Wyoming
Wyoming Small Estate Affidavit: $400,000 Limit, Wait Time and Form
Independently fact-checked against primary sources (last audited October 8, 2026). · 7 primary sources cited on this page. How we verify our legal content
Wyoming lets an heir or beneficiary collect a deceased person's personal property with a sworn affidavit when the entire Wyoming estate is worth no more than $400,000 after liens and encumbrances. Under Wyoming Statutes (W.S.) 2-1-201, the affidavit can be used once 30 days have passed since the death, and it must be filed with the county clerk before banks and other holders have to honor it.
The affidavit reaches bank accounts, money owed to the person, belongings, stock and vehicles. It cannot transfer a house, land or mineral interests; those go through a court process called summary distribution, which uses the same $400,000 limit. For how other states compare, see our small estate affidavit rules by state.
Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Wyoming's distribution of personal property by affidavit (W.S. 2-1-201 to 2-1-203), summary distribution by court decree (W.S. 2-1-205 to 2-1-209) and collection by government creditors (W.S. 2-1-204), as shown in the 2026 Wyoming Statutes and the Wyoming Judicial Branch's small estate forms. It does not cover full probate administration, who inherits under Wyoming intestacy rules, estate tax, or the law of any other state.
Wyoming's small estate procedures at a glance
Wyoming has three routes for a small estate. Most families use the first one. The second is the route for real estate.
| Procedure | Statute | Value limit | Earliest use | Where it goes | Reaches real property? |
|---|---|---|---|---|---|
| Affidavit for distribution of personal property | W.S. 2-1-201 and 2-1-202 | Entire estate located in Wyoming, less liens and encumbrances, does not exceed $400,000 | 30 days after death | Filed with the county clerk, then presented to each holder | No |
| Decree of summary distribution | W.S. 2-1-205 to 2-1-209 | Entire estate including personal property, less liens and encumbrances, does not exceed $400,000 | 30 days after death | Application filed with the district court | Yes, including mineral interests |
| Collection by government creditors | W.S. 2-1-204 | $400,000 wherever located, less liens and encumbrances | 90 days after death | Affidavit by the government agency | Not covered here |
The third route is only for the United States, the State of Wyoming and their agencies and political subdivisions when the decedent owed them money. A private creditor, or a relative who paid for the funeral, cannot use it.
What counts toward the $400,000 limit
Under W.S. 2-1-201, the limit is measured against "the entire estate located in Wyoming subject to administration, either testate or intestate, less liens and encumbrances." Testate means there was a will; intestate means there was not. The same limit applies either way.
The court's instructions explain it in plain terms: the entire Wyoming estate, "including all of the personal property and all real property - house, land, etc. - that the person owned in Wyoming," must have been worth no more than $400,000 on the date of death, "after debts are subtracted." Property the person owned outside Wyoming is not counted.
Watch out: A house counts toward the $400,000 limit even though the affidavit cannot transfer it. If the house pushes the total over $400,000, the affidavit is not available for the bank accounts either.
The statute measures property "subject to administration." This article does not cover how jointly owned accounts, payable-on-death accounts or transfer-on-death assets are treated under the limit; the court's form does not address them. If a large part of the estate passes that way, ask the county clerk or a Wyoming lawyer how to value the estate.
Separately, W.S. 2-1-203 lets a bank pay a joint account in accordance with the contract of deposit, and pay a payable-on-death account to the named payee on proof of death. The affidavit itself reaches property held in the decedent's sole name.
The $400,000 limit and the July 1, 2025 change
The limit used to be $200,000. 2025 Enrolled Act 85 (SF0104) raised the caps in W.S. 2-1-201, 2-1-204 and 2-1-205 to $400,000, and its final section reads: "This act is effective July 1, 2025." The 2026 Wyoming Statutes and the court's forms (last revised March 2026) both show $400,000. Guides that still list $200,000 reflect the statute as it read before July 1, 2025.
The enrolled act states an effective date but, in the text we reviewed, says nothing about whether the new limit applies based on the date of death. If the person died before July 1, 2025 and the estate is worth more than $200,000, ask the county clerk or a Wyoming lawyer which limit applies before you sign. The limit is a fixed dollar figure and is not adjusted for inflation.
The 30-day waiting period
W.S. 2-1-201 allows the affidavit "not earlier than thirty (30) days after the death of a decedent." The summary distribution application under W.S. 2-1-205 has the same 30-day minimum.
Government creditors have a longer wait. Under W.S. 2-1-204, they can collect by affidavit only after 90 days.
Who can sign the affidavit
The affidavit is made by or on behalf of a "distributee." W.S. 2-1-209 says a distributee "includes any person who is a successor in interest to the decedent: (i) As an heir; (ii) As a beneficiary," and the statute also covers successors through intervening estates or through an established record of ownership. The court's form for estates without a will lists the relationships people usually claim: spouse, legal parent, legal child, grandchild, sibling or other relation.
The affidavit may be presented by the distributee's attorney. Ordinary creditors are not distributees; the only creditor procedure is the separate one for government creditors under W.S. 2-1-204.
What the affidavit must state
Under W.S. 2-1-201, the affidavit has to state, among other things:
- The entire Wyoming estate, less liens and encumbrances, does not exceed $400,000.
- At least 30 days have passed since the death.
- "No application for appointment of a personal representative is pending or has been granted in any jurisdiction in this state."
- How the person signing is related to the decedent, the legal basis for their claim (including any intervening estates), and that no other distributee has a right to succeed to the property.
- Details of any application for a personal representative made outside Wyoming.
Every statement must be true. If a personal representative has already been appointed in Wyoming, the affidavit is no longer the right tool.
How to use the affidavit, step by step
- Wait 30 days after the death.
- Total the Wyoming estate. Include the house and land, subtract debts, liens and encumbrances, and confirm the result is $400,000 or less.
- Get the official form. The Wyoming Judicial Branch's self-help forms page lists the Probate Forms for Small Estates: PPP 01 (instructions) and PPP 02 (affidavit) when there was no will, PPP 03 (instructions) and PPP 04 (affidavit) when there was a will, and PPP 05, Exhibit A (Description of Personal Property).
- Sign in front of a notary. The court's instructions say: "Do not sign this form until you are in front of a Notary."
- File it with the county clerk. The instructions say the form must be filed (or "recorded") with the County Clerk in the county where the person died, if that was in Wyoming, or in a county where some or all of the property is located. The County Clerk is not the same office as the court clerk.
- Pay the clerk's fee. The court's instructions say it is "usually around $30.00," which includes one certified copy. Confirm the current fee with the clerk before you go.
- Present a certified copy to each holder. Under W.S. 2-1-201(c), once the affidavit is filed with the county clerk and a certified copy is presented to a person holding the decedent's property, "the affidavit shall be honored."
The court's instructions say a death certificate is not required to record the affidavit, but banks and other holders may ask for one.
What the affidavit covers
W.S. 2-1-201 reaches debts owed to the decedent, tangible personal property, and instruments evidencing a debt, obligation, stock or chose in action. A holder must "pay or deliver any of the decedent's property held or on deposit in the sole name of the decedent," along with interest and dividends, and a transfer agent must re-register securities.
Vehicles
Under W.S. 2-1-201(d), "The county clerk of the county in which any vehicle is registered shall transfer title of the vehicle from the decedent to the distributee or distributees upon presentation of an affidavit." There is no separate dollar cap for the vehicle beyond the $400,000 estate limit.
Final paycheck
Final wages owed to the decedent are a debt, and W.S. 2-1-201 requires "any person indebted to the decedent" to pay on a proper affidavit. That means an employer holding a last paycheck can be asked to pay it on the affidavit. This article does not cover whether any other Wyoming rule lets an employer pay a deceased worker's wages directly to family.
Unclaimed property
Money held by the Wyoming State Treasurer is claimed through the treasurer's unclaimed property system. The treasurer's unclaimed property FAQ warns that "Deceased claims and dissolved business claims typically take longer than the estimated times shown for standard/owner claims." For searching, see Wyoming unclaimed property.
Real property is not covered
The court's instructions are direct: "This form can only be used to ask for the distribution of personal property." A house, land or mineral interests need a decree of summary distribution (below) or probate. Wyoming property records explains how to look up how a property is titled.
Debts, liability and false affidavits
The decedent's debts survive the affidavit. The court's affidavit form warns: "It is important to understand that those debts do not go away when the property is distributed. The person who receives the property may be required to pay the debts."
W.S. 2-1-202(a) protects the holder. A bank or other holder that pays on the affidavit "is discharged and released to the same extent as if he dealt with a personal representative of the decedent," and it does not have to look into whether the affidavit is true.
The person who receives the property carries the risk. Under W.S. 2-1-202(c), that person "is answerable and accountable to a personal representative of the estate or to any other person having a like or superior right." The statute sets no time limit on that.
False statements are a crime. The court's instructions warn: "If the information is not true, you might be criminally charged with perjury. Perjury is a felony punishable by imprisonment or a fine or both."
If a bank refuses to pay
If a holder refuses, the distributee can bring an action to compel payment. Under W.S. 2-1-202(b), "the court shall award reasonable attorney's fees and costs of the action to the plaintiff if the court finds that the decedent's property was not paid, delivered, transferred or issued within forty-five (45) days after presentation of the affidavit," unless the court finds just cause for the refusal.
Summary distribution for real estate and mineral interests
When the estate includes a house, land or mineral interests, Wyoming's court route is a decree of summary distribution under W.S. 2-1-205. The Wyoming Judicial Branch's small estates and summary distribution page explains: "A small estate is one where a decedent's personal AND real property is no more than $400,000, after debts are subtracted."
How it works under W.S. 2-1-205 to 2-1-209:
- When: "not earlier than thirty (30) days after the decedent's death."
- Who: the application "shall be sworn to and signed by any person claiming to be a distributee," and it must state the same facts required in the affidavit.
- Where: under W.S. 2-1-208, the application is filed with the district court in the county where the decedent lived or, if the decedent did not live in Wyoming, in a county where any part of the estate is located. The court's page says you must "pay the filing fee."
- Value proof: "The application shall have attached thereto a sworn report of value which may be based upon a broker's price opinion," prepared by a person with no legal interest in the estate.
- Notice: notice "shall be published once a week for two (2) consecutive weeks in a newspaper of general circulation in the county in which the application was filed," and mailed with a copy of the application within 10 days after the first publication to the surviving spouse, the other distributees and reasonably ascertainable creditors.
- Medicaid: if the decedent received medical assistance, "the state department of health shall be provided a copy of the application for a decree within ten (10) days after the date of first publication."
- Objections: the deadline is the later of 20 days after mailing or 30 days after first publication. "An untimely objection is forever barred." A timely objection leads to a hearing.
- Missing heirs: the applicant "shall make reasonable efforts to identify and locate all living distributees." A missing distributee's interest in real property is set over to them, and other shares may be paid to the state treasurer under the Unclaimed Property Act.
- Recording: "A certified copy of the decree shall be recorded in the office of the county clerk of each county in which the real property, including mineral interests, is located." The recorded decree is presumptive evidence of title.
The court's forms page has a summary distribution packet: PRP 01 and PRP 02 (instructions and application when there was no will), PRP 03 and PRP 04 (when there was a will), PRP 05 (Exhibit A, description of real property), PRP 06 (report of value or broker price opinion), PRP 07 (cover sheet for sending the application to the Department of Health), PRP 08 to PRP 15 (publication, missing distributee and hearing forms), and PRP 16 and PRP 17 (the decree). We did not confirm the district court filing fee; the clerk of the district court can tell you.
A materially false application is serious. Under W.S. 2-1-205, a person "knowingly swearing to a materially false statement in the application shall be subject to the appropriate penalties for perjury," and a distributee harmed by the decree may sue to amend it and for damages within 2 years after it is entered.
When to open probate instead
The affidavit is available only when every condition in W.S. 2-1-201 is met. Consider summary distribution or full probate when:
- The entire Wyoming estate is worth more than $400,000 after liens and encumbrances
- The estate includes a house, land or mineral interests that need to change hands
- A personal representative has already been sought or appointed in Wyoming
- The heirs disagree about who is entitled to the property
If the person lived in another state and the estate has already been probated and settled there, W.S. 2-11-201 offers another route for Wyoming property worth up to $400,000. A sworn petition goes to the district judge in the proper county with certified copies of the other state's probate papers and a showing that the estate's debts have been paid, and after three weeks of published notice the judge can admit those papers instead of a full Wyoming probate.
See Wyoming probate for how a full estate is opened and administered, and how probate works for the national picture.
Related
- Small estate affidavit rules by state
- Wyoming probate process
- Wyoming unclaimed property
- Wyoming property records
- Montana small estate affidavit
- Idaho small estate affidavit
Disclaimer: This article provides general legal information about Wyoming's small estate procedures under W.S. 2-1-201 to 2-1-209 (2026 Wyoming Statutes), verified on 2026-10-07. It is not legal advice. For help with a specific estate, contact the county clerk or the clerk of the district court in the county where the person lived, a legal aid office, or a lawyer licensed in Wyoming.
Last updated: 2026-10-07.
Frequently Asked Questions
What is the small estate limit in Wyoming?
Under W.S. 2-1-201, the entire estate located in Wyoming, less liens and encumbrances, must not exceed $400,000. That figure includes real property such as a house, even though the affidavit cannot transfer it.
When did the Wyoming small estate limit change to $400,000?
2025 Enrolled Act 85 (SF0104) raised the limit from $200,000 to $400,000, effective July 1, 2025. The act's text does not say whether the new limit depends on the date of death, so ask the county clerk or a lawyer if the death came before that date.
How long after death can I use a small estate affidavit in Wyoming?
No earlier than 30 days after the death, under W.S. 2-1-201. A decree of summary distribution under W.S. 2-1-205 has the same 30-day minimum.
Does a Wyoming small estate affidavit need to be filed?
Yes, with the county clerk, not the court. W.S. 2-1-201(c) says it is honored when it is filed with the county clerk and a certified copy is presented to the holder; the court's instructions say the clerk's fee is usually around $30.
Can I transfer a house with a small estate affidavit in Wyoming?
No. The court's instructions say the affidavit can only be used for personal property. A house, land or mineral interests need a decree of summary distribution under W.S. 2-1-205, recorded with the county clerk where the property is located.
Where do I get the Wyoming small estate affidavit form?
The Wyoming Judicial Branch posts forms PPP 01 through PPP 05 under Probate Forms for Small Estates on its self-help forms page, with separate versions for estates with and without a will.
How do I transfer a car title in Wyoming without probate?
Under W.S. 2-1-201(d), the county clerk of the county where the vehicle is registered transfers title to the distributee when presented with the affidavit.
What happens if I sign a false small estate affidavit in Wyoming?
The court's instructions warn you might be charged with perjury, a felony punishable by imprisonment, a fine or both. Under W.S. 2-1-202(c) you also stay answerable to a personal representative or anyone with a like or superior right to the property.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Wyoming Statutes, Title 2 - Wills, Decedents' Estates and Probate Code - Chapter 1: General Provisions - Article 2: Distribution by Affidavit and Summary Procedure
§ 2-1-201Payment of indebtedness and delivery of tangible personal property or instruments evidencing debt.In force
(a) Not earlier than thirty (30) days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or the instrument evidencing the debt, obligation, stock or chose in action to the person or persons claiming to be the distributee or distributees of the property or the attorney for the distributee or distributees, upon being presented an affidavit, filed as provided by subsection (c) of this section, made by or on behalf of the distributee or distributees stating: (i) The value of the entire estate located in Wyoming subject to administration, either testate or intestate, less liens and encumbrances, does not exceed four hundred thousand dollars ($400,000.00); (ii) Thirty (30) days have elapsed since the death of the decedent; (iii) No application for appointment of a personal representative is pending or has been granted in any jurisdiction in this state; (iv) The person or persons claiming to be a distributee or distributees are entitled to…
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
§ 2-1-202Effect; refusal to pay, deliver.In force
(a) The person having custody of the decedent's property or a holder of the decedent's property: (i) Paying, delivering, transferring or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if he dealt with a personal representative of the decedent; and (ii) Is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit. (b) If any person having custody of the decedent's property or a holder of decedent's property to whom an affidavit is delivered refuses to pay, deliver, transfer or issue any personal property or evidence thereof, the property may be recovered or its payment, delivery, transfer or issuance compelled upon proof of right in an action by or on behalf of the persons entitled thereto. If an action is brought under this subsection, the court shall award reasonable attorney's fees and costs of the action to the plaintiff if the court finds that the decedent's property was not paid, delivered, transferred or issued within forty-five (45) days after presentation of the affidavit under W.S.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
§ 2-1-205Summary procedure for distribution of personal or real property; application for decree; notice by publication; presumptive evidence of title; effect of false statements.In force
(a) If any person dies who is the owner of personal or real property, including mineral interests, but whose entire estate including personal property does not exceed four hundred thousand dollars ($400,000.00), less liens and encumbrances, the person or persons claiming to be the distributee or distributees of the decedent may file, not earlier than thirty (30) days after the decedent's death, an application for a decree of summary distribution of property. (b) The application shall be sworn to and signed by any person claiming to be a distributee and shall state the facts required by W.S. 2-1-201(a)(i) through (v). The application shall also fully describe any real property, including any mineral interests, being claimed. (c) The application shall have attached thereto a sworn report of value which may be based upon a broker's price opinion as defined by W.S. 33-28-102(b)(lxii), made by a person who has no legal interest in the estate, showing the value on the date of the decedent's death of all interests owned by the decedent in real property located in Wyoming, including mineral interests.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
§ 2-1-206Proof of publication and service; filing with clerk.In force
(a) The proof of publication of the notice required under W.S. 2-1-205(d) shall be by affidavit of the publisher. (b) The proof of service under W.S. 2-1-205(d) shall be signed by a distributee who signed the application or his attorney and shall state the name and address of the person served and the manner of service. (c) The affidavit for proof of publication and the proof of service shall be filed with the clerk of court prior to the court taking action on the application. (d) Proof of service by a distributee shall be signed under penalty of perjury.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
§ 2-1-204Collection of claims of certain creditors of decedent by affidavit.In force
(a) Not earlier than ninety (90) days after the death of a decedent, the United States, or any agency or instrumentality thereof, or the state of Wyoming, or any agency, instrumentality or political subdivision thereof, to whom the decedent was indebted or to whom the decedent's estate would be indebted if the estate were being administered upon, may collect all of the assets of the decedent referred to in W.S. 2-1-201, upon presentation of an affidavit to the parties referred to in W.S. 2-1-201, stating: (i) The value of the entire estate, wherever located, less liens and encumbrances, does not exceed four hundred thousand dollars ($400,000.00); (ii) Ninety (90) days have elapsed since the death of the decedent; (iii) No application for appointment of a personal representative is pending or has been granted in any jurisdiction; (iv) To the best knowledge of the affiant, no affidavit pursuant to W.S. 2-1-201, in connection with the decedent, has been presented to any party referred to in W.S.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
§ 2-1-203Deposits by minors or persons under a disability; joint and trust deposits; pay-on-death accounts.In force
(a) Deposits by minors or other persons under a legal disability may be paid on the order of the depositor and the payments are legally valid. (b) Any portion of a deposit by two (2) or more persons payable to either or any depositor, or to the survivor of the depositors, and interest or dividends thereon, may be paid in accordance with the contract of deposit. The receipt of the payment by the person paid is a valid and sufficient release and discharge to the financial institution for any payment made. (c) Any portion of a deposit by any person in trust for another and interest or dividends thereon, in the absence of other written notice to the financial institution of the existence and terms of a legal and valid trust, may be paid to the persons for whom the deposit was made in the event of death of the depositor. (d) Any payable on death (P.O.D.) account may be paid, on request, to any original party to the account. Payment may be made, on request, to the P.O.D. payee or in equal proportions to multiple P.O.D. payees upon presentation to the financial institution of proof of death showing that the P.O.D. payee or payees survived all persons named as original payees.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
Wyoming Statutes, Title 2 - Wills, Decedents' Estates and Probate Code - Chapter 18: Nontestamentary Transfer on Death of Real Property
§ 2-18-103Transfer on death deed.In force
(a) A deed or title that conveys an interest in real or titled property, including any debt secured by a lien on the real or titled property, to a grantee beneficiary designated by the owner and that expressly states that the deed or title is effective on the death of the owner transfers the deceased owner's interest to the grantee beneficiary designated by name in the transfer on death deed or title effective on the death of the owner, subject to all conveyances, assignments, contracts, mortgages, deeds of trust, liens, security pledges, and other encumbrances made by the owner or to which the owner was subject during the owner's lifetime. The grantee beneficiary also takes title subject to any interest in the property of which the grantee beneficiary has either actual or constructive notice. (b) A transfer on death deed may designate multiple grantees who take title as joint tenants with right of survivorship, tenants in common, or any other tenancy that is valid under the laws of this state. (c) A transfer on death deed may designate a successor grantee beneficiary.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
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Sources and References
- Wyoming Statutes Title 2, Chapter 1, Article 2 (W.S. 2-1-201 to 2-1-209), 2026 Wyoming Statutes(wyoleg.gov).gov
- Wyoming Legislature, 2025 Enrolled Act 85 (SF0104)(wyoleg.gov).gov
- Wyoming Judicial Branch, Self-Help Forms (Probate Forms for Small Estates)(wyocourts.gov).gov
- Wyoming Judicial Branch, PPP 01 Instructions: Distribution of Personal Property (Intestate)(wyocourts.gov).gov
- Wyoming State Treasurer, Unclaimed Property FAQ(statetreasurer.wyo.gov).gov
- Wyoming Judicial Branch, PPP 02 Affidavit for Distribution of Personal Property (Intestate)(wyocourts.gov).gov
- Wyoming Judicial Branch, Small Estates and Summary Distribution(wyocourts.gov).gov
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