Someone died in Wyoming.
Do you need probate?

First: both small-estate limits are now $400,000 (July 1, 2025). Senate File 0104 (Enrolled Act 85) amended Wyo. Stat. §§ 2-1-201 and 2-1-205, raising each from $200,000 to $400,000. The two tracks are no longer split by dollar amount — they are split by asset type. Personal property only? Use the no-court affidavit (§ 2-1-201). Real estate or mineral interests in the mix? Use the Summary Distribution decree (§ 2-1-205), which transfers title through a recorded court order. Either way the ceiling is $400,000 net of liens.

Second: Summary Distribution actually moves real estate. Unlike a bare affidavit, § 2-1-205 is a streamlined District Court proceeding: the distributee files a sworn application with a report of value (a broker's price opinion is allowed), publishes notice, and — if no one objects — the court enters a decree establishing title that is recorded with the county clerk and stands as presumptive evidence of title. This is what lets Wyoming families transfer ranch land and mineral royalties without full probate.

Third: no state death taxes and no state income tax. Wyoming levies no estate tax, no inheritance tax, and no income tax (the last is constitutionally prohibited under Art. 15, § 18). There are no Wyoming state tax returns to file during administration — only federal filings, and the federal estate tax reaches only estates above roughly $15 million per person in 2026.

How Wyoming compares to its neighbors on the features that matter most in probate:

Here's how Wyoming's four tracks compare:

Wyoming enacted its Transfer-on-Death deed law in 2013 (Wyo. Stat. §§ 2-18-101 through 2-18-106 — the Nontestamentary Transfer on Death of Real Property Act; the deed itself is § 2-18-103). The TOD deed works like its counterparts in Montana, Colorado, and other states: you record the deed with the county clerk before you die, naming a beneficiary. The deed has no effect during your lifetime — you remain the full owner and can sell, mortgage, or revoke it freely. At death, the beneficiary records an affidavit of death along with a certificate of clearance from the Wyoming Department of Health at health.wyo.gov to clear title. No court, no personal representative, no probate.

One key point: a Wyoming TOD deed cannot be revoked or overridden by your will. If your will says "my house goes to my son John" but you previously recorded a TOD deed naming your daughter Jane, Jane gets the property. The TOD deed controls. To change the beneficiary, you must record a new TOD deed or a formal revocation with the county clerk.

Tenancy by the entirety — creditor protection + survivorship for married couples

Wyoming recognizes tenancy by the entirety for married couples (Wyo. Stat. § 34-1-140). Under § 34-1-140(b), a conveyance to a married couple described as "husband and wife," "spouses," or similar is presumed to create a tenancy by the entirety unless the instrument states otherwise. This co-ownership form provides two advantages regular joint tenancy doesn't:

Automatic survivorship: when one spouse dies, the other automatically owns the property — no probate, no court.

Creditor protection: a creditor of only one spouse generally cannot force sale of entireties property to collect that spouse's individual debt. Both spouses must be obligated for a creditor to reach entireties property. This is a meaningful shield for Wyoming families where one spouse has business debts or personal liability.

Wyoming also allows married couples to transfer entireties property into a revocable trust while preserving the entireties creditor protection — a sophisticated planning tool that avoids both probate and individual-spouse creditor claims (Wyo. Stat. § 4-10-402(c)).

Wyoming Domestic Asset Protection Trust — a unique planning tool

Wyoming was one of the first states to enact Domestic Asset Protection Trust (DAPT) legislation, in 2007. A Wyoming DAPT lets you create an irrevocable trust naming yourself as a beneficiary while still protecting the assets from most creditors after a seasoning period. Families with significant oil/gas royalties, ranching operations, or professional-liability concerns sometimes use Wyoming DAPTs as part of an overall estate and asset-protection plan. A Wyoming trust attorney can explain whether this is appropriate for your situation. Find a qualified estate attorney at the Wyoming State Bar at wyomingbar.org.

The two shortcut tracks share the same $400,000 ceiling but differ in mechanism:

Personal property affidavit (Wyo. Stat. § 2-1-201): Works only for personal property (bank accounts, vehicles, stocks, personal effects) — not real estate. No court filing required. Present the notarized affidavit plus a death certificate to the institution holding the assets, no earlier than 30 days after death. The limit is $400,000 for the entire Wyoming estate subject to administration, less liens and encumbrances (raised from $200,000 on July 1, 2025).

Summary distribution (Wyo. Stat. § 2-1-205): Covers the entire estate including real estate and mineral rights up to $400,000 (as of July 1, 2025). File an Application for Decree of Summary Distribution with the District Court (not earlier than 30 days after death), attach a sworn report of value for any real property (a broker's price opinion is allowed), publish notice once a week for two consecutive weeks, and mail notice to the surviving spouse, distributees, and reasonably ascertainable creditors within 10 days of first publication. An objection must be filed by the later of 20 days after mailing or 30 days after first publication. If no one objects, the court enters a decree establishing title; a certified copy is recorded with the county clerk of each county where the real property lies and is presumptive evidence of title.

Summary distribution forms are available through the Wyoming court self-help center at courts.state.wy.us. Free assistance is available through Wyoming Legal Services at wyolegalservices.org for qualifying families.

Wyoming sets attorney fees for probate by statute (Wyo. Stat. § 2-7-804): 10% of the first $1,000 of estate value; 5% of the next $4,000 (through $5,000); 3% of the amount from $5,000 to $20,000; and 2% of everything above $20,000. Courts may allow additional fees for "extraordinary services" beyond routine administration, and the personal representative may receive the same statutory percentage as compensation.

Mineral rights — Wyoming's most distinctive probate asset

Wyoming's oil, gas, and coal mineral interests are real property under state law and among the most common and financially significant probate assets in the state. Key points for mineral-right holders:

Mineral rights can be transferred by TOD deed. A Wyoming TOD deed under Wyo. Stat. §§ 2-18-101–106 works for mineral interests — you can name a beneficiary for subsurface mineral rights just as you would for surface real estate, avoiding probate for those interests.

Severed mineral interests complicate appraisals. When mineral rights have been severed from surface ownership (common in Wyoming's energy counties — Sublette, Campbell, Fremont, Hot Springs, Park), appraising them requires a royalty-income analysis and production records, not a standard real-estate appraisal. The Wyoming Oil and Gas Conservation Commission at wogcc.wyo.gov and the Wyoming Office of State Lands and Investments maintain relevant records.

After transferring mineral interests — whether by probate deed, TOD deed, or summary distribution decree — update ownership records with the WOGCC and the county assessor so royalty payments flow to the new owner. Unreported ownership changes can result in unclaimed royalties.

Note: Wyoming is not a community property state. Unlike Idaho, Arizona, California, or Washington, there is no automatic 50/50 ownership of marital assets during marriage. A spouse's inheritance rights depend on what the will says or, without a will, on the intestate formula above — which is why a will and TOD deeds matter for Wyoming couples who want assets to pass to each other rather than being split with the decedent's children.

Wyoming's elective share (Wyo. Stat. § 2-5-101) protects a surviving spouse from disinheritance: a spouse may elect against the will to take a statutory share of the decedent's estate — one-half (1/2) if there is no surviving issue of the decedent or if the surviving spouse is a parent of any surviving issue, and one-fourth (1/4) if the surviving spouse is not a parent of any of the decedent's surviving issue. The election must be made within the statutory period after the will is admitted to probate. A surviving spouse who believes they were left less than their elective share should consult a Wyoming estate attorney promptly. Contact the Wyoming State Bar Lawyer Referral Service.

Wyoming is not a UPC state — no informal probate. Some guides claim Wyoming adopted the Uniform Probate Code. It did not. Wyoming administers estates under its own Wyoming Probate Code in Title 2. Full probate requires court involvement and a personal-representative appointment, which is why the $400,000 summary distribution (§ 2-1-205) and personal property affidavit (§ 2-1-201) are so valuable for Wyoming families.

Holographic wills are valid. Under Wyo. Stat. § 2-6-113, a will entirely in the testator's own handwriting and signed is valid without witnesses. For ranch families with longstanding written instructions this can matter — but holographic wills are easier to challenge and harder to probate than formally witnessed wills. If you find a handwritten document that may be a will, present it to the District Court rather than setting it aside.

Surety bond is required unless waived. In full probate, the personal representative must post a surety bond (Wyo. Stat. § 2-7-301) unless the will expressly waives it or all distributees agree. Bond protects heirs from personal-representative misconduct; many Wyoming wills waive it for named executors to save cost.

Wyoming Dynasty Trust — Rule Against Perpetuities eliminated (2025). Wyoming's 2025 legislation eliminated the Rule Against Perpetuities for noncharitable trusts under the Wyoming Uniform Trust Code. A Wyoming dynasty trust can now last indefinitely, passing wealth across generations without estate tax at each generation (via generation-skipping structures) — making Wyoming a leading domestic trust jurisdiction alongside South Dakota and Nevada.

Wyoming Domestic Asset Protection Trust (DAPT). Since 2007, Wyoming has allowed self-settled asset-protection trusts — you can be a beneficiary of your own irrevocable trust and still shield the assets from most creditors after a seasoning period. Wyoming DAPTs are common among oil and gas operators, ranchers, and professionals with liability exposure. The Wyoming Uniform Trust Code governs (Wyo. Stat. § 4-10-101 et seq.).

Vehicle transfers after death. Wyoming vehicles that pass by will or intestacy (not TOD or JTWROS) go through probate. The Wyoming DOT Motor Vehicle Services handle title transfers after probate closes or a summary distribution decree issues.

Medicaid estate recovery. If the decedent received Wyoming Medicaid long-term care benefits, the Wyoming Department of Health has estate-recovery authority. In a summary distribution, the department must be provided a copy of the application within 10 days of first publication (Wyo. Stat. § 2-1-205(e)). See the Wyoming Department of Health Medicaid program.