How Probate Works 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.

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.

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.

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.

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.

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.