The Wyoming Probate Process: Step-by-Step

Assess the Estate — What Needs Probate?

Before filing anything, review how each asset is titled or designated:

• Joint tenancy (JTWROS): Passes to surviving joint tenant — no probate.
• Beneficiary-designated accounts: IRA, 401(k), life insurance, POD/TOD — pass directly, no probate.
• Revocable living trust assets: Pass per trust document, not the will.
• Assets in the decedent's name alone: Require either the small estate affidavit (if personal property under $200,000) or informal probate.
• Real estate in the decedent's name alone: Always requires informal probate and a Personal Representative's Deed — the small estate affidavit does not work for real estate.
• Mineral rights, oil/gas royalties: Probate assets — require appraisal and formal transfer to new owners.

Choose the Right Procedure

• Small Estate Affidavit (W.S. § 2-1-201): Personal property under $200,000; 30-day wait from death; present sworn affidavit directly to the institution. No court filing. No Letters. Cannot be used for real estate or mineral interests requiring deed transfer.
• Informal Probate (W.S. § 2-6-201): File an Application for Informal Probate with the probate registrar. Registrar issues Letters without a hearing. Used when there is real estate, mineral rights, or personal property over $200,000.
• Formal Probate (W.S. § 2-6-301): Required for contested wills, disputed heirs, or registrar refusal. A District Court hearing is scheduled.

File the Application for Informal Probate

File in the District Court of the county where the decedent was domiciled at death. The Application must include:

• Decedent's name, date and place of death, and domicile
• Names and addresses of all heirs and devisees
• Name and address of the nominated Personal Representative
• Original will filed with the application (if one exists)
• Statement that the 3-year time limit has not expired

Filing fees range from $75–$150 depending on county. The registrar issues Letters Testamentary (with will) or Letters of Administration (without will) — no hearing if the application is complete.

Get Your EIN and Open the Estate Account

• Apply for a federal EIN at irs.gov — takes minutes online.
• Open a dedicated estate checking account. All estate income and expenses flow through this account.
• Notify the Social Security Administration of the death.
• Send written notice to all heirs and devisees within 30 days of appointment.
• Secure and insure all real property — Wyoming winters require attention to vacant structures.
• Contact oil/gas operators regarding the estate's mineral interests to redirect royalty payments to the estate account.

Publish Notice to Creditors — Start the 60-Day Clock

Publish Notice to Creditors once per week for three consecutive weeks in a newspaper of general circulation in the county of probate (W.S. § 2-7-201). The 60-day creditor period begins on the date of first publication.

Also send direct written notice to all known creditors. Obtain the Affidavit of Publication from the newspaper and file it with the court.

Prepare the Estate Inventory (Due Within 3 Months)

Prepare an inventory within 3 months of appointment. All assets valued at date of death. Wyoming-specific valuation considerations:

• Ranch and agricultural land: Formal MAI appraisal recommended. Check for USDA FSA payments, grazing permits, and conservation easements.
• Mineral rights / oil & gas royalties: If producing, hire a petroleum engineer or royalty appraisal firm for date-of-death value. Even non-producing mineral acres have value.
• Coal and other mineral interests: Contact Wyoming Office of State Lands for any state leases.
• Hunting licenses and outfitter permits: Personal to the decedent — non-transferable; these do not appear on the inventory as transferable assets.

Manage Estate Assets During Administration

• Route all estate income through the estate account.
• Continue mortgage, property tax, insurance, and utility payments on real property.
• Continue oil and gas royalty collection — redirect payments from operators to the estate account.
• Maintain ranch operations if applicable — livestock, grazing, and water rights require continued management.
• Retitle investment accounts in the estate's name.

The Personal Representative has independent statutory authority to sell estate property without court approval when needed to pay debts or facilitate distribution.

Review Claims and Pay Debts

After the 60-day creditor period closes, review all claims filed. Allow or reject each claim. A rejected creditor has 60 days from the notice of rejection to petition the court.

If the estate is insolvent, pay claims in this priority order:

1. Costs and expenses of administration
2. Reasonable funeral expenses
3. Federal taxes and debts with federal preference
4. Reasonable medical expenses of the last illness
5. State taxes with Wyoming preference
6. All other claims

File Tax Returns

Transfer Property, Distribute, and File the Closing Statement

Real property: Execute a Personal Representative's Deed for each Wyoming parcel. Record with the county clerk in the county where the property is located.

Mineral rights: Execute an Assignment of Mineral Interest or Personal Representative's Deed covering mineral rights. Record with the county clerk and notify any operating companies of the change in ownership for royalty payment re-direction.

Vehicles: Transfer title through the Wyoming Department of Transportation or county clerk with certified Letters and death certificate.

Financial accounts: Present certified Letters and death certificate to each institution. Obtain signed receipts from each beneficiary.

Closing Statement: File with the probate registrar after all assets are distributed. No court hearing required. The PR's liability to interested persons ceases one year after filing.