How to Make a Valid Will in Wyoming
What Wyoming law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: 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. W.S. 2-6-101; W.S. 2-6-112
| 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 |
|---|---|
| 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 |
More Wyoming estate law
- Medical Power of Attorney in Wyoming
- Small Estate Affidavit in Wyoming
- Power of Attorney in Wyoming
- Quitclaim Deeds and Transferring Property in Wyoming
- Who Inherits If You Die Without a Will in Wyoming
- How Probate Works in Wyoming
- Living Wills and Advance Directives in Wyoming
- Revocable Living Trusts in Wyoming
- Executor Duties in Wyoming
- Letters Testamentary in Wyoming
- Affidavit of Heirship in Wyoming
- How to Avoid Probate in Wyoming
- Transferring a Car After Someone Dies in Wyoming
- All Wyoming wills, probate and estate rules
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.
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.