How Do I Settle an Estate in Wyoming?
Settling an estate in Wyoming: the personal representative files the estate inventory within 120 daysW.S. §§ 2-7-403, 2-7-404, 2-7-410Verified Sep 15, 2026View source of appointment; creditors have 3 monthsW.S. §§ 2-7-201, 2-7-205, 2-7-701, 2-7-702, 2-7-703, 2-7-704Verified Sep 15, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
Settling an estate in Wyoming means gathering the assets, notifying creditors, paying debts and taxes, and distributing what remains to the beneficiaries. Assets in a living trust settle privately without the court. An estate that needs probate takes 6 months to 12 months on average, and the creditor claim period of 3 monthsWyo. Stat. § 2-7-703Verified Sep 9, 2026View source is the floor. In a probate case the inventory of estate assets is due within 120 daysW.S. §§ 2-7-403, 2-7-404, 2-7-410Verified Sep 15, 2026View source of appointment, and Wyoming requires a formal appraisalW.S. §§ 2-7-403, 2-7-404, 2-7-410Verified Sep 15, 2026View source.
Wyoming allows estates valued at $400,000Wyo. Stat. § 2-1-201Verified Sep 9, 2026View source or less to use the Affidavit for Distribution of Personal PropertyWyo. Stat. § 2-1-201Verified Sep 9, 2026View source, which avoids full probate administration. In Wyoming the affidavit is filed with the Office of the County Clerk, and holders honor the court's certified copy — but no letters testamentary or of administration issue. The waiting period is 30 daysWyo. Stat. § 2-1-201Verified Sep 9, 2026View source after death.
The creditor claim period of 3 monthsW.S. §§ 2-7-201, 2-7-205, 2-7-701, 2-7-702, 2-7-703, 2-7-704Verified Sep 15, 2026View source runs from the first publication of the creditor notice, which follows the executor's appointment. The executor must publish notice in a local newspaperW.S. §§ 2-7-201, 2-7-205, 2-7-701, 2-7-702, 2-7-703, 2-7-704Verified Sep 15, 2026View source for 3W.S. §§ 2-7-201, 2-7-205, 2-7-701, 2-7-702, 2-7-703, 2-7-704Verified Sep 15, 2026View source consecutive weeks and send direct notice to known creditorsW.S. §§ 2-7-201, 2-7-205, 2-7-701, 2-7-702, 2-7-703, 2-7-704Verified Sep 15, 2026View source. Final distribution waits until the period has run.
Wyoming requires a bond of the personal representative by defaultWyo. Stat. § 2-3-102Verified Sep 9, 2026View source. The requirement can often be excusedWyo. Stat. § 2-3-102Verified Sep 9, 2026View source, by a waiver in the will, agreement of the heirs, or court order. A corporate surety's premium runs about 0.5%Wyo. Stat. § 2-3-102Verified Sep 9, 2026View source of the bonded amount a year. The bond protects beneficiaries and creditors against mismanagement by the personal representative. The Wyoming executor fee calculator covers what the role itself can charge.
In Wyoming, a simple estate typically settles in 4 months to 6 months, and an average estate in 6 months to 12 months. An estate with a dispute, a tax issue or an unusual asset runs longer.
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Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
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Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
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Named as Executor
What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.
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Named as Trustee
Being named trustee means managing trust assets and carrying out the grantor's wishes. Your duties, timeline, compensation, and how to get started.
Learn moreForms for Settling an Estate in Wyoming
Free forms for settling an estate in Wyoming: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Notice to Creditors
In Wyoming, the notice to creditors is published for 3W.S. §§ 2-7-201, 2-7-205, 2-7-701, 2-7-702, 2-7-703, 2-7-704Verified Sep 15, 2026View source weeks in a local newspaper, and creditors have 3 monthsWyo. Stat. § 2-7-703Verified Sep 9, 2026View source from first publication to present claims.
Renunciation of Executor
In Wyoming, a person named as executor may renounce the right to serveW.S. 2-6-201(a)(ii)Verified Sep 23, 2026View source before anyone is appointed.
Affidavit of Heirship
In Wyoming, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs areWyo. Stat. § 34-11-101; §§ 2-1-201, 2-9-102 to 2-9-103, 2-9-201 to 2-9-203Verified Sep 24, 2026View source; once recorded it is prima facie evidence of the facts stated.
Small Estate Affidavit
In Wyoming, the Affidavit for Distribution of Personal PropertyWyo. Stat. § 2-1-201Verified Sep 9, 2026View source covers estates valued at $400,000Wyo. Stat. § 2-1-201Verified Sep 9, 2026View source or less, 30 daysWyo. Stat. § 2-1-201Verified Sep 9, 2026View source after death, filed with the court.
Estate Inventory
In Wyoming, the personal representative files the estate inventory within 120 daysW.S. §§ 2-7-403, 2-7-404, 2-7-410Verified Sep 15, 2026View source of appointment.
Estate Closing
In Wyoming, the personal representative is discharged by court orderW.S. § 2-7-814Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Tools for Settling an Estate in Wyoming
Free tools for settling an estate in Wyoming: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In Wyoming, certified death certificates come from the Wyoming Department of Health - Vital Records ServicesWyoming Department of Health - Vital Records ServicesVerified Oct 15, 2026View source; the first copy costs $25Wyoming Department of Health - Vital Records ServicesVerified Oct 15, 2026View source, additional copies $20Wyoming Department of Health - Vital Records ServicesVerified Oct 15, 2026View source each.
Do I Need Probate?
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.
Do I Have to File Tax Returns for Someone Who Died?
Wyoming has no state income tax, so only the federal final Form 1040 is due for the decedentWyo. Stat. § 39-12-101; Wyo. Const. art. 15, § 18Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Do I Do When Someone Dies?
After a death in Wyoming, the estate either qualifies for the simplified procedure for estates under $400,000Wyo. Stat. § 2-1-201Verified Sep 9, 2026View source or goes through probate, where creditors have 3 monthsWyo. Stat. § 2-7-703Verified Sep 9, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
Wyoming levies no estate or inheritance taxNo state estate or inheritance tax is payable. Wyoming never repealed its death tax: Wyo. Stat. § 39-19-103(a) still imposes "a tax... on the transfer of property constituting the Wyoming gross estate of every decedent," but § 39-19-103(b) sets the amount at "the maximum state death tax credit allowed to a Wyoming estate as a credit against federal estate taxes under the laws of the United States." That federal credit (former IRC § 2011) was phased out by EGTRRA 2001 and terminated for deaths after Dec 31, 2004 (IRC § 2011(g)), so the Wyoming tax computes to $0 for every death on or after January 1, 2005. Despite the chapter caption "Inheritance Taxes," Chapter 19 is a pick-up estate tax — Wyoming has no relationship-class inheritance tax and no state gift or generation-skipping transfer tax.Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Wyoming imposes no inheritance or estate taxNo state estate or inheritance tax is payable. Wyoming never repealed its death tax: Wyo. Stat. § 39-19-103(a) still imposes "a tax... on the transfer of property constituting the Wyoming gross estate of every decedent," but § 39-19-103(b) sets the amount at "the maximum state death tax credit allowed to a Wyoming estate as a credit against federal estate taxes under the laws of the United States." That federal credit (former IRC § 2011) was phased out by EGTRRA 2001 and terminated for deaths after Dec 31, 2004 (IRC § 2011(g)), so the Wyoming tax computes to $0 for every death on or after January 1, 2005. Despite the chapter caption "Inheritance Taxes," Chapter 19 is a pick-up estate tax — Wyoming has no relationship-class inheritance tax and no state gift or generation-skipping transfer tax.Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Wyoming take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces no state capital gains taxWyo. Stat. § 39-12-101 (Title 39, ch. 12 — Income Tax; Preemption by state) — "The state of Wyoming does hereby preempt for itself the field of imposing and levying income taxes, earning taxes, or any other form of tax based on wages or other income and no county, city, town or other political subdivision shall have the right to impose, levy or collect such taxes."Verified Sep 15, 2026View source.
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Wyoming Estate Settlement Resources
In-depth guides covering Wyoming probate, estate administration, and settling an estate.