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Small estate affidavit in Wyoming (2026)

In Wyoming, heirs can collect up to $400,000 without probate with a sworn affidavit (Distribution by affidavit (W.S. 2-1-201)). You must wait 30 days after the death. Real estate: separate procedure (up to $400,000). Last checked .

Wyoming at a glance

Affidavit cap
$400,000
Applies to
Affidavits on or after 2025-07-01 (2025 SF0104, Enrolled Act 85, effective July 1, 2025); no date-of-death rule
Value counted
Net value (after liens and encumbrances)
Waiting period
30 days
If there is a will
Can still be used
File with a court
Yes
Real estate
Separate procedure (up to $400,000)
Court shortcut
Decree of summary distribution (W.S. 2-1-205) (up to $400,000)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Enter the date of death and the value

  • In Wyoming the affidavit (or a related form) must be filed with the court in some or all cases — see the rules.

Wyoming cap for this date of death

$400,000

A worked example for Wyoming

Say a parent who lived in Wyoming died on March 1, 2026, leaving $320,000 in a bank account in their name only and no house. $320,000 is within the $400,000 cap for that date of death, so the family can use the affidavit from March 31, 2026.

The rules in Wyoming

  • The affidavit. The distributees sign an affidavit, file it with the county clerk, and present a certified copy to the bank or other holder, which must pay or deliver the decedent's personal property to them.
  • Cap. The Wyoming estate, after liens and encumbrances, must be $400,000 or less.
  • What counts. The entire Wyoming estate subject to administration (testate or intestate), less liens and encumbrances.
  • What doesn't count. Property outside Wyoming; joint accounts with survivorship, trust deposits and POD accounts, which are paid under their own terms (W.S. 2-1-203).
  • Earlier caps. $200,000: before 2025-07-01
  • Waiting period. At least 30 days after the death.
  • Conditions. No application to appoint a personal representative pending or granted in Wyoming. The affidavit states the distributees' relationship and legal basis, including intervening estates, and that no other distributees have a right to the property; any out-of-state probate application must be disclosed.
  • Who can sign. The distributee(s) (heir, beneficiary, or successor through intervening estates or record ownership) or their attorney. Government creditors may use a separate affidavit after 90 days (W.S. 2-1-204).
  • Court filing. The affidavit is signed before a notary and recorded with the county clerk (not the court) where the decedent died or where property is located; a certified copy is what holders must honor.
  • Fee. County clerk recording fee; the Judicial Branch instructions say it is usually around $30, generally including one certified copy.

Houses, land and vehicles

  • Real estate. Land (including mineral interests) passes by a district-court decree of summary distribution: apply at least 30 days after death with a sworn report of value, publish notice two weeks, mail notice to spouse, distributees and known creditors; if no timely objection the court enters a decree, which is recorded with the county clerk where the land lies.
  • Vehicles. The county clerk of the county where the vehicle is registered transfers its title to the distributees on presentation of the affidavit.

When the affidavit isn't enough

Court route for estates (personal and real property) of $400,000 or less, net of liens; used for real estate and can be used alongside the affidavit. Requires publication, mailed notice, and a decree that is presumptive evidence of title.

Good to know in Wyoming

  • If a holder refuses and is sued, the court awards attorney's fees and costs unless the property was delivered within 45 days of presentation or the refusal had just cause (W.S. 2-1-202(b)).
  • Persons receiving property are answerable to any later personal representative or anyone with a superior right (W.S. 2-1-202(c)).
  • In the summary decree procedure, if the decedent received Medicaid the state department of health must get a copy of the application within 10 days of first publication (W.S. 2-1-205(e)).
  • The Wyoming Judicial Branch publishes self-help packets: Affidavit for Distribution of Personal Property (PPP 01-05, intestate and testate) and Application for Distribution of Real Property (PRP 01-07).
  • A death certificate is not required to record the affidavit, though holders may ask for one (PPP 01 instructions).

Official help and forms

Sources

Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

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