Affidavit of Heirship in Wyoming
Whether Wyoming lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: 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… W.S. 2-9-101; 2-9-201; 2-9-202; 2-9-203; 2-1-205
| 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. |
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| 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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FAQ
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.
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.
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.