Small estate checker for Wyoming

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	$400,000
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

1. Add up the Wyoming probate property, minus liens, and confirm it is $400,000 or less.
2. Wait until at least 30 days after the death.
3. Prepare the affidavit with the statements W.S. 2-1-201(a) requires and sign it before a notary.
4. File it with the county clerk and get certified copies.
5. 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

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

The 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

1. Wait at least 30 days after the death.
2. Get a sworn report of value for the Wyoming real estate and mineral interests.
3. File the sworn application with the district court.
4. 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.
5. File the proof of publication and proof of mailing with the clerk of court.
6. If no timely objection is filed, the court enters the decree; if someone objects, the court holds a hearing.
7. 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