Small Estate Affidavit 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.

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.