How Probate Works in Wyoming

Does Wyoming require probate?

Not for many estates. Wyoming has one of the highest small estate thresholds in the country at $200,000. Estates at or below this amount (less liens and encumbrances) can use either an affidavit or a summary distribution process, both of which are significantly simpler than full probate.

Wyoming has not adopted the Uniform Probate Code, but the generous threshold means many families can avoid the formal process entirely.

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What court handles probate in Wyoming?

Probate in Wyoming is handled by the District Court in the county where the deceased person lived. Wyoming has 23 counties organized into 9 judicial districts. There is no separate probate court.

In Wyoming's smaller counties, the District Court may have limited sitting days. Check with the clerk of court for schedules and filing procedures.

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Small estate threshold

Estates valued at $200,000 or less (total value less liens and encumbrances) qualify for simplified handling (Wyoming Statutes § 2-1-205).

Distribution by affidavit. For small amounts of personal property, a simple affidavit can be used to collect assets after a 30-day waiting period from the date of death.

Summary distribution. For estates up to $200,000 (less liens), the court can issue an order for summary distribution. This is a simplified court process that:

• Requires a petition to the District Court.
• Can include both personal property and real estate (unusual for a small estate process).
• Is faster and less expensive than full administration.

The combination of these two options means most Wyoming estates can avoid the full probate process.

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Simplified probate options

Beyond the small estate process, Wyoming offers:

Full administration. The standard process for larger or contested estates. The court appoints an executor or administrator, and the estate follows a formal timeline for inventory, creditor notice, and distribution.

Independent administration. If the will authorizes it or all heirs consent, the personal representative can manage the estate with reduced court supervision.

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What if there is no will?

When someone dies without a will in Wyoming, the estate follows the state's intestate succession laws (Wyoming Statutes § 2-4-101 et seq.).

If the deceased was married:

• Spouse, no children. The surviving spouse inherits the entire estate.
• Spouse and children (all are the surviving spouse's children). The surviving spouse receives 50% of the estate. The children share the other 50%.
• Spouse and children from a prior relationship. The surviving spouse receives 50% of the estate. The children share the other 50%.

If the deceased was not married:

• Children. The children inherit equally.
• Parents (no children). The parents inherit everything.
• Siblings (no children or parents). The siblings inherit equally.

For a broader overview, see our guide on handling an estate without a will.

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What makes Wyoming different?

The $200,000 threshold

Wyoming's $200,000 small estate threshold is among the highest in the nation. For context, neighboring states like Montana ($50,000) and Colorado ($80,000) have thresholds that are a fraction of Wyoming's. This single number keeps the majority of Wyoming estates out of full probate.

Summary distribution includes real estate

Most states limit the small estate process to personal property only. Wyoming's summary distribution can include real estate, which is a significant advantage for families whose primary asset is a home or land. The court issues an order that transfers both personal property and real property in a single, simplified proceeding.

No state income or estate tax

Wyoming has no state income tax, no state estate tax, and no state inheritance tax. Combined with the high small estate threshold, this makes Wyoming one of the most estate-friendly states in the country.

For a general overview of the probate process, see our guide on how probate works. You can track your progress through the estate settlement process with our interactive checklist.

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