficiary designation form, the beneficiary presents it with a certified death certificate and the title application fee.
Law: Wyo. Stat. secs. 2-1-201(d), 31-2-104(j), 31-2-104.1
- Agency
- County clerk of the county where the vehicle is registered (Wyoming titles are issued by county clerks)
- Waiting period
- 30 days after the death
- Fee
The county clerk charges the certificate of title application fee (W.S. 31-3-102(a)(vii)).
- Transfer-on-death title
An owner can record a beneficiary designation form ('transfer on death to') with the county clerk where the vehicle is titled; it must be notarized. After the death, the beneficiary gets a new title on presenting the form, a certified death certificate and the title fee.
Source: Official page
Bank accounts after a death in Wyoming
A joint account payable to the survivor is paid under the account contract, and a payable-on-death account is paid to the named payee on proof of death. An account in the person's sole name must be paid, with interest, to the distributees who present a certified copy of the filed small estate affidavit; if the bank does not pay within 45 days without just cause and you sue, the court must award attorney's fees and costs.
Law: Wyo. Stat. secs. 2-1-201(e), 2-1-202, 2-1-203
Source: Official page
Transfer-on-death (TOD) and payable-on-death (POD) in Wyoming
- Real estate (TOD deed)
Yes · Transfer on death deed
An owner can sign a deed that expressly says it takes effect at the owner's death, naming a beneficiary. It must be signed and recorded with the county clerk where the property is before the owner dies. The owner can revoke it by recording a revocation. The beneficiary takes the property subject to mortgages and liens. The county clerk reports recorded TOD deeds to the Wyoming Department of Health.
Law: Wyo. Stat. secs. 2-18-103, 34-1-119(b)
- Vehicle title (TOD)
Yes
Law: Wyo. Stat. secs. 31-2-104.1, 2-18-103
- Bank account (POD)
Yes
Law: Wyo. Stat. sec. 2-1-203(d)
- Securities (TOD)
Yes
Law: Wyo. Stat. secs. 2-16-101 to 2-16-112 (Uniform TOD Security Registration Act)
Source: Official page
Surviving spouse in Wyoming
In a probate case, the court sets over to the surviving spouse (or, if none, the minor children) all property exempt from execution, including the homestead, as their own property, not subject to the person's debts except administration and funeral costs if nothing else is available; the homestead exemption is $30,000. The court can also allow money for family support. Wyoming has no separate spouse-only small estate procedure.
Debts of the person in Wyoming
People who receive property by affidavit must answer and account for it to a later personal representative and anyone with an equal or better right. Government creditors (the United States or Wyoming agencies) can themselves collect a small estate by affidavit after 90 days. Creditors must be mailed notice of a summary distribution application.
Medicaid estate recovery in Wyoming
Wyoming files a claim against the estate of a Medicaid client who was 55 or older, or in a nursing facility or other medical institution, when they got care, and against the estate of the surviving spouse after the spouse dies. In Wyoming the 'estate' is expanded: it includes property passed outside probate through joint tenancy, survivorship, life estate, living trust or other arrangement, and the brochure says payable-on-death and joint accounts too. No claim is filed if there is a child under 21 or a blind or permanently disabled child. The applicant for summary distribution must send the Department a copy within 10 days after first publication. The Department may file a lien on real estate. An undue hardship waiver is available, for example for a working farm or ranch.
Law: Wyo. Stat. secs. 42-4-206, 42-4-207, 2-1-205(e)
- Agency
- Wyoming Department of Health, Division of Healthcare Financing (Program Integrity Unit)
- Phone
- (307) 777-7531
- Official page
- Official page
Who inherits with no will in Wyoming
If there is no will and the person leaves a spouse and children (or descendants of children), the spouse gets one-half and the children share the other half. With a spouse and no children or descendants, the spouse gets everything. With no spouse, everything goes to the children and descendants of deceased children; if none, to the father, mother, brothers and sisters (and descendants of deceased brothers and sisters) in equal parts; then to more distant relatives.
Law: Wyo. Stat. sec. 2-4-101
Source: Official page
Death certificates in Wyoming
Generally only those listed on the record, immediate family members and their lawyers can get a certified copy. The first certified death certificate is $25 and each additional copy in the same order is $20.
Law: WDH Vital Statistics Services, Request for Certified Copy - Death (2024 form)
- Where to get it
- Wyoming Department of Health, Vital Statistics Services, Cheyenne, (307) 777-7591
- Official page
- Official page
Where to file in Wyoming
The small estate affidavit is filed with the county clerk; certified copies go to banks and other holders, and to the county clerk where any vehicle is registered. An application for a decree of summary distribution is filed with the district court in the county where the person lived (or, for a non-resident, a county where property is), and the decree is recorded with the county clerk where the real estate is.
Good to know in Wyoming
- Wyoming doubled its small estate limit from $200,000 to $400,000 effective July 1, 2025 (2025 Enrolled Act No. 85, SF0104).
- A bank or other holder that does not pay within 45 days after the affidavit is presented, without just cause, must pay your attorney's fees and costs if you sue (W.S. 2-1-202(b)).
- Wyoming's decree of summary distribution can transfer real estate and mineral interests without full probate, using newspaper notice (W.S. 2-1-205).
Changes in 2024–2026
2025 Wyo. Sess. Laws, Enrolled Act No. 85 (SF0104), effective July 1, 2025: limits for the small estate affidavit (2-1-201), government-creditor affidavit (2-1-204), summary distribution decree (2-1-205) and nonresident ancillary shortcuts (2-11-201, 2-11-202) raised from $200,000 to $400,000; new rule on non-qualified disclaimers (2-1-403(d)).
National rules that apply in every state
Federal estate tax
- For a person who died in 2026, a federal estate tax return (Form 706) is required only if the gross estate, plus certain lifetime taxable gifts, is more than $15,000,000.
- Most estates owe no federal estate tax and do not need to file a federal estate tax return.
Law: 26 U.S.C. 2010(c)(3) (as amended by Pub. L. 119-21)
The final income tax return
- Report all income up to the date of death and claim all eligible credits and deductions.
- Someone must file the final federal income tax return of a person who died, the same way it would have been filed if they were alive.
- To claim a refund due to the person who died, attach Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).
Law: Form 1310 instructions (Rev. December 2025)
Social Security
- Social Security retirement benefits are paid through the month before the month the person died.
- If the person had enough Social Security work credits (was fully or currently insured), a one-time death payment of $255 (or three times the person's basic benefit, if that is smaller) can be paid to a surviving spouse who lived with the person.
Law: 42 U.S.C. 402(a), 402(i)
Savings bonds
- If the person's savings bonds and other Treasury securities held directly with the Treasury are worth more than $100,000 at the date of death, the Treasury requires a court-administered estate.
Law: 31 CFR 353.71; FS Form 5336 (Rev. April 2026)
Debts
- Debts are generally paid from the money and property the person left (the estate).
- If the estate cannot pay a debt and no one else shared responsibility for it, the debt may go unpaid.
- You may have to pay if you co-signed the loan, were a joint account holder on a credit card (not just an authorized user), or state law makes a spouse responsible for certain debts, such as in community property states or states with laws on necessary costs like health care.
Law: 12 CFR 1006.6(a)(4)
A house with a mortgage
- For a home with fewer than five units, a lender may not call the whole loan due just because the home passes to a relative after the borrower's death, to a spouse or children who become owners, or to a surviving joint owner.
- Https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-mortgage-information-about-a-home-i-inherited-en-217/
- Https://www.consumerfinance.gov/ask-cfpb/i-recently-inherited-a-house-the-mortgage-lender-said-its-required-to-determine-my-ability-to-repay-before-it-will-let-me-take-over-the-mortgage-loan-is-this-true-en-1939/
Law: 12 U.S.C. 1701j-3(d)(3), (5), (6); 12 CFR 1024.30(d), 1024.31
FDIC insurance on bank accounts
- After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured.
Law: 12 CFR 330.3(j)
Medicaid estate recovery
- States must try to recover some Medicaid costs from the estate of a person who got benefits at age 55 or older: nursing facility services, home and community-based services, and related hospital and prescription drug services.
- The 'estate' includes at least the property in the person's probate estate under state law.
- Https://www.govinfo.gov/link/uscode/42/1396p?type=usc&year=mostrecent&link-type=html
Law: 42 U.S.C. 1396p(b)
Death certificates
- Certified copies of a death certificate come from the vital records office of the state where the death happened, not from the federal government.
Free help in Wyoming
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.
- Legal Aid of Wyoming
- Wyoming State Bar: Hire a lawyer
- Wyoming Judicial Branch: Legal help
- Wyoming Judicial Branch: Court Navigator
- LawHelp.org
- Legal Services Corporation (LSC) - Find legal aid
- Eldercare Locator · 1-800-677-1116
- Consumer Financial Protection Bureau (debt collection and mortgage complaints) · (855) 411-2372
More help on our sister sites
Questions about small estates in Wyoming
What is a small estate affidavit called in Wyoming?
In Wyoming this is called: Distribution by affidavit (small estate affidavit); summary procedure for distribution of personal or real property (decree of summary distribution). If the person's Wyoming estate that would go through probate, minus liens and encumbrances, is worth $400,000 or less, the heirs or will beneficiaries can file an affidavit with the county clerk after 30 days and use certified copies to collect personal property.
What is the small estate limit in Wyoming?
Up to $400,000 (deaths on or after July 1, 2025), 30 days after the death, no court filing.
How long do I wait in Wyoming?
At least 30 days must have passed since the death, and no application to appoint a personal representative can be pending or granted in Wyoming.
Do I have to go to court in Wyoming?
Filed with the county clerk (not a court). Certified copies are then given to the holders of the property.
How do I transfer a car after a death in Wyoming?
The county clerk must transfer a vehicle's title from the person who died to the distributees when presented with the small estate affidavit (W.S. 2-1-201). If the title shows joint tenancy with right of survivorship, the surviving owner applies for a new title with a certified death certificate, and no sales or use tax is due.
What happens to a bank account after a death in Wyoming?
A joint account payable to the survivor is paid under the account contract, and a payable-on-death account is paid to the named payee on proof of death. An account in the person's sole name must be paid, with interest, to the distributees who present a certified copy of the filed small estate affidavit; if the bank does not pay within 45 days without just cause and you sue, the court must award attorney's fees and costs.
Who inherits in Wyoming if there is no will?
If there is no will and the person leaves a spouse and children (or descendants of children), the spouse gets one-half and the children share the other half. With a spouse and no children or descendants, the spouse gets everything.
Do I owe the person's debts in Wyoming?
People who receive property by affidavit must answer and account for it to a later personal representative and anyone with an equal or better right. Government creditors (the United States or Wyoming agencies) can themselves collect a small estate by affidavit after 90 days.
- Wyoming Statutes Title 2 (Probate Code), official PDF
- 2025 SF0104, Enrolled Act No. 85
- Wyoming Legislature: 2025 SF0104
- Wyoming Statutes Title 31 (vehicles)
- Wyoming Statutes Title 42 (Medicaid)
- Wyoming Statutes Title 34 (recording; TOD deed reporting)
- WDH: Wyoming Medicaid's Estate Recovery Program brochure (March 2022)
- WDH Vital Statistics: death certificate request form (2024)