A house or land without probate in Wyoming
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.
Checked against official sources: October 30, 2026.
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)
Source: Official page
Does real estate count toward the small estate limit?
| Kind of property | How it is treated | Details |
|---|---|---|
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 |
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.
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
Related pages
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