What Do I Do When Someone Dies in Wyoming?

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.

Certified copies come from the Wyoming Department of Health - Vital Records ServicesWyoming Department of Health - Vital Records ServicesVerified Oct 15, 2026View source; the funeral home usually places the first order. The first certified copy costs $25Wyoming Department of Health - Vital Records ServicesVerified Oct 15, 2026View source and each additional copy ordered with it $20Wyoming Department of Health - Vital Records ServicesVerified Oct 15, 2026View source. Banks, insurers, government agencies and retirement plans each want a certified copy, so the first order is for several. The Wyoming death certificate guide carries the ordering details.

Wyoming sets an order for who controls the disposition of remains: surviving spouse, then adult child of the decedent, then either parent of the decedentWyo. Stat. 2-17-101Verified Oct 17, 2026View source. The state allows you to name your own agent in advanceWyo. Stat. 2-17-101(a)Verified Oct 17, 2026View source, and a written designation outranks the default order. The Wyoming burial and cremation law guide carries the rest of the rules.

Only for what the decedent owned alone with no beneficiary named. Assets in a living trust, accounts with a named beneficiary and property owned jointly with right of survivorship pass outside probate. For the rest, Wyoming allows estates valued at $400,000Wyo. Stat. § 2-1-201Verified Sep 9, 2026View source or less to use the Affidavit for Distribution of Personal PropertyWyo. Stat. § 2-1-201Verified Sep 9, 2026View source, which avoids full probate administration. In Wyoming the affidavit is filed with the Office of the County Clerk, and holders honor the court's certified copy — but no letters testamentary or of administration issue. The waiting period is 30 daysWyo. Stat. § 2-1-201Verified Sep 9, 2026View source after death.

The opening petition is prepared to statute and filed with the District CourtWyo. Stat. Ann. §§ 2-2-101 (jurisdiction), 2-6-201 (petition to probate will), 2-4-205 (petition for letters of administration), 2-3-101 to 2-3-111 (oath & bond)Verified Aug 24, 2026View source. Clerk of the district court issues Letters Testamentary or Letters of Administration after the court grants the petition. The Wyoming Letters Testamentary guide carries the documents, the bond and the self-filing rules.

A simple estate in Wyoming typically settles in 4 months to 6 months, and an average estate in 6 months to 12 months. The creditor claim period of 3 monthsWyo. Stat. § 2-7-703Verified Sep 9, 2026View source is the floor: final distribution waits for it to run. Assets in a living trust settle privately, without the court's timeline.

Forms 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.

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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.

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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.

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Digital Assets Recovery Letter

Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.

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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.

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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.

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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.

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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.

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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.

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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 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.

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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.

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What Happens to Jointly Owned Property 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”.

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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.

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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.

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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.

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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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Hire a Wyoming Probate Attorney

Browse 43 probate firms in Wyoming with addresses, contact info, and practice details.

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Wyoming Estate Settlement Resources

In-depth guides covering Wyoming probate, estate administration, and settling an estate.