What Happens When an Estate Is Insolvent in Wyoming?
When an estate owes more than it holds, Wyoming pays the claims in 10W.S. § 2-7-701(a)Verified Sep 23, 2026View source classes in statutory order, beginning with court costs.
An estate is insolvent when the claims against it exceed the assets available to pay them. Wyoming then pays the claims in 10W.S. § 2-7-701(a)Verified Sep 23, 2026View source classes, in the order its statute sets; the classes at the end of the order are the ones left unpaid when the money runs out.
1. Court costs; 2. Other costs of administration; 3. Reasonable funeral and burial expenses; 4. Allowances to surviving spouse/minor children (W.S. 2-7-503, 2-7-504); 5. Debts and taxes having preference under federal law; 6. Medical and hospital expenses of the last illness; 7. Taxes having preference under Wyoming law; 8. Employee wages for labor in the 90 days preceding death; 9. Public assistance repayment claims; 10. All other claims allowedW.S. § 2-7-701(a)Verified Sep 23, 2026View source.
Wyoming pays them in proportion to their amountsW.S. § 2-7-702Verified Sep 23, 2026View source: each claim in the class receives the same share of what it is owed.
Wyoming's statutes state no rule on the executor's personal liability for the decedent's debts, paying a later class before an earlier class is paid in full or distributing property to heirs while claims are unpaid.
Yes. A person named in a will who has not yet been appointed can decline the appointment, and an insolvent estate is a common reason to. Wyoming's statute does not fix the form of the declination. The Renunciation of Executor for Wyoming prepares the writing or the state's official form.
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Learn moreForms for Settling an Estate in Wyoming
Free forms for settling an estate in Wyoming: probate petition, small estate affidavit, creditor notice and closing forms. Prepare each form for Wyoming.
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 Oct 19, 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 taxes. Run each tool for Wyoming.
How Much Can an Executor Charge?
Wyoming sets executor compensation by statute — about $10,350 on a $500,000 estate, roughly 2.1%Wyo. Stat. § 2-7-803 (10% of first $1K, 5% of next $4K, 3% of next $15K, 2% thereafter; extraordinary fees per § 2-7-803(b), payable only on court order per § 2-7-805)Verified Sep 9, 2026View source.
Can I Self-File Probate?
Wyoming has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not availableWyo. Stat. tit. 2 (no UPC informal probate; non-administration transfers via §§ 2-1-201, 2-1-205)Verified Sep 9, 2026View source.
How Do I Get Letters Testamentary?
In Wyoming, the Clerk of the district court issues Letters Testamentary or Letters of Administration once the District Court appoints the personal representative; every appointment goes through the courtWyo. Stat. tit. 2 (no UPC informal probate; non-administration transfers via §§ 2-1-201, 2-1-205)Verified Sep 9, 2026View source.
What Are the Creditor Claim Deadlines?
In Wyoming, creditors have 3 monthsWyo. Stat. § 2-7-703Verified Sep 9, 2026View source from first publication of the creditor notice to present claims; late claims are barred.
How Do I Claim a Deceased Person's Unclaimed Property?
In Wyoming, a deceased owner's unclaimed property is claimed from the Wyoming State Treasurer's Office, Unclaimed PropertyWyo. Stat. Title 34, Chapter 24 (Uniform Unclaimed Property Act); 34-24-125Verified Aug 24, 2026View source.
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Wyoming Estate Settlement Resources
In-depth guides covering Wyoming probate, estate administration, and settling an estate.