How Do I File Taxes for a Deceased Person in Wyoming?
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.
Because Wyoming has no state income taxWyo. Stat. § 39-12-101; Wyo. Const. art. 15, § 18Verified Sep 20, 2026View source, the primary filing is the final federal income tax return (Form 1040) for income earned through the date of death. If the estate earns income during administration, a federal fiduciary return (Form 1041) may be required. No state income tax return is needed.
The final federal income tax return is due April 15 following year of death26 USC 6012(b)(1)Verified Sep 15, 2026. Wyoming has no state income tax return to file. An estate income tax return, where one is needed, is due the 15th day of the 4th month after the estate's tax year ends (April 15 for a calendar-year estate)26 USC 6012(a)(3)Verified Sep 15, 2026.
No state tax clearance certificate is required, but the probate court does apply a tax prerequisite before it will close an estateWyo. Stat. § 2-7-812 (Probate Code; payment of all taxes prerequisite to the final decree of distribution — the operative clearance provision, its receipt branch repealed by Laws 2017, ch. 125, § 2); Wyo. Stat. §§ 39-19-101 through 39-19-111 (Chapter 19, pick-up estate tax; on the books but $0 for deaths on or after Jan 1, 2005 because the federal state death tax credit it is pegged to was terminated by IRC § 2011(g)); Wyo. Stat. § 39-19-107(c)(ii) (tax-code mirror of the clearance gate); Wyo. Stat. § 39-12-101 and Wyo. Const. art. 15, § 18 (no state income tax)Verified Sep 10, 2026View source. Every tax obligation is still settled before the final distribution.
No. No Wyoming estate or inheritance tax is payable for a death today: the state keeps death-tax provisions on its books that are inoperative for current deathsNo 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 Wyoming never repealed its death tax: Wyo.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, so nothing is due. The tax filings after a death are the income tax returns (the final return and, where the estate earns income, the estate income tax return). Only the federal estate tax applies, and only to an estate above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
Yes. Estate size does not change the final income tax return: a final Form 1040 is filed whatever the estate is worth if the decedent had income. What a smaller estate avoids is the federal estate tax return (Form 706), due 9 months after date of death (6-month extension available)26 USC 6018; 26 USC 6075(a)Verified Sep 15, 2026 and required only above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
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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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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 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 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 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.
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.
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.