How Probate Works After a Death in Wyoming

Wyoming significantly expanded its small estate options in 2025 - now genuinely one of the most generous thresholds in the country.

Where is probate handled in Wyoming?

Wyoming has not adopted the Uniform Probate Code, maintaining its own probate statutes under Title 2 of the Wyoming Statutes. Probate cases are handled by the District Court in each county, sitting in a probate capacity - the same court that hears general civil matters, rather than a separate dedicated probate court.

What changed with the 2025 increase?

Effective July 1, 2025 (SF0104, 2025 Enrolled Act 85), Wyoming’s small estate threshold doubled from $200,000 to $400,000 - one of the highest in the entire country. Readers relying on older sources should watch for the stale $200,000 figure, since it no longer reflects current law.

What are Wyoming’s two simplified options?

Wyoming offers:

• A small estate affidavit (Wyo. Stat. § 2-1-201) for personal property, filed with the county clerk, with no court involvement
• Summary distribution (§ 2-1-205), a court process that can include real estate and mineral interests - genuinely useful given Wyoming’s mineral-rich land

Both are now capped at $400,000, and at least 30 days must pass since the decedent’s death before either can be used. See our companion piece explaining both options in more depth.

Does Wyoming have a state estate or inheritance tax?

No - Wyoming has no state income, estate, or inheritance tax, making it another nationally significant jurisdiction for asset protection and dynasty trusts, alongside Nevada, South Dakota, Alaska, and Delaware.

What should I do next?

Check the estate’s value against the new $400,000 threshold before assuming full probate is required - given the 2025 increase, many estates that wouldn’t have qualified before now do. If the estate includes mineral interests, summary distribution (rather than the simpler affidavit) is likely the right path, since it’s the option that can include them.

Add this to your Final Day Plan: a note of any mineral rights or interests you hold, and roughly what your estate is worth - it’ll help your family quickly tell which of Wyoming’s two simplified options actually fits.

Wyoming law changed as recently as July 2025, and could change again. This is general educational information, not legal advice - consult a Wyoming-licensed attorney for guidance specific to your situation.