Probate

English

Wyoming

## **General Forms Information** 

In Wyoming the [county District Court](https://www.courts.state.wy.us/district-courts/district-court-locations/ "‌") handles wills and estate matters. Wyoming does not normally provide or require standardized probate forms, so you can create your own based on statute requirements, or ask a lawyer to prepare any necessary submissions. Some forms may be available at the county level, so be sure to check with your local District Court first.

### **Affidavit for Distribution (Small Estate Affidavit)** 

The Small Estate process in Wyoming is an estate settlement option for smaller estates that bypasses the court almost entirely and usually requires only one form. The personal representative completes the Affidavit for Distribution (more generally called the Small Estate Affidavit), and submits (along with a copy of the death certificate and the will if one exists) to the county clerk to get it certified. Once certified, you can obtain possession of estate assets by presenting the affidavit to current custodians.

The Affidavit for Distribution process can generally be used if:

- The probate estate has a gross value of less than $200,000
- At least 30 days have passed since the death
- No petition has already been made to a court in WY to officially appoint a personal representative
- No real estate is involved in the probate estate

The Small Estate Affidavit process usually involves forms or affidavits such as: 

- Small WY Estate Affidavit Form 

### **Summary Administration**

Summary Administration (also known as Simplified Probate or Application for Decree of Distribution) can also be used for small estates. Summary Administration does involve the court, but the process is much more streamlined than formal probate (discussed below). This saves both time and money for the estate.

Summary Administration is often used when you cannot use a small estate affidavit because the estate contains real property, or if you simply want more court involvement so that enforcement and protection are a bit more formalized.

Summary Administration can generally be used if:

- The entire probate estate has a gross value of less than $200K
- At least 30 days have passed since the death
- No petition has already been made to a court in WY to officially appoint a personal representative

Some of the forms most commonly associated with Summary Administration include:

- Official Real Estate Appraisal (including mineral interests)
- Application for Summary Administration
- Notice of Application for Summary Administration (by newspaper publication and by mail to all known creditors and heirs/devisees)
- Affidavit of Publication (generally provided by the newspaper as documentation that the notice was published).
- Decree of Distribution (issued by the court, establishing right and title to the property. This decree will be used to collect estate assets from the current property holders.

### **Formal Probate**

Formal Probate matters typically include one or more court hearings and are generally more time intensive and more expensive than the other options mentioned above. You might need to file a Formal Probate if:

- The estate does not qualify for affidavit or summary administration (for example, if the probate estate is valued at more than $200,000)
- There are disagreements among relevant parties (including heirs, devisees, and or creditors).

Some of the forms most commonly associated with Formal Probate include:

- Petition for Probate 
- Notice of Petition for Probate (to devisees noted in the will/heirs)
- Oath of Personal Representative
- Letters Testamentary or Letters of Administration
- Bond (if needed)
- Inventory and Appraisal
- Notice to Creditors and Heirs
- Final Accounting
- Order Approving the Final Report 
- Receipt of Distribution
- Petition for Final Discharge (including Receipt of Distribution forms signed by the devisees/heirs)
- Order of Final Discharge

Wyoming Forms

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