Wyoming Estate Planning Resources
In-depth guides covering Wyoming probate laws, trust requirements, and estate planning strategies.
In-depth guides covering Wyoming probate laws, trust requirements, and estate planning strategies.
Prepare the Wyoming small estate affidavit for estates up to $400,000, plus presentation letters for each holder. Wyo. Stat. §§ 2-1-201, 2-1-202.
Step 1 of 6
The Wyoming affidavit identifies the claiming successor and the basis of entitlement.
The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.
The successor signing the affidavit.
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Wyoming publishes Probate (print form); the affidavit this tool prepares is drafted to the same statutory requirements, per Wyo. Stat. § 2-1-201(a).
$400,000, per Wyo. Stat. §§ 2-1-201, 2-1-202. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.
30 days after the death (Wyo. Stat. §§ 2-1-201, 2-1-202). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.
The person or persons claiming to be the distributee or distributees of the property (or their attorney); the affidavit is made by or on behalf of the distributees. "Distributee" includes any successor in interest to the decedent as an heir, as a beneficiary, or through the intervening estates of the decedent's heirs, beneficiaries, successors, or assigns (§ 2-1-209). Wyo. Stat. §§ 2-1-201(a), 2-1-209.
Filed (recorded) with the county clerk; when the affidavit is filed with the county clerk and a CERTIFIED COPY is presented to a person with custody of the decedent's property or a holder of the decedent's property, the affidavit must be honored (§ 2-1-201(c)). The county clerk of the county where a vehicle is registered transfers the vehicle's title to the distributees on presentation of the affidavit (§ 2-1-201(d)); transfer agents change the registered ownership of securities on presentation (§ 2-1-201(b)).
The Wyoming affidavit is signed before a notary (Wyo. Stat. § 2-1-201(a) (affidavit); Wyoming Judicial Branch form PPP-02 jurat and penalty-of-perjury clause).
A custodian or holder paying, delivering, transferring, or issuing property pursuant to the affidavit is discharged and released to the same extent as if dealing with a personal representative, and need not see to the application of the property or inquire into the truth of any statement in the affidavit (§ 2-1-202(a)); a receipt for payment by the distributees constitutes a valid release and discharge (§ 2-1-201(e)). If a holder refuses, recovery may be compelled by action, and the court SHALL award reasonable attorney fees and costs to the plaintiff if the property was not paid or delivered within 45 days after presentation absent just cause (§ 2-1-202(b)). Recipients are answerable and accountable to a personal representative of the estate or any person with a like or superior right (§ 2-1-202(c)).
The § 2-1-201 affidavit reaches indebtedness, tangible personal property, and instruments evidencing rights — not real property. Real property, including mineral interests, passes through the § 2-1-205 decree of summary distribution: a sworn application by the distributees filed in district court (same $400,000 entire-estate cap, stating the § 2-1-201(a)(i)-(v) facts, with a sworn third-party report of value for Wyoming real property), notice published once a week for two consecutive weeks plus mailed notice to the surviving spouse, distributees, and reasonably ascertainable creditors, and a decree recorded with the county clerk of each county where the real property lies as presumptive evidence of title (§§ 2-1-205, 2-1-206, 2-1-208). Wyo. Stat. §§ 2-1-201(a), 2-1-205.
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