Wyoming Informal Probate: Opening an Estate Without a Court Hearing

Wyoming's UPC Framework

Wyoming Statutes Title 2 adopts the Uniform Probate Code (UPC) — the same framework used in Alaska, Idaho, Montana, Hawaii, Colorado, and several other states. The UPC divides probate into two tracks: informal and formal. Informal probate is the default for most estates — it skips the court hearing entirely.

Instead of appearing before a judge, you file an Application with the District Court's probate registrar. The registrar reviews the paperwork administratively, confirms all requirements are met, and issues an Order Appointing Personal Representative. The entire review process typically takes a few days to a couple of weeks — much faster than scheduling a formal hearing.

Informal vs. Formal Probate: When Each Applies

How to File for Informal Probate

Step 1: Gather Required Documents

• Original will (if any) — the court keeps the original
• Certified copy of the death certificate
• Names, addresses, and ages of all heirs and devisees (beneficiaries named in the will)
• Your government-issued photo ID

Step 2: File the Application

File the Application for Informal Probate of Will and/or Appointment of Personal Representative with the District Court of the county where the decedent lived at death. Forms are available from the Wyoming Supreme Court at courts.state.wy.us. The filing fee is approximately $75–$150, depending on the county.

If there is no will (intestate estate), file the intestate version of the Application for Appointment of Personal Representative.

Step 3: Probate Registrar Review

There is no hearing. The registrar reviews the application, confirms the required elements are present, and issues an Order Appointing Personal Representative. If any information is missing or unclear, the registrar may contact you with questions — but this is typically resolved without a formal hearing.

Step 4: Receive Letters Testamentary

After the Order is issued, the court issues Letters Testamentary (if there is a will) or Letters of Administration (if there is no will). These are your legal authority to act on behalf of the estate. Request 6–10 certified copies — financial institutions, county clerks, vehicle title offices, and transfer agents each require an original certified copy.

What You Can Do After Appointment

Wyoming informal probate gives the Personal Representative broad independent authority. With your Letters Testamentary, you can:

• Access and manage all estate assets
• Open an estate bank account and consolidate funds
• Publish the creditor notice in a newspaper of general circulation
• Pay valid creditor claims after the 60-day claim period closes
• File required federal tax returns (final Form 1040; Form 1041 if estate earns income)
• Transfer real estate using a Personal Representative's Deed (record with county clerk and recorder)
• Transfer mineral rights by recording an assignment with the county clerk
• Transfer vehicle titles through the county clerk's office
• Distribute remaining assets to heirs
• File the Closing Statement (W.S. § 2-7-1003) to formally close the estate

Creditor Notice Publication

After appointment, publish a Notice to Creditors once per week for two consecutive weeks in a newspaper of general circulation in the county where the estate is being probated. The 60-day claim period begins at first publication (W.S. § 2-7-404). Do not make final distributions to heirs until the 60-day period has run and all claims have been reviewed.

For known creditors, mail a notice directly in addition to publication. Known creditors then have 30 days from mailing — or the 60-day publication period, whichever is later.

No Wyoming State Taxes

Wyoming has no state income tax and no state estate tax. Unlike Oregon, Hawaii, or Washington, Wyoming Personal Representatives have no state tax filings to track. You only need to file:

• Federal Form 1040 — final income tax return for the year of death
• Federal Form 1041 — estate income tax return, only if the estate earns income (interest, dividends, mineral royalties) during administration
• Federal Form 706 — estate tax, only if gross estate exceeds ~$13.99 million (2025)

Closing the Estate

After all assets are distributed, all debts paid, and all federal tax returns filed, submit a Closing Statement (W.S. § 2-7-1003) to the District Court. You may not file the Closing Statement until at least 6 months after your appointment. The Closing Statement certifies that the estate is fully administered and formally discharges you as Personal Representative.

More Wyoming Probate Guides

• Wyoming Small Estate Affidavit: $200,000 Threshold — How to Skip Probate
• Wyoming Probate Timeline: Key Deadlines for Personal Representatives