State Laws
- Maximum Amount: $400,000, the value of the entire estate, less liens and encumbrances.[1][2]
- Signing Requirements: Sworn and notarized.[3]
- Where to File: Filed with the district court, published, and the resulting decree is recorded with the county clerk.[4][5]
- When to File: 30 days after death.[6]
- Survivor Requirements: Wyoming does not use a 120-hour survival rule.[7]
Rightful Heirs (Hierarchy)
If the decedent did not have a will, the beneficiary hierarchy is as follows:
- Spouse: If the decedent left surviving children or descendants of children, the surviving spouse receives one-half of the estate, and the children or descendants share the other half. If the decedent left no children or descendants of children, the surviving spouse receives the entire estate.[8]
- No Spouse, Children: The children share the one-half not passing to the surviving spouse, with a deceased child’s share passing to that child’s descendants. If there is no surviving spouse, the children take the entire estate.[9]
How to File a Small Estate
Step 1 – Wait 30 Days
At least 30 days must pass after the decedent’s death before the affidavit may be used.[10]
Step 2 – Confirm the Estate Qualifies
The entire estate (less liens and encumbrances) must be $400,000 or less, and no personal representative may be pending or appointed.[11]
Step 3 – Prepare and Notarize the Affidavit
Prepare the Affidavit for Distribution of Personal Property, stating the value, the time elapsed, that no probate is pending, and the distributee’s entitlement, then sign it before a notary public.[12]
Step 4 – Present the Affidavit to the Asset Holder
Present the affidavit, with a certified death certificate, to the bank, debtor, or transfer agent holding the property to obtain payment or transfer.[13]
Step 5 – Use the Summary Procedure for Real Property
If the estate includes Wyoming real property, file a sworn application for a decree of summary distribution with the district court, publish notice, and record the decree with the county clerk where the property is located.[14]