Wyoming's recorded instrument, affidavit affecting title, rests on the general recording statute for affidavits of facts affecting title to land. What a recorded affidavit does, in the statute's words: A recorded affidavit or a certified copy thereof is prima facie evidence of the facts therein stated insofar as the facts affect title to real estateWyo. Stat. § 34-11-101(a), (b)Verified Sep 24, 2026View source. It is evidence of the facts it states, not a deed; it does not itself transfer title, and a purchaser, lender or title company decides whether to rely on it.
Who may sign, in the statute's words: any person having knowledge of the facts and competent to testify concerning them in open courtWyo. Stat. § 34-11-101(a)Verified Sep 24, 2026View source. The statute names no witness requirementWyo. Stat. § 34-11-101 (scan)Verified Sep 24, 2026View source. Title companies commonly ask that the affiant be someone other than an heir, or that two people who know the family sign; the office relying on the affidavit sets what it will accept. It states: The facts stated, relating to matters which may affect the title to real estate (for an heirship use: death, relationship, family history, names, identity of parties, marital status); A description of the land, title to which may be affected by facts stated in the affidavit; The name of the person appearing by the record to be the owner of the land at the time of the recording of the affidavit; For subsequently discovered real property under W.S. 2-9-203, a copy of the judicial determination of the decedent's heirs or right of descentWyo. Stat. § 34-11-101(b), (c)Verified Sep 24, 2026View source.
In Wyoming, estates valued at $400,000Wyo. Stat. § 2-1-201Verified Sep 9, 2026View source or less use the Affidavit for Distribution of Personal PropertyWyo. Stat. § 2-1-201Verified Sep 9, 2026View source, 30 daysWyo. Stat. § 2-1-201Verified Sep 9, 2026View source after death, a court filing short of full probate. Real property counts toward the limitWyo. Stat. § 2-1-201Verified Sep 9, 2026View source. Wyoming sets the limit by the decedent's date of deathWyo. Stat. § 2-1-201Verified Sep 9, 2026View source; an earlier death may be measured against a lower figure. An estate over the limit does not qualify, and no affidavit is prepared for it.
30 daysWyo. Stat. § 2-1-201Verified Sep 9, 2026View source after the death. The affidavit states that the period has passed, so it cannot be signed earlier.
The state's intestacy statute sets the order: the surviving spouse and children first, then parents, siblings, and more distant relatives, with shares that differ by state. The Who Inherits Calculator applies your state's order and shows each person's share.