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.

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Frequently Asked Questions

Wyoming allows a Small Estate Affidavit for estates with personal property valued at $400,000 or less.Wyo. Stat. §§ 2-1-101 (short title "Wyoming Probate Code"), 2-1-201 (small estate affidavit, $400K, 30 days), 2-1-205 (summary distribution, $400K; 2 consecutive weeks publication), 2-2-401 (court filing fee $160 = $110 + $40 + $10, plus value-based fees), 2-3-102/2-3-111 (bond required/waivable), 2-6-122 (probate of will without administration), 2-7-201 (notice by publication, 3 consecutive weeks for full probate), 2-7-404 (appraisal by disinterested persons; no referee system), 2-7-703 (creditor nonclaim, 3 months from first publication), 2-7-801 (1-year completion policy), 2-7-803 (executor fees), 2-7-804 (attorney fees), 2-7-805 (fee allowance procedure); SF0104 2025 Enrolled Act 85 (threshold increase to $400K, eff. 7/1/2025); full Title 2 text from wyoleg.gov/statutes/compress/title02.pdfVerified Jul 15, 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. §§ 2-1-101 (short title "Wyoming Probate Code"), 2-1-201 (small estate affidavit, $400K, 30 days), 2-1-205 (summary distribution, $400K; 2 consecutive weeks publication), 2-2-401 (court filing fee $160 = $110 + $40 + $10, plus value-based fees), 2-3-102/2-3-111 (bond required/waivable), 2-6-122 (probate of will without administration), 2-7-201 (notice by publication, 3 consecutive weeks for full probate), 2-7-404 (appraisal by disinterested persons; no referee system), 2-7-703 (creditor nonclaim, 3 months from first publication), 2-7-801 (1-year completion policy), 2-7-803 (executor fees), 2-7-804 (attorney fees), 2-7-805 (fee allowance procedure); SF0104 2025 Enrolled Act 85 (threshold increase to $400K, eff. 7/1/2025); full Title 2 text from wyoleg.gov/statutes/compress/title02.pdfVerified Jul 15, 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. On a $500,000 estate, total costs run about $23,460 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. §§ 2-1-101 (short title "Wyoming Probate Code"), 2-1-201 (small estate affidavit, $400K, 30 days), 2-1-205 (summary distribution, $400K; 2 consecutive weeks publication), 2-2-401 (court filing fee $160 = $110 + $40 + $10, plus value-based fees), 2-3-102/2-3-111 (bond required/waivable), 2-6-122 (probate of will without administration), 2-7-201 (notice by publication, 3 consecutive weeks for full probate), 2-7-404 (appraisal by disinterested persons; no referee system), 2-7-703 (creditor nonclaim, 3 months from first publication), 2-7-801 (1-year completion policy), 2-7-803 (executor fees), 2-7-804 (attorney fees), 2-7-805 (fee allowance procedure); SF0104 2025 Enrolled Act 85 (threshold increase to $400K, eff. 7/1/2025); full Title 2 text from wyoleg.gov/statutes/compress/title02.pdfVerified Jul 15, 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.

Wyoming Estate Planning Resources

In-depth guides covering Wyoming probate laws, trust requirements, and estate planning strategies.