What Happens to Jointly Owned Property in Wyoming When an Owner Dies?
When a joint owner dies in Wyoming, what the survivor records is the “Affidavit of survivorshipWyo. Stat. 2-9-102Verified Oct 26, 2026View source”.
Wyoming names the “Affidavit of survivorshipWyo. Stat. 2-9-102Verified Oct 26, 2026View source”. When a joint tenant or tenant by the entirety dies, any person interested in the property may record an affidavit of survivorship with the county clerk, attaching a copy of the death certificate certified by the office that holds the original. Recording is optionalWyo. Stat. 2-9-102Verified Oct 26, 2026View source. The affidavit of death is prepared to the Wyoming statute's requirements.
Who may sign, in the statute's words: Any person interested in the affected property or the title theretoWyo. Stat. 2-9-102Verified Oct 26, 2026View source. The document is sworn before a notary public, who completes the juratWyo. Stat. 2-9-103; Wyo. Stat. 32-3-102(a)(xxxix)Verified Oct 26, 2026View source.
What the statute has it state: a description of the property; the instrument under which the estate was vested, with references to its recording data if it was recorded; a statement under oath of the death of the decedent as the party named in the vesting instrument whose death ended the decedent's estate in the property; the name of the person appearing by the record to be the owner of the land when the affidavit is recordedWyo. Stat. 2-9-102Verified Oct 26, 2026View source. Attached when recorded: death certificate (a copy of the official death certificate of the decedent, certified to by the public authority in which the original death certificate is a matter of record)Wyo. Stat. 2-9-102Verified Oct 26, 2026View source.
Wyoming owners hold with survivorship as joint tenants (a joint estate) or, for spouses, as tenants by the entirety. A deed naming the owners as husband and wife, spouses or similar creates a tenancy by the entirety unless the deed specifies another form of ownershipWyo. Stat. 2-9-102; Wyo. Stat. 2-9-103; Wyo. Stat. 34-11-101; Wyo. Stat. 34-1-140Verified Oct 26, 2026View source.
After the owner's death, an affidavit of the death that identifies the transfer on death deed is recorded with the county clerk together with a Department of Health certificate of clearance. Wyoming law makes these the only proof of the transferWyo. Stat. 2-18-103(n)Verified Oct 26, 2026View source.
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Free forms for settling an estate in Wyoming: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Affidavit of Death
In Wyoming, a surviving joint owner records the “Affidavit of survivorshipWyo. Stat. 2-9-102Verified Oct 26, 2026View source”; a transfer on death deed beneficiary records the “Affidavit to establish the death of the grantorWyo. Stat. 42-4-207(k)Verified Oct 26, 2026View source”, which the state makes a condition of the transferWyo. Stat. 2-18-103(n)Verified Oct 26, 2026View source.
IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
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 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.
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.
How Do I Settle an Estate?
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 Oct 19, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
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.
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