Small estate affidavit in Wyoming: who can use it and how

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.

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.

Distribution by affidavit (W.S. 2-1-201)

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	$400,000
On or before June 30, 2025	$200,000

The 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

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

Questions about small estates in Wyoming

How long must I wait to use the affidavit 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.

What does the affidavit cost in Wyoming?

The county clerk charges for filing and certified copies; ask the clerk.

Am I responsible for debts if I use the affidavit in Wyoming?

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.

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.