When Is Probate Required in Wyoming?
Answer a few questions to find out if an estate needs full probate, qualifies for simplified procedures, or can avoid probate entirely.
Frequently Asked Questions
Wyoming allows a Small Estate Affidavit for estates with personal property valued at $400,000 or less.Wyo. Stat. §§ 2-1-201 (small estate affidavit), 2-1-205 (summary distribution; 2 consecutive weeks publication), 2-2-401 (court filing fee $160 = $110 + $40 + $10), 2-3-102/2-3-111 (bond), 2-6-122 (probate of will without administration), 2-7-201 (notice by publication, 3 consecutive weeks for full probate), 2-7-703 (creditor nonclaim, 3 months from first publication), 2-7-803 (executor fees), 2-7-804 (attorney fees); SF0104 2025 Enrolled Act 85 (threshold increase to $400K, eff. 7/1/2025)Verified May 27, 2026 There is a 30-day waiting period after the date of death before this procedure can be used.
Real estate in Wyoming generally requires probate to transfer ownership unless it was held in a trust, owned jointly with right of survivorship, or had a transfer-on-death deed recorded (if available in the state). A revocable living trust outlines alternatives to probate for real estate.
In Wyoming, assets that typically avoid probate include: property in a living trust, accounts with named beneficiaries (retirement accounts, life insurance, POD bank accounts), jointly owned property with right of survivorship, and vehicles with transfer-on-death registration if available. The trust vs. will comparison outlines how a trust helps bypass probate.
In Wyoming, simple estates typically take 4-6 months. Average estates take 6-12 months. Complex estates with disputes or unusual assets can take 12-24 months or longer.Wyo. Stat. §§ 2-1-201 (small estate affidavit), 2-1-205 (summary distribution; 2 consecutive weeks publication), 2-2-401 (court filing fee $160 = $110 + $40 + $10), 2-3-102/2-3-111 (bond), 2-6-122 (probate of will without administration), 2-7-201 (notice by publication, 3 consecutive weeks for full probate), 2-7-703 (creditor nonclaim, 3 months from first publication), 2-7-803 (executor fees), 2-7-804 (attorney fees); SF0104 2025 Enrolled Act 85 (threshold increase to $400K, eff. 7/1/2025)Verified May 27, 2026 Estimate total costs with the Wyoming probate calculator.
Probate costs in Wyoming typically include attorney fees, executor fees, court filing fees, and publication costs. Total costs generally range from 3-8% of the estate value depending on complexity. Use the Wyoming probate cost calculator for a detailed estimate.
Estates that exceed the small estate limit but are valued under $400,000 may qualify for Summary Distribution in Wyoming.Wyo. Stat. §§ 2-1-201 (small estate affidavit), 2-1-205 (summary distribution; 2 consecutive weeks publication), 2-2-401 (court filing fee $160 = $110 + $40 + $10), 2-3-102/2-3-111 (bond), 2-6-122 (probate of will without administration), 2-7-201 (notice by publication, 3 consecutive weeks for full probate), 2-7-703 (creditor nonclaim, 3 months from first publication), 2-7-803 (executor fees), 2-7-804 (attorney fees); SF0104 2025 Enrolled Act 85 (threshold increase to $400K, eff. 7/1/2025)Verified May 27, 2026 This is a faster and less expensive alternative to full probate, with fewer court appearances and simplified reporting requirements.
The most common ways to avoid probate in Wyoming include creating a revocable living trust, adding beneficiary designations to accounts, titling property as joint tenants with right of survivorship, and using transfer-on-death deeds where available. The trust vs. will comparison compares the two approaches side by side.
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Wyoming Estate Planning Resources
In-depth guides covering Wyoming probate laws, trust requirements, and estate planning strategies.
