Wyoming Probate Information

Wyoming probate turns on questions the family should answer before opening a court file: whether there is a will and who will serve, whether the estate holds real estate or mineral interests, and how large the estate is. The path depends on the size and makeup of the estate. Both small-estate routes are available only where the entire estate, less liens and encumbrances, does not exceed $400,000, effective July 1, 2025 (W.S. 2-1-205 and W.S. 2-1-201), and 30 days have passed since death, so confirming the estate's value and what it holds often decides the whole approach. The affidavit route (W.S. 2-1-201) reaches personal property only; only the summary-distribution decree (W.S. 2-1-205) can pass real property and mineral interests, which matters in a state where mineral interests are common.

Property held jointly with rights of survivorship, payable-on-death and transfer-on-death accounts, life insurance and retirement accounts with named beneficiaries, and trust property all pass outside probate. Before filing anything with the Clerk of the District Court, identify every asset and debt and confirm how each asset is titled and valued, because the estate value decides whether a small-estate route fits, whether real property or minerals are involved, and what inventory fee applies under W.S. 2-2-401. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.

Wyoming probate runs through the District Court, the state's general-jurisdiction trial court. Wyoming has no separate probate court, no surrogate, and no register of wills; the district courts hold exclusive original jurisdiction over the probate and contest of wills, the granting of letters testamentary and of administration, and the settlement and distribution of decedents' estates (W.S. 2-2-101). When Title 2 says "the court," it means the district court sitting in probate. The judicial officer is a district judge, and the filing office is the Clerk of the District Court, an elected county officer. The 23 counties are grouped into 9 judicial districts for administration, but a probate is filed in the decedent's own county, in that county's district court, not "in the district." This knowledge base has a separate page for each of the 23 counties, because courthouse locations, hours, and local contacts differ from county to county even though the statewide law, forms, and fee schedule do not.

Venue is the county where the decedent resided at death. Under W.S. 2-2-102, wills are proved and letters granted in the county where the decedent was a resident at the time of death, regardless of where death occurred; for a decedent who was not a Wyoming resident but died in the state leaving estate here, in the county where death occurred; and for a decedent who died out of state and was not a resident, in any county where any part of the estate is located. In practice, file in the district court of the county where the decedent lived at death, or, for a nonresident, where the Wyoming property is (W.S. 2-2-102). Keep the Clerk of the District Court, who runs the court counter, distinct from the county clerk, a separate office where the collection affidavit is filed and where a summary-distribution decree affecting real property is recorded.

Probate runs through the District Court. Wyoming has no separate probate court. Probate is handled by the District Court, the state's general-jurisdiction trial court, which holds exclusive original jurisdiction over wills and estates (W.S. 2-2-101). The judicial officer is a district judge, and the filing office is the Clerk of the District Court. The 23 counties are grouped into 9 judicial districts for administration, but a probate is filed in the decedent's own county, in that county's district court.

Clerk of the District Court versus county clerk. Two different offices matter in Wyoming probate. The Clerk of the District Court runs the court counter, taking petitions and issuing letters and decrees. The county clerk is a separate office where the collection affidavit (W.S. 2-1-201) is filed and where a summary-distribution decree affecting real property is recorded (W.S. 2-1-205). Keep the two distinct when filing.

Two small-estate routes, both capped at $400,000. Wyoming has two simplified routes, both available 30 days after death and both capped at an estate of $400,000 less liens and encumbrances, effective July 1, 2025 (raised by 2025 Wyo. SF0104). The affidavit for collection of personal property (W.S. 2-1-201) is a non-court process, filed with the county clerk, that reaches personal property only. The summary-distribution decree (W.S. 2-1-205) is a court application that can pass real property, including mineral interests, and results in a recorded decree that is presumptive evidence of title.

Probate of a will without administration. Wyoming allows a party entitled to letters testamentary to petition to admit a will without administration (W.S. 2-6-122). If the will is admitted this way, no executor is appointed and there is no inventory, creditor-claim, or supervised-distribution process. It is a narrow route used before a petition for full probate is filed.

Creditor claims run from first publication. In a full administration, the personal representative publishes notice to creditors once a week for three consecutive weeks in a newspaper of general circulation in the county. Claims are barred unless filed within three months of first publication, or within 30 days after a mailed notice, whichever is later (W.S. 2-7-201, 2-7-703). This window runs from the notice, not from the date of death, and does not apply to the affidavit or summary-distribution routes.

Uniform statewide fees. The $160 fee to open a probate ($110 filing, $40 court automation, $10 indigent civil legal services) is set by statute and is the same in every county (W.S. 5-3-206). A graduated inventory fee applies only when an inventory shows value of $5,000 or more: $5.00 for value from $5,000 to $10,000, and $5.00 for each additional $10,000 or portion (W.S. 2-2-401). There is no additional inventory fee for an estate under $5,000.

No state estate tax and no inheritance tax. Wyoming imposes neither an estate tax nor an inheritance tax. No Wyoming estate-tax or inheritance-tax return is required regardless of estate size. Wyoming's former "pick-up" estate tax was tied to the federal state-death-tax credit that Congress repealed, so it produces no liability (Wyoming Department of Revenue, revenue.wyo.gov).

Federal estate tax. The separate federal estate tax applies only above the federal exemption, which is $15 million per individual for deaths in 2026 under the One Big Beautiful Bill Act (signed July 4, 2025, and indexed annually).

Attorney-mandatory e-filing, no remote public case search. E-filing through File & Serve is mandatory for Wyoming-licensed attorneys in district court, effective October 1, 2024, and new Wyoming Rules for Electronic Filing and Service in District Courts took effect in January 2026. Self-represented filers cannot e-file in district court and file paper with the Clerk of the District Court. The Wyoming Judicial Branch does not offer remote public access to district-court filings; estate records are viewed at courthouse public-access terminals and the Wyoming State Law Library, or requested from the Clerk of the District Court.

A Wyoming attorney is advisable when the estate is or may become contested, such as a will contest or a dispute over heirship; when the will is missing or defective; when the estate is insolvent; when real property or mineral interests must be sold or cleared of title questions; when a full administration with notice to creditors and a supervised accounting is required; or when a complex asset such as a business interest is involved. For an estate that qualifies for the collection affidavit (W.S. 2-1-201) or the summary-distribution decree (W.S. 2-1-205), many Wyoming families complete the process without an attorney, using the small-estate forms on wyocourts.gov. Because Wyoming publishes no statewide do-it-yourself packet for a full formal administration and self-represented filers cannot e-file in district court, counsel is common for supervised estates. Sunset can connect families to a vetted Wyoming probate attorney when the situation requires counsel.

Find the accounts and assets. Sunset searches more than 2,300 financial institutions and Wyoming public records to surface bank and credit-union accounts, retirement plans, brokerage holdings, life insurance, Wyoming real estate and mineral interests, vehicles, business interests, and unclaimed property, and flags how each asset is titled so the family can tell during estate settlement what passes outside probate, whether the estate fits the $400,000 small-estate cap (W.S. 2-1-201 and W.S. 2-1-205), and whether it crosses the federal estate-tax exemption of $15 million per individual for deaths in 2026.

Generate the probate packet. Sunset assembles the estate settlement packet for the path that fits, whether the affidavit for collection of personal property, the summary-distribution application with its report of value, or the petition that opens a full administration, ready to file with the county clerk or the Clerk of the District Court in the county where the decedent resided.

Find a local probate attorney. When the situation calls for counsel, such as a contested estate, an insolvent estate, a real-property or mineral-interest sale with title questions, or a supervised full administration, Sunset connects families to a vetted Wyoming probate attorney serving the relevant county.

Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).