Wyoming Will and Trust Laws: Witnesses, Holographic Wills (2026)

Under Wyoming law, any person of legal age (18) and sound mind may make a will (W.S. 2-6-101, 14-1-101). A will must be in writing or typewritten, witnessed by two competent witnesses, and signed by the testator or by another person in the testator's presence and at the testator's express direction (W.S. 2-6-112(a)), unless it is a holographic will entirely in the testator's handwriting and signed by the testator (2-6-113). No notary is required. Living trusts are governed by Wyoming's Uniform Trust Code, W.S. 4-10-101 and following.

Since July 1, 2023, Wyoming has also allowed will witnesses to appear by audio-video technology (2-6-112(b)), which puts it among the wills and trusts laws by state with a remote option written into the will statute itself.

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Wyoming statutes on making, signing, proving, changing and revoking wills (W.S. Title 2, chapter 6), the spouse's elective share (chapter 5), and revocable living trusts (Title 4, chapter 10, the Uniform Trust Code). It does not cover what happens when someone dies without a will or how estate administration works (see Wyoming probate), small-estate procedures (see the Wyoming small estate affidavit page), powers of attorney (see Wyoming power of attorney laws), or taxes. A living will is a health-care directive, not a will; see the Wyoming advance directive tool.

What makes a will valid in Wyoming?

Section 2-6-101 sets capacity: "Any person of legal age and sound mind may make a will and dispose of all of his property by will except what is sufficient to pay his debts, and subject to the rights of the surviving spouse and children." Legal age is 18: under W.S. 14-1-101(a), "Upon becoming eighteen (18) years of age, an individual reaches the age of majority."

The form rule is in section 2-6-112(a):

"Except as provided in W.S. 2-6-113, all wills to be valid shall be in writing, or typewritten, witnessed by two (2) competent witnesses and signed by the testator or by some person in his presence and by his express direction." (W.S. 2-6-112(a))

The statute's requirements are short:

• A writing. The will is "in writing, or typewritten."
• Two competent witnesses. "Any person generally competent to be a witness may act as a witness to a will" (2-6-115). If the witnesses are competent when they attest, "their subsequent incompetency shall not prevent the probate and allowance of the will" (2-6-112(a)).
• The testator's signature, or a signature by another. Another person may sign for the testator, in the testator's presence and by the testator's express direction.

Section 2-6-112(a) does not require a notary, and its text does not add rules about the order of signing or about the witnesses signing in each other's presence.

Witnesses who take a gift under the will

The same subsection limits gifts to witnesses: "No subscribing witness to any will can derive any benefit therefrom unless there are two (2) disinterested and competent witnesses to the same, but if without a will the witness would be entitled to any portion of the testator's estate, the witness may still receive the portion to the extent and value of the amount devised" (2-6-112(a)).

Wills signed in another state or country

Under W.S. 2-6-116, "A written will is valid if executed in compliance with W.S. 2-6-112 or 2-6-113 or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national."

Witnessing a will by video

Since July 1, 2023, under the act that added subsection (b) (2023 Enrolled Act 83, Senate File 99), section 2-6-112(b) provides:

"Witnesses to a will may appear in person or by the use of audio-video communication technology, provided that the witnesses can see and hear the testator in real time, have the opportunity to judge the competency of the testator, have the ability to securely sign the will electronically and can determine that the testator is freely and voluntarily signing and executing the will." (W.S. 2-6-112(b))

Each condition applies to every remote witness:

1. The witness can see and hear the testator in real time.
2. The witness has the opportunity to judge the testator's competency.
3. The witness has the ability to securely sign the will electronically.
4. The witness can determine that the testator is freely and voluntarily signing and executing the will.

The subsection does not require a supervising attorney or a notary for the witnessing itself. The self-proving procedure in 2-6-114, described next, still runs through an officer authorized to administer oaths.

Title 2, chapter 6 does not contain a separate electronic-wills act with rules for executing or keeping a will that exists only in electronic form. Subsection (b) speaks to how witnesses appear and sign.

Does a Wyoming will need to be notarized? Self-proving wills

No. Section 2-6-112 does not require a notary. Notarization is part of the optional self-proving procedure in W.S. 2-6-114(a): "Any will may be simultaneously executed, attested and made self-proven, by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state where execution occurs and evidenced by the officer's certificate under official seal." The section sets out the form; this page does not reproduce it.

The payoff is at probate: "A will executed in compliance with W.S. 2-6-114 shall be probated without further proof" (2-6-204).

Are handwritten (holographic) wills valid in Wyoming?

Yes. Under W.S. 2-6-113, "A will which does not comply with W.S. 2-6-112 is valid as an holographic will, whether or not witnessed, if it is entirely in the handwriting of the testator and signed by the hand of the testator himself."

Two conditions carry the weight: the will must be entirely in the testator's handwriting, and the testator must sign it with his or her own hand. A will that is typed or partly typed must meet the two-witness rule in 2-6-112. Section 2-6-113 does not require the will to be dated.

A separate rule covers a list of personal items. Under 2-6-124(a), a will may refer to a written statement or list disposing of tangible personal property not otherwise specifically disposed of by the will, other than "money, evidences of indebtedness, documents of title, securities and property used in trade or business." To be admissible, the writing must be dated, be in the testator's handwriting or signed by the testator, and describe the items and devisees with reasonable certainty.

Are oral (nuncupative) wills valid?

No. Section 2-6-112(a) requires a will to be "in writing, or typewritten," section 2-6-113 requires a holographic will to be entirely in the testator's handwriting, and chapter 6 of Title 2 contains no provision for an oral will.

No harmless-error rule

Chapter 6 of Title 2 contains no harmless-error or dispensing-power section of the kind some states use to save a will that does not meet the signing rules. A will is valid if it meets 2-6-112, 2-6-113 or the out-of-state rule in 2-6-116.

Changing or revoking a Wyoming will

Methods of revocation

Under W.S. 2-6-117(a), a will or any part of it is revoked:

• "By a subsequent will which revokes the prior will or part expressly or by inconsistence"; or
• "By being burned, torn, cancelled, obliterated or destroyed with the intent and for the purpose of revoking it by the testator or by another person in his presence and by his direction."

Divorce: wills, trusts and beneficiary designations

Section 2-6-125 took effect July 1, 2023 (2023 Enrolled Act 70, Senate File 100, Laws 2023, ch. 140). The same act repealed the former divorce section, 2-6-118, and provides that it applies "to all wills and revocable governing instruments as defined in section 1 of this act that are in effect before, on and after the effective date of this act."

Wyoming's divorce rule reaches every "governing instrument," which section 2-6-125(a)(iii) defines as "an instrument executed by a divorced person before the divorce or annulment of the marriage to the person's former spouse that the divorced person could have revoked or amended." The section's own title describes it as covering "probate and nonprobate transfers."

Under 2-6-125(b), unless the express terms of a governing instrument provide for the disposition to a former spouse after divorce, or a governing law, court order or contract relating to the division of the marital estate states otherwise, the divorce or annulment "shall immediately":

• Revoke any revocable disposition or appointment of property made to the former spouse in a governing instrument, and any revocable disposition or appointment created by law or in a governing instrument to a relative of the former spouse;
• Revoke any revocable provision conferring a general or special power of appointment on the former spouse or a relative of the former spouse;
• Revoke any revocable nomination of the former spouse or a relative of the former spouse "to serve in any fiduciary or representative capacity including a personal representative, executor, trustee, conservator, agent or guardian"; and
• Sever the former spouse's interests in property held with the divorced person as joint tenants with right of survivorship or as tenants by the entirety, turning them into tenancies in common.

Provisions revoked solely by the section "shall be revived upon the divorced person's remarriage to the former spouse unless revival is specifically prohibited by a prenuptial or other written agreement signed by both parties" (2-6-125(e)).

Federal law limits this rule for some plans. For employer benefit plans governed by ERISA, the U.S. Supreme Court held in Egelhoff v. Egelhoff, 532 U.S. 141 (2001), that federal law pre-empts a state statute revoking a spouse's beneficiary designation on divorce, as applied to those plans (see the wills and trusts hub for the federal layer).

Marriage and other life changes

Section 2-6-125(f) closes the list: "No change of circumstances other than as described in this section revokes a will." Marriage or the birth of a child after the will does not revoke it.

Limits on what a Wyoming will can do

Spouse's elective share. Under W.S. 2-5-101(a), if a married person domiciled in Wyoming by will deprives the surviving spouse of more than the elective share of "the property which is subject to disposition under the will," reduced by funeral and administration expenses, homestead allowance, family allowances and exemption, and enforceable claims, the spouse may elect:

• "One-half (1/2) if there are no surviving issue of the decedent, or if the surviving spouse is also a parent of any of the surviving issue of the decedent"; or
• "One-fourth (1/4), if the surviving spouse is not the parent of any surviving issue of the decedent."

The election is made by filing a petition in the court and mailing or delivering it to the personal representative "within three (3) months after the admission of the will to probate or within thirty (30) days after being advised of the right of election, whichever limitation last expires." If no petition is filed in time, "the will governs and controls the distribution of the estate" (2-5-105(a)).

Children born after the will and spouses married after it. Chapters 4, 5 and 6 of Title 2 contain no section giving a child born or adopted after the will, or a spouse married after it, an automatic share when the will leaves them out. A spouse married after the will has the elective share described above.

Gifts to relatives who die first. Under 2-6-106, if a devisee who is "a grandparent or a lineal descendent of a grandparent of the testator" is dead when the will is executed, fails to survive the testator, or is treated as having predeceased, "the issue of the deceased devisee take in place of the deceased devisee."

Simultaneous deaths. Wyoming's simultaneous death statute applies where "there is no sufficient evidence that the persons have died otherwise than simultaneously," in which case "the property of each person shall be disposed of as if he had survived," except as the act provides otherwise (2-13-103). The statute sets no fixed survival period in hours.

A person who kills the decedent. Under 2-14-101(a), a person who "feloniously takes or causes or procures another to take the life of another" may not inherit or take by devise from the deceased, take survivorship property, take by beneficiary or transfer-on-death designation, or serve as personal representative, executor, trustee or agent.

No-contest clauses. Titles 2 and 4 contain no section on no-contest (in terrorem) clauses. In Dainton v. Watson, 658 P.2d 79 (Wyo. 1983), the Wyoming Supreme Court affirmed the forfeiture of a sister's bequest under a will's no-contest clause after her will contest failed. The court applied the clause as written because it "did not exempt those who challenged the will in good faith and with probable cause from its provisions," and declined to adopt the Uniform Probate Code's probable-cause rule (section 3-905), stating that adopting such a rule is for the legislature.

How intestate shares are calculated is covered on the Wyoming probate page.

After death: delivering the will

Under W.S. 2-6-119(a), "Every custodian of a will, within ten (10) days after receipt of information that the maker thereof is dead, shall deliver the same to the clerk of the district court having jurisdiction of the estate or to the executor named therein." A person who fails to comply is "responsible for all damages sustained by anyone injured thereby," and a person who neglects or refuses to obey a court order to produce a will "may be punished by the court for contempt" (2-6-119(b)).

Revocable living trusts in Wyoming

The Uniform Trust Code

Title 4, chapter 10 "may be cited as the Uniform Trust Code" (W.S. 4-10-101). Under 4-10-1103(a), except as otherwise provided, the act "applies to all trusts created on or after July 1, 2003," and its rules of administration, construction or presumption do not apply to trust instruments executed before July 1, 2003, unless subsection (c), (d) or (e) of that section applies.

Creating a trust

Section 4-10-403(a) lists the requirements for creating a trust. Among them, "The trust has a definite beneficiary" (or is a charitable, animal-care or permitted noncharitable purpose trust), "The trustee has duties to perform," and "The same person is not the sole trustee and sole beneficiary."

The code states no witness or notary requirement for a living trust, and a written instrument is not always needed: "Except as required by a statute other than this act, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence" (4-10-408).

Capacity

Under 4-10-601, "The capacity required to create, amend, revoke or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will."

Revocable unless the trust says otherwise

Section 4-10-602(a) states: "Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust." That rule applies to trusts governed by the code, which under 4-10-1103 means trusts created on or after July 1, 2003, except as that section otherwise provides.

Section 4-10-602(c) sets the method. The settlor may revoke or amend a revocable trust by substantial compliance with a method in the trust, or, "If the terms of the trust do not provide a method, or the method provided in the trust is not made exclusive," by:

• "A statement expressly amending or revoking the trust in a writing signed by the settlor or in the settlor's will"; or
• "Any other method manifesting clear and convincing evidence of the settlor's intent."

An agent under a power of attorney may exercise the settlor's powers to revoke or amend "only to the extent expressly authorized by the terms of the trust or the power of attorney" (4-10-602(e)). A conservator (or, if none has been appointed, a guardian) may do so "only with the approval of the court supervising the conservatorship or guardianship and finding that it meets the settlor's purpose or intent in establishing the trust" (4-10-602(g)).

For a trust created or funded by more than one settlor, the community-property portion may be revoked by either spouse alone but amended only by both, and for other property, "each settlor may revoke the trust with regard to the portion of the trust property attributable to that settlor's contribution; however, the trust may only be amended by joint action of all settlors" (4-10-602(b)).

Creditors

Under 4-10-506(a)(i), whether or not the trust has a spendthrift provision, "During the lifetime of the settlor, the property of a revocable trust contributed by the settlor, and all income and appreciation thereon and proceeds thereof, is subject to claims of the settlor's creditors."

Certification or affidavit of trust

Under 4-10-1014(a), "Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification or affidavit of trust," stating that the trust exists and the date the instrument was executed, the settlor, the current trustee and address, the trustee's pertinent powers, whether the trust is revocable and who holds a power to revoke it, cotrustee signing authority, the taxpayer identification number (optional) and the manner of taking title to trust property.

After the settlor dies: notice and the contest deadline

Unless the trust instrument specifically directs, limits or waives the requirement, the trustee must, "Within sixty (60) days after the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise," notify the qualified beneficiaries of the trust's existence, the identity of the settlor, the right to request a copy of the trust instrument and the right to a trustee's report (4-10-813(b)(iii)).

The contest deadline is in 4-10-604(a). Subject to the rights of persons dealing with a fiduciary under 4-10-1013, a person may contest the validity of a trust that is revocable during the settlor's life, or an amendment to it, within the earlier of:

• "Two (2) years after the settlor's death"; or
• "One hundred twenty (120) days after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address and of the time allowed for commencing a proceeding."

Pour-over wills

Under W.S. 2-6-103, "By a will signed and attested as provided in this article a testator may devise and bequeath real and personal estate to a trustee of a trust which is evidenced by a written instrument in existence when the will is made and which is identified in the will, even though the trust is subject to amendment, modification, revocation or termination."

The trust instrument therefore has to exist when the will is made. Unless the will provides otherwise, the property is governed by the trust instrument "including any amendments or modifications in writing made before or after the making of the will and before the death of the testator."

Wyoming wills and trusts at a glance

Recent changes

• 2023 Enrolled Act 83 (Senate File 99), effective July 1, 2023. Added audio-video witnessing to 2-6-112(b) and amended the self-proving forms in 2-6-114. Before that date, section 2-6-112 had no audio-video witnessing provision.
• 2023 Enrolled Act 70 (Senate File 100), effective July 1, 2023. Created 2-6-125, which extends revocation on divorce or annulment to revocable trusts, beneficiary designations and other revocable governing instruments and to the former spouse's relatives, and repealed the former divorce section 2-6-118. It applies to wills and revocable governing instruments in effect before, on and after July 1, 2023.
• 2025 Enrolled Act 66 (Senate File 97), effective July 1, 2025. Amended the Uniform Trust Code, among other things "clarifying the definition of 'qualified trustee'" and "specifying who is required to receive notice for judicial proceedings related to trusts." It applies "to all trusts created or that become subject to the uniform trust code on or after July 1, 2025."
• 2020 notarization guidance. On March 24, 2020, during the COVID-19 state of emergency, the Wyoming Secretary of State issued temporary guidance allowing remote online notarization, to be re-evaluated "on or before July 1, 2020, or when the Governor lifts the present state of emergency." It concerned notarization only, not the witnessing of wills.

Making a will in practice

The site's free Wyoming will-maker tool can help draft a basic will. Whatever produces the document, signing must follow W.S. 2-6-112 (or, for a handwritten will, 2-6-113), and the self-proving procedure in 2-6-114 is what lets a will be probated without further proof. Complex estates, blended families, business interests or tax concerns are reasons to consult a lawyer licensed in Wyoming. The tool is not legal advice.

Related pages

• Wills and trusts laws by state
• Wyoming probate
• Wyoming small estate affidavit
• Wyoming power of attorney laws

This article provides general legal information about Wyoming law on wills and revocable trusts as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Wyoming.

Last updated: 2026-10-20.

Frequently Asked Questions

How many witnesses does a will need in Wyoming?

Two competent witnesses, unless the will is a holographic will entirely in the testator's handwriting and signed by the testator (W.S. 2-6-112(a), 2-6-113).

Can witnesses sign a Wyoming will by video?

Yes, since July 1, 2023, if each witness can see and hear the testator in real time, can judge the testator's competency, can securely sign the will electronically and can determine that the testator is signing freely and voluntarily (2-6-112(b)).

Is a handwritten will valid in Wyoming?

Yes, whether or not witnessed, if it is entirely in the testator's handwriting and signed by the testator's own hand (2-6-113). A typed or partly typed will needs two witnesses.

Does a will have to be notarized in Wyoming?

No. Section 2-6-112 does not require a notary. A will made self-proving under 2-6-114, with the testator's acknowledgment and witness affidavits before an officer authorized to administer oaths, is probated without further proof (2-6-204).

Are oral wills valid in Wyoming?

No. Section 2-6-112 requires a will in writing or typewritten, and a holographic will must be entirely in the testator's handwriting (2-6-113).

Does divorce revoke a will in Wyoming?

Divorce or annulment revokes revocable gifts, powers of appointment and fiduciary nominations for the former spouse and the former spouse's relatives in a will made before the divorce, unless the will, a governing law, a court order or a property-division contract provides otherwise (2-6-125). Section 2-6-125 took effect July 1, 2023, replacing 2-6-118, and applies to wills and revocable instruments in effect before, on and after that date. The same section reaches trusts and beneficiary designations, and federal law pre-empts it for ERISA plans (Egelhoff v. Egelhoff, 532 U.S. 141 (2001)); see the divorce section.

Is a living trust revocable in Wyoming?

Yes, for a trust governed by the Uniform Trust Code (trusts created on or after July 1, 2003, except as 4-10-1103 provides), unless its terms expressly make it irrevocable (4-10-602(a)).

How long do you have to contest a revocable trust in Wyoming?

Within the earlier of two years after the settlor's death or 120 days after the trustee sends a copy of the trust instrument and the required notice (W.S. 4-10-604(a)).

Can a spouse be left out of a will in Wyoming?

A surviving spouse of a married person domiciled in Wyoming may elect one-half of the property subject to disposition under the will, or one-fourth if the spouse is not a parent of any surviving issue, by petition within three months after probate or 30 days after being advised of the right, whichever is later (2-5-101, 2-5-105).