Wyoming Wills, Probate and Estate Law
The rules in Wyoming for wills, inheriting without a will, probate and small estates, deeds, powers of attorney and estate taxes — each linked to the statute or official court page. Probate is handled by the District Court.
Quick answers for Wyoming
- Small estate affidavit
- Not earlier than 30 days after the death, the distributees (or their attorney) may collect money owed to the decedent, tangible personal property, and instruments such as stock by affidavit stating that the value of the entire Wyoming estate subject to administration, less liens and encumbrances, is not more than $400,000; that 30 days have passed; that no application to appoint a personal representative is pending or granted in Wyoming; and the facts showing who is entitled to the property. The affidavit must be filed with the county clerk, and a certified copy is presented to the holder of the property. The county clerk where a vehicle is registered must transfer its title on the affidavit. Real property is handled through the summary distribution procedure instead. W.S. 2-1-201; W.S. 2-1-202
- Handwritten (holographic) wills
- Yes. A will that does not meet the witness requirements is valid as a holographic will, whether or not witnessed, if it is entirely in the testator's handwriting and signed by the testator's own hand. W.S. 2-6-113
- Transfer-on-death deed
- Yes. A deed that names a grantee beneficiary and expressly states it is effective on the owner's death transfers the owner's interest at death, subject to existing mortgages, liens and other encumbrances. It is valid only if executed and recorded in the office of the county clerk where the property is located before the owner's death. No notice to or consent of the beneficiary is needed, it may name successor beneficiaries, it can be revoked only by a recorded revocation (not by a will), and the last one recorded before death controls. After death, ownership is shown by recording an affidavit under W.S. 34-11-101 together with a certificate of clearance from the Wyoming Department of Health stating that any Medicaid claims are satisfied or do not exist. The statute provides forms for the deed and for revocation. W.S. 2-18-101 to 2-18-106 (esp. W.S. 2-18-103, 2-18-104, 2-18-105)
- State estate or inheritance tax
- Wyoming has no inheritance tax and no stand-alone estate tax. Its estate tax law imposes only a 'pick-up' tax equal to the maximum state death tax credit allowed against the federal estate tax, apportioned to the Wyoming gross estate; the statute states it is not intended to increase the total federal and state death taxes on any estate. W.S. 39-19-101 to 39-19-111 (esp. W.S. 39-19-103, 39-19-104)
Last verified: 2026-10-25
Wills
| Requirements for a valid will | Any person of legal age and sound mind may make a will. Except for a holographic will, a will must be in writing (or typewritten), signed by the testator (or by someone in the testator's presence and at his or her express direction), and witnessed by two competent witnesses. Witnesses may appear in person or by real-time audio-video technology if they can see and hear the testator, judge the testator's competency, securely sign electronically, and confirm the testator is signing freely. A witness who benefits under the will generally cannot take that benefit unless there are two other disinterested witnesses (but may still receive up to his or her intestate share). Source: W.S. 2-6-101; W.S. 2-6-112 |
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| Handwritten (holographic) wills | Yes. A will that does not meet the witness requirements is valid as a holographic will, whether or not witnessed, if it is entirely in the testator's handwriting and signed by the testator's own hand. Source: W.S. 2-6-113 |
| Self-proving affidavit | Yes. A will may be executed, attested and made self-proved at the same time by the testator's acknowledgment and the witnesses' affidavits before an officer authorized to administer oaths (such as a notary), using the statutory form. The form allows witnesses appearing by audio-video technology to sign electronically by secure means. A self-proved will can be admitted to probate without witness testimony. Source: W.S. 2-6-114; W.S. 2-6-204 |
If there is no will
| Who inherits without a will | If the decedent leaves a spouse and children (or descendants of children), the spouse takes one-half and the children and descendants of deceased children take the other half. If there is a spouse but no children or descendants, the spouse takes the entire estate. With no spouse, the estate goes to children and descendants of deceased children; if none, in equal parts to the father, mother, brothers and sisters (with descendants of deceased siblings taking their parent's share); if none of these, to grandparents, uncles, aunts and their descendants. Source: W.S. 2-4-101 |
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| Surviving spouse's share | If a married person domiciled in Wyoming leaves the surviving spouse less by will than the elective share, the spouse may elect to take one-half of the property subject to the will (after funeral and administration expenses, allowances, exemptions and enforceable claims) if there are no surviving issue or the spouse is a parent of any of the decedent's surviving issue, or one-fourth if the spouse is not the parent of any of the decedent's surviving issue. The petition must be filed in court and mailed or delivered to the personal representative within three months after the will is admitted to probate or within 30 days after the spouse is advised of the right of election, whichever is later. Wyoming is not a community property state. The court must advise the surviving spouse of the right of election. In estates where an election may be made, the inventory must be filed within 75 days after the will is admitted to probate (W.S. 2-7-403(b)). |
Probate
| Probate steps | 1) File a petition in the district court of the county where the decedent lived (for a will, a petition for probate; without a will, a petition for letters of administration). The court or clerk may admit a will without notice upon proof of due execution. 2) The personal representative takes the oath, posts any required bond, and receives letters. 3) Publish a notice of probate and notice to creditors once a week for three consecutive weeks and mail it to the spouse, heirs and beneficiaries within one week of first publication, and to reasonably ascertainable creditors. 4) File a sworn inventory within 120 days after appointment. 5) Handle creditor claims filed with the clerk. 6) File a final report, accounting and petition for distribution; after notice and hearing, the court enters a final decree of distribution. Any action to set aside the probate of a will must be brought within three months after first publication of the notice of probate. |
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| Simplified probate | Summary distribution: if the decedent's entire estate (including real property and mineral interests) is not more than $400,000 less liens and encumbrances, the distributees may file, not earlier than 30 days after death, a sworn application in district court for a decree of summary distribution. A sworn report of value of Wyoming real property must be attached. Notice is published once a week for two consecutive weeks and mailed to the spouse, other distributees and reasonably ascertainable creditors (and to the Department of Health if the decedent received Medicaid). Objections are due by the later of 20 days after mailing or 30 days after first publication; if none is filed, the court enters a decree, which is recorded with the county clerk in each county where real property is located. Separately, a nonresident's Wyoming property worth $400,000 or less may avoid a full Wyoming probate if the estate was probated in another state. The $400,000 limits in W.S. 2-1-205 and 2-11-201 took effect July 1, 2025 (previously $200,000). |
| Small estate affidavit | Not earlier than 30 days after the death, the distributees (or their attorney) may collect money owed to the decedent, tangible personal property, and instruments such as stock by affidavit stating that the value of the entire Wyoming estate subject to administration, less liens and encumbrances, is not more than $400,000; that 30 days have passed; that no application to appoint a personal representative is pending or granted in Wyoming; and the facts showing who is entitled to the property. The affidavit must be filed with the county clerk, and a certified copy is presented to the holder of the property. The county clerk where a vehicle is registered must transfer its title on the affidavit. Real property is handled through the summary distribution procedure instead. The limit was raised from $200,000 to $400,000 effective July 1, 2025 (2025 Wyo. Sess. Laws, Enrolled Act No. 85, SF0104). Government creditors may collect by a similar affidavit after 90 days (W.S. 2-1-204). Source: W.S. 2-1-201; W.S. 2-1-202 |
| Deadline for creditor claims | Creditors must file claims (in duplicate, with supporting documents) with the clerk of the district court within three months after the first publication of the notice to creditors. A creditor who was mailed notice has until the later of three months after first publication or 30 days after the mailing. Claims not filed in time are barred, with limited exceptions for creditors entitled to equitable relief or reasonably ascertainable creditors who were not mailed notice. |
| Who can be executor | Letters testamentary go first to the person named in the will, then to a beneficiary (or the beneficiaries' nominee), a creditor, or another qualified person. A testator may name any U.S. resident and citizen (or a qualifying bank or trust company) as executor; a nonresident executor must designate a Wyoming resident, bank or trust company as agent for service of process. Without a will, priority goes to the surviving spouse (or the spouse's nominee), then children, parents, siblings, grandchildren, next of kin, creditors and any competent person; a nonresident may be appointed administrator only if a Wyoming resident is appointed co-administrator, and a person under the age of majority or found incompetent may not serve. A bond is required unless the will or a statute waives it or the distributees waive it in writing; the court may later require one. |
| Finding probate court records | District courts generally hear probate cases in Wyoming, and new probate filings carry a filing fee plus variable fees such as probate inventory fees. District and circuit court records can be viewed in person at the public access terminal in the clerk of court's office; the Judicial Branch's online public docket covers Supreme Court cases. |
Deeds and transferring a house
| Signing and recording a deed | A conveyance of land is made by an instrument signed and acknowledged by the grantor; the acknowledgment must be taken before a notarial officer. A certificate of acknowledgment entitles the deed to be recorded in the office of the county clerk in the county where the land lies, and only originally signed documents (or qualifying electronic or certified copies) may be recorded. An unrecorded conveyance is void against later good-faith purchasers who record first. A quitclaim deed passes whatever interest the grantor could lawfully convey. |
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| Transfer-on-death deed | Yes. A deed that names a grantee beneficiary and expressly states it is effective on the owner's death transfers the owner's interest at death, subject to existing mortgages, liens and other encumbrances. It is valid only if executed and recorded in the office of the county clerk where the property is located before the owner's death. No notice to or consent of the beneficiary is needed, it may name successor beneficiaries, it can be revoked only by a recorded revocation (not by a will), and the last one recorded before death controls. After death, ownership is shown by recording an affidavit under W.S. 34-11-101 together with a certificate of clearance from the Wyoming Department of Health stating that any Medicaid claims are satisfied or do not exist. The statute provides forms for the deed and for revocation. If the owner received Medicaid, the Department of Health may assert a lien against the property for the amount it could have recovered from the estate. |
Power of attorney and health care directives
| Financial power of attorney | Wyoming has adopted the Uniform Power of Attorney Act. A power of attorney is durable unless it expressly says it ends on the principal's incapacity, and it is effective when signed unless it states a later date or event. It must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction). Notarization is not strictly required, but a signature acknowledged before a notary is presumed genuine. The statute includes a Statutory Form Power of Attorney. A power of attorney containing authority to convey land may be recorded with the county clerk where the land is located if it has been acknowledged (W.S. 34-1-104). |
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| Health care directive | An adult or emancipated minor may give individual health care instructions (oral or written) and may sign a power of attorney for health care. The power of attorney must be in writing, signed by the principal (or by another person in the principal's presence at his or her direction), and either acknowledged before a notarial officer or signed by two witnesses who each declare under penalty of perjury that the principal signed or acknowledged it in their presence. A treating health care provider or its employee, the named agent, or the operator or an employee of a community or residential care facility may not serve as a witness. Unless the document says otherwise, the agent's authority begins only when the principal is determined to lack capacity. |
| Official power of attorney forms | Wyoming has an optional "State of Wyoming Statutory Form Power of Attorney" for property and finances under the Uniform Power of Attorney Act (Wyo. Stat. 3-9-301); the form states that it does not authorize the agent to make health care decisions. A power of attorney must be signed by the principal or, in the principal's conscious presence, by another person at the principal's direction; a signature acknowledged before a notary public is presumed genuine (3-9-105). For health care, a power of attorney for health care must be in writing, signed by the principal (or by another person in the principal's presence at the principal's direction), and either acknowledged before a notarial officer or signed by at least two witnesses who each declare under penalty of perjury that the principal signed or acknowledged it in their presence. A treating health care provider or the provider's employee, the named attorney-in-fact, or the operator or an employee of a community or residential care facility cannot witness (Wyo. Stat. 35-22-403). Health care: https://wyoleg.gov/statutes/compress/title35.pdf |
Estate and inheritance tax
| State estate or inheritance tax | Wyoming has no inheritance tax and no stand-alone estate tax. Its estate tax law imposes only a 'pick-up' tax equal to the maximum state death tax credit allowed against the federal estate tax, apportioned to the Wyoming gross estate; the statute states it is not intended to increase the total federal and state death taxes on any estate. |
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Planning documents and avoiding probate
| Living will / advance directive | Under the Wyoming Health Care Decisions Act, an adult or emancipated minor may give individual health care instructions (the living-will part), orally or in writing, and the instruction may be limited to take effect only if a specified condition arises. The statute does not require a particular form or witnesses for an individual instruction. Instructions may also be included in a power of attorney for health care, which must then meet the power of attorney signing rules (notarized or signed before two qualified witnesses). |
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| Medical power of attorney | Wyoming uses a power of attorney for health care. It must be in writing, signed by the principal (or by another person in the principal's presence at his or her direction), and either acknowledged before a notarial officer or signed by two witnesses who each declare under penalty of perjury that the principal signed or acknowledged it in their presence. A treating health care provider or its employee, the named agent, or the operator or an employee of a community or residential care facility may not serve as a witness. Unless the document says otherwise, the agent's authority begins only when the principal is determined to lack capacity. Source: W.S. 35-22-403 |
| Revocable living trust | Wyoming has adopted the Uniform Trust Code (W.S. 4-10-101 et seq.). A trust is created only if the settlor has capacity, indicates an intention to create the trust, the trust has a definite beneficiary (or is a charitable, animal-care or noncharitable-purpose trust), the trustee has duties to perform, and the same person is not the sole trustee and sole beneficiary. A trust need not be evidenced by a trust instrument, but an oral trust and its terms can be proved only by clear and convincing evidence. Unless the terms expressly make the trust irrevocable, the settlor may revoke or amend it. Property transferred to the trustee passes under the trust terms without probate; assets left in the decedent's own name may still need probate, a small estate affidavit or summary distribution. |
| Ways to avoid probate | Non-probate transfers available in Wyoming: (1) Transfer on death deed for real estate, recorded before death (W.S. 2-18-101 to 2-18-106). (2) Joint tenancy, tenancy by the entirety and life estates, confirmed by court petition (W.S. 2-9-101). (3) Joint, trust and pay-on-death bank deposit accounts (W.S. 2-1-203). (4) Transfer-on-death registration of securities (Uniform TOD Security Registration Act, W.S. 2-16-101 et seq.). (5) Vehicle beneficiary designation form ('transfer on death to') recorded with the county clerk (W.S. 31-2-104.1). (6) Small estate affidavit for estates of $400,000 or less (W.S. 2-1-201) and summary distribution, including real property, for estates of $400,000 or less (W.S. 2-1-205). (7) Revocable living trust (Uniform Trust Code). Vehicle beneficiary designation: https://wyoleg.gov/statutes/compress/title31.pdf |
Executors and heirs
| Executor's duties | Main duties and deadlines for a Wyoming personal representative: take the oath, post any required bond and receive letters; publish a notice of probate and notice to creditors once a week for three consecutive weeks, mail it to the spouse, heirs and beneficiaries within one week of first publication, and mail it to reasonably ascertainable creditors; creditors must file claims with the clerk of the district court within three months after first publication (or 30 days after mailing, if later); within 120 days after appointment, make and return to the court a true inventory under oath of all the estate, including any homestead; pay or reject claims; then file a final report, accounting and petition for distribution, after which the court enters a final decree of distribution following notice and hearing. |
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| Letters testamentary | Letters are issued by the district court of the county where the decedent lived. With a will, a petition for probate is filed and the court or clerk may admit the will without notice upon proof of due execution; letters testamentary go first to the person named in the will, then to a beneficiary (or the beneficiaries' nominee), a creditor, or another qualified person. Without a will, a petition for letters of administration is filed, with priority to the surviving spouse (or nominee), then children, parents, siblings, grandchildren, next of kin and creditors. The personal representative takes the oath and posts bond unless it is waived by the will, by statute, or in writing by the distributees. A nonresident executor must designate a Wyoming agent for service, and a nonresident administrator may serve only with a Wyoming-resident co-administrator. |
| Affidavit / determination of heirship | Wyoming has court procedures to establish title without administration. (1) Determination of heirship after two years: when more than two years have passed since death and there has been no previous judicial determination of the heirs, any heir (or person claiming title through the decedent or an heir) may petition the district court; after at least 30 days' notice and a hearing, the court determines the date of death, the heirs, their kinship and the right of descent of the real property, by decree (W.S. 2-9-201 to 2-9-203). (2) Joint tenancy, tenancy by the entirety or life estate: any interested person may petition the district court where the property is located to establish that the decedent's interest ended at death (W.S. 2-9-101). (3) For estates of $400,000 or less, a decree of summary distribution can transfer real property (W.S. 2-1-205). After a TOD deed, ownership is shown by an affidavit recorded under W.S. 34-11-101. |
| Transferring a car after death | Wyoming vehicle titles are handled by the county clerk. Transfer on death: each county clerk provides a beneficiary designation form ('transfer on death to' the named beneficiary, with the notarized signatures of all owners), which must be recorded with the county clerk where the vehicle is titled; after the death of the owner (or last surviving owner), the beneficiary presents the recorded form, a certified death certificate and the other required documents and requests a new title. Joint owners: a title held in joint tenancy with right of survivorship or tenancy by the entirety passes to the survivor; a title held with 'and' requires each co-owner's signature. Small estates: the county clerk where the vehicle is registered must transfer the title to the distributee on a small estate affidavit (estates of $400,000 or less). Otherwise, the personal representative transfers the title using the letters. |
Official Wyoming forms
- Transfer on Death Deed form and revocation form (W.S. 2-18-104, 2-18-105)
- Statutory Form Power of Attorney (W.S. 3-9-301)
- Self-proved will certificate form (W.S. 2-6-114)
- Transfer on Death Deed form and revocation form (W.S. 2-18-104, 2-18-105)
- Statutory Form Power of Attorney (W.S. 3-9-301)
Wyoming estate law FAQ
What makes a will valid in Wyoming?
Any person of legal age and sound mind may make a will. Except for a holographic will, a will must be in writing (or typewritten), signed by the testator (or by someone in the testator's presence and at his or her express direction), and witnessed by two competent witnesses. Witnesses may appear in person or by real-time audio-video technology if they can see and hear the testator, judge the testator's competency, securely sign electronically, and confirm the testator is signing freely. A witness who benefits under the will generally cannot take that benefit unless there are two other disinterested witnesses (but may still receive up to his or her intestate share).
Is a handwritten will valid in Wyoming?
Yes. A will that does not meet the witness requirements is valid as a holographic will, whether or not witnessed, if it is entirely in the testator's handwriting and signed by the testator's own hand.
Does a will need to be notarized in Wyoming?
Yes. A will may be executed, attested and made self-proved at the same time by the testator's acknowledgment and the witnesses' affidavits before an officer authorized to administer oaths (such as a notary), using the statutory form. The form allows witnesses appearing by audio-video technology to sign electronically by secure means. A self-proved will can be admitted to probate without witness testimony.
Who inherits if someone dies without a will in Wyoming?
If the decedent leaves a spouse and children (or descendants of children), the spouse takes one-half and the children and descendants of deceased children take the other half. If there is a spouse but no children or descendants, the spouse takes the entire estate. With no spouse, the estate goes to children and descendants of deceased children; if none, in equal parts to the father, mother, brothers and sisters (with descendants of deceased siblings taking their parent's share); if none of these, to grandparents, uncles, aunts and their descendants.
What is a surviving spouse entitled to in Wyoming?
If a married person domiciled in Wyoming leaves the surviving spouse less by will than the elective share, the spouse may elect to take one-half of the property subject to the will (after funeral and administration expenses, allowances, exemptions and enforceable claims) if there are no surviving issue or the spouse is a parent of any of the decedent's surviving issue, or one-fourth if the spouse is not the parent of any of the decedent's surviving issue. The petition must be filed in court and mailed or delivered to the personal representative within three months after the will is admitted to probate or within 30 days after the spouse is advised of the right of election, whichever is later. Wyoming is not a community property state.
What is the small estate limit in Wyoming?
Not earlier than 30 days after the death, the distributees (or their attorney) may collect money owed to the decedent, tangible personal property, and instruments such as stock by affidavit stating that the value of the entire Wyoming estate subject to administration, less liens and encumbrances, is not more than $400,000; that 30 days have passed; that no application to appoint a personal representative is pending or granted in Wyoming; and the facts showing who is entitled to the property. The affidavit must be filed with the county clerk, and a certified copy is presented to the holder of the property. The county clerk where a vehicle is registered must transfer its title on the affidavit. Real property is handled through the summary distribution procedure instead.
Is there a simplified probate process in Wyoming?
Summary distribution: if the decedent's entire estate (including real property and mineral interests) is not more than $400,000 less liens and encumbrances, the distributees may file, not earlier than 30 days after death, a sworn application in district court for a decree of summary distribution. A sworn report of value of Wyoming real property must be attached. Notice is published once a week for two consecutive weeks and mailed to the spouse, other distributees and reasonably ascertainable creditors (and to the Department of Health if the decedent received Medicaid). Objections are due by the later of 20 days after mailing or 30 days after first publication; if none is filed, the court enters a decree, which is recorded with the county clerk in each county where real property is located. Separately, a nonresident's Wyoming property worth $400,000 or less may avoid a full Wyoming probate if the estate was probated in another state.
How does probate work in Wyoming?
1) File a petition in the district court of the county where the decedent lived (for a will, a petition for probate; without a will, a petition for letters of administration). The court or clerk may admit a will without notice upon proof of due execution. 2) The personal representative takes the oath, posts any required bond, and receives letters. 3) Publish a notice of probate and notice to creditors once a week for three consecutive weeks and mail it to the spouse, heirs and beneficiaries within one week of first publication, and to reasonably ascertainable creditors. 4) File a sworn inventory within 120 days after appointment. 5) Handle creditor claims filed with the clerk. 6) File a final report, accounting and petition for distribution; after notice and hearing, the court enters a final decree of distribution.
How long do creditors have to file claims against an estate in Wyoming?
Creditors must file claims (in duplicate, with supporting documents) with the clerk of the district court within three months after the first publication of the notice to creditors. A creditor who was mailed notice has until the later of three months after first publication or 30 days after the mailing. Claims not filed in time are barred, with limited exceptions for creditors entitled to equitable relief or reasonably ascertainable creditors who were not mailed notice.
Who can be an executor in Wyoming?
Letters testamentary go first to the person named in the will, then to a beneficiary (or the beneficiaries' nominee), a creditor, or another qualified person. A testator may name any U.S. resident and citizen (or a qualifying bank or trust company) as executor; a nonresident executor must designate a Wyoming resident, bank or trust company as agent for service of process. Without a will, priority goes to the surviving spouse (or the spouse's nominee), then children, parents, siblings, grandchildren, next of kin, creditors and any competent person; a nonresident may be appointed administrator only if a Wyoming resident is appointed co-administrator, and a person under the age of majority or found incompetent may not serve. A bond is required unless the will or a statute waives it or the distributees waive it in writing; the court may later require one.
Does Wyoming allow transfer-on-death deeds?
Yes. A deed that names a grantee beneficiary and expressly states it is effective on the owner's death transfers the owner's interest at death, subject to existing mortgages, liens and other encumbrances. It is valid only if executed and recorded in the office of the county clerk where the property is located before the owner's death. No notice to or consent of the beneficiary is needed, it may name successor beneficiaries, it can be revoked only by a recorded revocation (not by a will), and the last one recorded before death controls. After death, ownership is shown by recording an affidavit under W.S. 34-11-101 together with a certificate of clearance from the Wyoming Department of Health stating that any Medicaid claims are satisfied or do not exist. The statute provides forms for the deed and for revocation.
What does a quitclaim deed need to be valid in Wyoming?
A conveyance of land is made by an instrument signed and acknowledged by the grantor; the acknowledgment must be taken before a notarial officer. A certificate of acknowledgment entitles the deed to be recorded in the office of the county clerk in the county where the land lies, and only originally signed documents (or qualifying electronic or certified copies) may be recorded. An unrecorded conveyance is void against later good-faith purchasers who record first. A quitclaim deed passes whatever interest the grantor could lawfully convey.
What are the requirements for a power of attorney in Wyoming?
Wyoming has adopted the Uniform Power of Attorney Act. A power of attorney is durable unless it expressly says it ends on the principal's incapacity, and it is effective when signed unless it states a later date or event. It must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction). Notarization is not strictly required, but a signature acknowledged before a notary is presumed genuine. The statute includes a Statutory Form Power of Attorney.
What are the requirements for a health care directive in Wyoming?
An adult or emancipated minor may give individual health care instructions (oral or written) and may sign a power of attorney for health care. The power of attorney must be in writing, signed by the principal (or by another person in the principal's presence at his or her direction), and either acknowledged before a notarial officer or signed by two witnesses who each declare under penalty of perjury that the principal signed or acknowledged it in their presence. A treating health care provider or its employee, the named agent, or the operator or an employee of a community or residential care facility may not serve as a witness. Unless the document says otherwise, the agent's authority begins only when the principal is determined to lack capacity.
Does Wyoming have an estate or inheritance tax?
Wyoming has no inheritance tax and no stand-alone estate tax. Its estate tax law imposes only a 'pick-up' tax equal to the maximum state death tax credit allowed against the federal estate tax, apportioned to the Wyoming gross estate; the statute states it is not intended to increase the total federal and state death taxes on any estate.
How do I make a living will in Wyoming?
Under the Wyoming Health Care Decisions Act, an adult or emancipated minor may give individual health care instructions (the living-will part), orally or in writing, and the instruction may be limited to take effect only if a specified condition arises. The statute does not require a particular form or witnesses for an individual instruction. Instructions may also be included in a power of attorney for health care, which must then meet the power of attorney signing rules (notarized or signed before two qualified witnesses).
How do I make a medical power of attorney in Wyoming?
Wyoming uses a power of attorney for health care. It must be in writing, signed by the principal (or by another person in the principal's presence at his or her direction), and either acknowledged before a notarial officer or signed by two witnesses who each declare under penalty of perjury that the principal signed or acknowledged it in their presence. A treating health care provider or its employee, the named agent, or the operator or an employee of a community or residential care facility may not serve as a witness. Unless the document says otherwise, the agent's authority begins only when the principal is determined to lack capacity.
How do living trusts work in Wyoming?
Wyoming has adopted the Uniform Trust Code (W.S. 4-10-101 et seq.). A trust is created only if the settlor has capacity, indicates an intention to create the trust, the trust has a definite beneficiary (or is a charitable, animal-care or noncharitable-purpose trust), the trustee has duties to perform, and the same person is not the sole trustee and sole beneficiary. A trust need not be evidenced by a trust instrument, but an oral trust and its terms can be proved only by clear and convincing evidence. Unless the terms expressly make the trust irrevocable, the settlor may revoke or amend it. Property transferred to the trustee passes under the trust terms without probate; assets left in the decedent's own name may still need probate, a small estate affidavit or summary distribution.
What does an executor have to do in Wyoming?
Main duties and deadlines for a Wyoming personal representative: take the oath, post any required bond and receive letters; publish a notice of probate and notice to creditors once a week for three consecutive weeks, mail it to the spouse, heirs and beneficiaries within one week of first publication, and mail it to reasonably ascertainable creditors; creditors must file claims with the clerk of the district court within three months after first publication (or 30 days after mailing, if later); within 120 days after appointment, make and return to the court a true inventory under oath of all the estate, including any homestead; pay or reject claims; then file a final report, accounting and petition for distribution, after which the court enters a final decree of distribution following notice and hearing.
How do I get letters testamentary in Wyoming?
Letters are issued by the district court of the county where the decedent lived. With a will, a petition for probate is filed and the court or clerk may admit the will without notice upon proof of due execution; letters testamentary go first to the person named in the will, then to a beneficiary (or the beneficiaries' nominee), a creditor, or another qualified person. Without a will, a petition for letters of administration is filed, with priority to the surviving spouse (or nominee), then children, parents, siblings, grandchildren, next of kin and creditors. The personal representative takes the oath and posts bond unless it is waived by the will, by statute, or in writing by the distributees. A nonresident executor must designate a Wyoming agent for service, and a nonresident administrator may serve only with a Wyoming-resident co-administrator.
Does Wyoming have an affidavit of heirship?
Wyoming has court procedures to establish title without administration. (1) Determination of heirship after two years: when more than two years have passed since death and there has been no previous judicial determination of the heirs, any heir (or person claiming title through the decedent or an heir) may petition the district court; after at least 30 days' notice and a hearing, the court determines the date of death, the heirs, their kinship and the right of descent of the real property, by decree (W.S. 2-9-201 to 2-9-203). (2) Joint tenancy, tenancy by the entirety or life estate: any interested person may petition the district court where the property is located to establish that the decedent's interest ended at death (W.S. 2-9-101). (3) For estates of $400,000 or less, a decree of summary distribution can transfer real property (W.S. 2-1-205). After a TOD deed, ownership is shown by an affidavit recorded under W.S. 34-11-101.
How can you avoid probate in Wyoming?
Non-probate transfers available in Wyoming: (1) Transfer on death deed for real estate, recorded before death (W.S. 2-18-101 to 2-18-106). (2) Joint tenancy, tenancy by the entirety and life estates, confirmed by court petition (W.S. 2-9-101). (3) Joint, trust and pay-on-death bank deposit accounts (W.S. 2-1-203). (4) Transfer-on-death registration of securities (Uniform TOD Security Registration Act, W.S. 2-16-101 et seq.). (5) Vehicle beneficiary designation form ('transfer on death to') recorded with the county clerk (W.S. 31-2-104.1). (6) Small estate affidavit for estates of $400,000 or less (W.S. 2-1-201) and summary distribution, including real property, for estates of $400,000 or less (W.S. 2-1-205). (7) Revocable living trust (Uniform Trust Code).
Where can I get a power of attorney form in Wyoming?
Wyoming has an optional "State of Wyoming Statutory Form Power of Attorney" for property and finances under the Uniform Power of Attorney Act (Wyo. Stat. 3-9-301); the form states that it does not authorize the agent to make health care decisions. A power of attorney must be signed by the principal or, in the principal's conscious presence, by another person at the principal's direction; a signature acknowledged before a notary public is presumed genuine (3-9-105). For health care, a power of attorney for health care must be in writing, signed by the principal (or by another person in the principal's presence at the principal's direction), and either acknowledged before a notarial officer or signed by at least two witnesses who each declare under penalty of perjury that the principal signed or acknowledged it in their presence. A treating health care provider or the provider's employee, the named attorney-in-fact, or the operator or an employee of a community or residential care facility cannot witness (Wyo. Stat. 35-22-403).
How do I search probate court records in Wyoming?
District courts generally hear probate cases in Wyoming, and new probate filings carry a filing fee plus variable fees such as probate inventory fees. District and circuit court records can be viewed in person at the public access terminal in the clerk of court's office; the Judicial Branch's online public docket covers Supreme Court cases.
How do I transfer a car title after someone dies in Wyoming?
Wyoming vehicle titles are handled by the county clerk. Transfer on death: each county clerk provides a beneficiary designation form ('transfer on death to' the named beneficiary, with the notarized signatures of all owners), which must be recorded with the county clerk where the vehicle is titled; after the death of the owner (or last surviving owner), the beneficiary presents the recorded form, a certified death certificate and the other required documents and requests a new title. Joint owners: a title held in joint tenancy with right of survivorship or tenancy by the entirety passes to the survivor; a title held with 'and' requires each co-owner's signature. Small estates: the county clerk where the vehicle is registered must transfer the title to the distributee on a small estate affidavit (estates of $400,000 or less). Otherwise, the personal representative transfers the title using the letters.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.