Wyoming Probate and Intestate Succession: What Happens Without a Will (2026)

Wyoming probate runs through the District Court sitting in probate, the same court that hears general civil matters, and in July 2025 the state significantly raised its small estate threshold from $200,000 to $400,000.

Information last verified on 2026-07-16. This article has not yet been reviewed by a licensed lawyer.

How Probate Works in Wyoming

Wyoming does not have a separate probate court. The Wyoming Constitution and Wyo. Stat. § 2-2-101 give the district courts exclusive original jurisdiction over probate and estate matters, and Title 2 of the Wyoming statutes sometimes refers to the district court acting in that capacity as "the probate court," but it remains the same court that handles general civil litigation in that judicial district.

Wyoming has not adopted the Uniform Probate Code's formal-versus-informal administration structure, but it does provide two simplified paths for smaller estates instead of routing every case through full district-court-supervised administration. The first is a pure Small Estate Affidavit, available for personal property only, filed with the county clerk with no court proceeding required at all. The second is a Summary Distribution decree, which covers both real and personal property. It requires an application filed with the district court, two consecutive weekly newspaper publications of notice, and mailed notice to the surviving spouse, heirs, and known creditors; the court issues a decree distributing the estate if no objections are filed. Estates above the small-estate threshold, or that do not fit either simplified mechanism, go through standard district-court-supervised probate administration.

Creditor timing in Wyoming is straightforward: claims must be filed within three months of the date of first publication of the notice of admission of the will, or of the estate, to probate, under Wyo. Stat. § 2-7-201. Claims not timely filed are forever barred unless the court otherwise allows or pays them.

Intestate Succession in Wyoming: Who Inherits Without a Will

Wyoming's intestate succession statute, Wyo. Stat. § 2-4-101, uses a mechanism genuinely different from many other states, including West Virginia's blended-family tiers. If the decedent leaves a spouse and children or descendants of children, the spouse takes one-half of the estate and the remaining half passes to the children or their descendants. That 1/2-1/2 split applies regardless of whether the children are also the surviving spouse's children, because Wyoming's statute does not distinguish blended-family children the way some other states do. A spouse with stepchildren who were never the decedent's own still splits the estate 1/2-1/2 with those children under Wyoming law, the same as a spouse whose children are shared with the decedent.

If the decedent leaves a spouse but no children or descendants, the spouse takes the entire estate. If there is no surviving spouse and no children or descendants, the estate passes to the decedent's father, mother, brothers, and sisters, along with the descendants of any deceased sibling, who collectively take their deceased parent's share, per stirpes, in equal parts. If none of those relatives survive, the estate passes to grandparents, aunts, uncles, and their descendants, again collectively by branch in equal parts, before the estate would ultimately escheat to the state if no qualifying heir can be found. Wyoming is an ordinary common-law separate-property state, not a community-property state, and § 2-4-101 also abolishes dower and curtesy as part of the same provision.

A will changes who inherits, but it does not give a Wyoming testator unlimited control over what a surviving spouse receives. Under Wyo. Stat. § 2-5-101, a spouse who is left less than the elective share may petition to take one-half (1/2) of the property disposable under the will if there are no surviving issue of the decedent, or if the spouse is also a parent of any of the surviving issue, and one-fourth (1/4) if the spouse is not the parent of any surviving issue. This is the one place Wyoming does draw the blended-family distinction that its intestacy statute ignores.

The petition must be filed within three months after the will is admitted to probate, or within thirty days after the spouse is advised of the right of election, whichever limitation expires last, under Wyo. Stat. § 2-5-105. If that deadline passes, or the right was waived in a written agreement under Wyo. Stat. § 2-5-102, the will governs and controls distribution of the estate. For a spouse left less than the elective share, ask a Wyoming probate lawyer for a free case evaluation on the election petition before that deadline passes (attorney advertising). Homestead allowance, exempt property and family allowance under Wyo. Stat. § 2-5-103 are available whether or not the spouse elects.

One way to direct your property to the people you actually choose, rather than leaving it to Wyoming's intestate succession order, is to have a valid will in place, subject to that spousal elective share. recordinglaw.com's free Wyoming Last Will and Testament Generator can help you create one, with no account required.

Small Estate and Simplified Probate in Wyoming

Wyoming's small estate threshold is now $400,000, combining real and personal property net of debts. That figure took effect July 1, 2025 through Wyoming SF0104, which raised it from the prior $200,000 threshold; readers relying on older sources should watch for the stale $200,000 figure, since it no longer reflects current law. A 30-day waiting period after death applies before filing under either simplified mechanism. If you prepare the Small Estate Affidavit yourself, PDFelement can turn a Word draft into a PDF, though that does not make the affidavit valid and the county clerk decides what it accepts. For thresholds, waiting periods and forms, see our guide to the Wyoming small estate affidavit.

The Small Estate Affidavit covers personal property only. It is filed directly with the county clerk, involves no court proceeding, and is the faster of the two options for qualifying estates. The Summary Distribution decree covers both real and personal property but requires more process: a district court application, two consecutive weeks of published notice, and mailed notice to the surviving spouse, heirs, and known creditors within 10 days of the first publication. The court issues a distribution decree once the notice period runs if no objections are filed.

Estate and Inheritance Tax in Wyoming

Wyoming levies no state estate tax, no state inheritance tax, and no state gift tax. Only the federal estate tax can apply to a Wyoming estate, and only above the federal exemption. Combined with the state's absence of an income tax generally, this makes Wyoming one of the more tax-favorable states for a decedent's estate and heirs.

Do You Need a Probate Attorney?

Wyoming's Small Estate Affidavit is built to be usable without an attorney for qualifying estates under the $400,000 threshold. An attorney becomes more important for a Summary Distribution filing, which involves the district court, published notice, and a formal decree, and is essential for full district-court-supervised administration, a likely will contest, an estate with a business interest, or a blended family navigating Wyoming's flat 1/2-1/2 split between spouse and children. See Probate by State for how Wyoming's approach compares to other states.

Disclaimer

This article provides general information about probate and intestate succession in Wyoming as of the verification date above. It is not legal advice and does not create an attorney-client relationship. It is not a substitute for advice from a probate attorney licensed in Wyoming, particularly for a contested estate, a business interest, a blended family, or an estate large enough to raise federal estate tax questions. Figures, thresholds, and program details change; verify current details directly with the official source before relying on any figure here.

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Last updated: 2026-07-16. Figures and statutes cited reflect their in-force version as of 2026-07-16.

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Frequently Asked Questions

What court handles probate in Wyoming?

The District Court, sitting in probate. Wyo. Stat. § 2-2-101 gives district courts exclusive original jurisdiction over probate and estate matters; there is no separate probate court.

What happens if you die without a will in Wyoming?

Under Wyo. Stat. § 2-4-101, a surviving spouse and the decedent's children split the estate 1/2-1/2, regardless of whether the children are also the spouse's. If there are no children, the spouse takes the entire estate.

What is the small estate limit in Wyoming?

$400,000, combining real and personal property net of debts, effective July 1, 2025 under Wyoming SF0104. This raised the prior threshold from $200,000, so older sources citing $200,000 are outdated.

Does Wyoming have an inheritance tax or estate tax?

No. Wyoming levies no state estate tax, no state inheritance tax, and no state gift tax. Only the federal estate tax can apply, above the federal exemption.

How long do creditors have to file a claim against a Wyoming estate?

Three months from the date of first publication of the notice of admission of the estate to probate, under Wyo. Stat. § 2-7-201. Claims not timely filed are generally barred.

Does a surviving spouse get everything in Wyoming if there's no will?

Only if the decedent has no children or descendants. If there are children or descendants, the spouse takes one-half of the estate and the children take the other half, regardless of whether the children are the spouse's own.

What is the difference between a Small Estate Affidavit and Summary Distribution in Wyoming?

A Small Estate Affidavit covers personal property only and is filed with the county clerk with no court proceeding. Summary Distribution covers both real and personal property, requires a district court filing, published notice, and a court decree.