Probate Shortcuts in Wyoming

The probate process can be long and drawn out, costing your survivors time as well as money. Fortunately, Wyoming offers two probate shortcuts for "small estates." If the property you leave behind at your death is below a certain amount, Wyoming allows the property to be transferred more quickly and with less hassle. In other words, if your estate qualifies as "small," your loved ones might be able to use simplified probate procedures, or even skip probate entirely.

Collecting Property With a Small Estate Affidavit

Wyoming offers a procedure, called "distribution by affidavit," that allows inheritors to skip probate altogether. This procedure works only for personal property, which basically means everything but real estate.

How to Qualify for the Distribution by Affidavit Procedure

To qualify, the estate (the property you own at death) must meet these requirements:

• the value of all property in Wyoming that's subject to probate can't exceed $400,000
• at least 30 days have elapsed since the death, and
• no application for the appointment of a personal representative is pending or has been granted in any jurisdiction.

(The limit to qualify for the affidavit procedure increased from $200,000 to $400,000 on July 1, 2025.) (Wyo. Stat. § 2-1-201 (2025).)

Note that not all property counts toward that $400,000 limit because certain types of property aren't subject to probate. These include:

• property in a living trust
• payable-on-death bank accounts, and
• other kinds of property that don't go through probate.

So even relatively large estates might still qualify as " small estates" for purposes of the affidavit procedure.

How to Use a Small Estate Affidavit

If your estate meets the requirements listed above, your inheritor can sign a simple document under oath, called a "small estate affidavit" or "affidavit for distribution." After signing the document (and swearing to its truthfulness) and having it notarized, the inheritor simply presents the affidavit to the person or institution holding the property—for example, a bank where the deceased person had an account. The inheritor will usually also need to provide a certified copy of the death certificate. After that, the person or institution releases the asset. This process skips probate court entirely. (Wyo. Stat. § 2-1-201 (2025).)

Simplified Probate: Summary Procedure

Another probate shortcut that Wyoming offers is a simplified probate process for small estates, called "summary procedure" or "summary distribution." Unlike the affidavit procedure discussed above, the summary procedure doesn't allow your survivors to skip probate. However, the process is much more streamlined than full probate, saving time, probate fees, and potentially lawyer fees.

How to Qualify for Summary Distribution

You can use the summary procedure in Wyoming if the value of the entire estate, including real estate and mineral interests, less liens and encumbrances, is $400,000 or less. (The limit increased from $200,000 to $400,000 on July 1, 2025.) You must wait 30 days after the death before using this procedure. Unlike the small estate affidavit, the summary procedure can be used for real estate. (Wyo. Stat. § 2-1-205 (2025).)

How to Use Summary Distribution

To use it, an inheritor files a written and sworn application with the local probate court asking to use the summary procedure. The inheritor must then:

• obtain a sworn report with a broker's price opinion about the value of any real estate owned by the deceased
• publish a notice of the application once a week for two weeks in a newspaper published in the county where the request was filed, and
• mail a copy of the request to the surviving spouse, other inheritors, and any known creditors within 10 days from the first publication date.

(Wyo. Stat. § 2-1-205 (2025).)

If the deceased person received state medical assistance, the inheritor must also give a copy of the request to the state department of health. (Wyo. Stat. § 2-1-205 (2025).)

If no one objects to the application, the court will enter a decree that allows the title for the deceased person's property to pass to the inheritors. If there is an objection, the court will hold a hearing to decide whether to grant the application. (Wyo. Stat. § 2-1-205 (2025).)

For More Information

For more help handling an estate in general, see The Executor's Guide, by Jennie Lin and Mary Randolph (Nolo). For an introduction to how you can plan your estate to help your survivors, try Estate Planning Basics, by Denis Clifford (Nolo).

For more on Wyoming estate planning issues, see our section on Wyoming Estate Planning.