Wyoming Small Estate Affidavit

The $400,000 limit, and what actually counts

The 30-day waiting period

30 days, counted from the date of death of the decedent. Two independent hooks: (1) W.S. 2-1-201(a) opening clause. 'Not earlier than thirty (30) days after the death of a decedent'; and (2) W.S. 2-1-201(a)(ii), a mandatory sworn recital that 'Thirty (30) days have elapsed since the death of the decedent.' The official affidavit form (PPP 02 / PPP 04, section 3) recites 'More than 30 days have passed since the Decedent died.' The § 2-1-205 real-property summary-distribution application uses the same 30-day-from-death floor ('not earlier than thirty (30) days after the decedent's death'). Different wait for the government-creditor affidavit: 90 days after death, W.S. 2-1-204(a) and (a)(ii).

Who can sign the affidavit

The person or persons claiming to be the distributee or distributees of the property, or someone acting on their behalf; the affidavit may also be presented by the attorney for the distributee(s) (§ 2-1-201(a)). "Distributee" means a person entitled to property of the decedent under the will or the intestacy statutes (§ 2-1-301(a)(xiii)), and for Article 2 is expanded by § 2-1-209 to include any successor in interest as an heir, as a beneficiary, through intervening estates of the decedent's heirs/beneficiaries/successors/assigns, or through an established record of ownership. There is no statutory priority ranking (no "surviving spouse first" rule) and no requirement that all distributees sign, but the affiant must disclose every distributee and their shares, under oath.

Either. W.S. 2-1-201(a)(i) applies to an estate 'either testate or intestate,' and the Wyoming Judicial Branch publishes parallel intestate (PPP 01/02) and testate (PPP 03/04) affidavit packets. The will need not be probated first, and probating or merely filing it does not close off the affidavit route: W.S. 2-6-123 provides that no proceedings under §§ 2-6-120 through 2-6-122 (will filed with or without probate) shall bar any proceedings under §§ 2-1-201 through 2-1-203. Note the separate hard bar: if anyone has applied for or obtained appointment of a personal representative anywhere in Wyoming, the affidavit cannot be used, § 2-1-201(a)(iii). Wyoming's general duty to deposit a will with the court on the testator's death was not separately verified for this entry.

The affidavit must be signed in front of a notary. Most banks and UPS Stores have a notary; many charge under $15.

Can it transfer a house or land in Wyoming?

No. Wyoming real property and mineral interests do not pass under the § 2-1-201 affidavit. § 2-1-201 reaches only tangible personal property and instruments evidencing a debt, obligation, stock or chose in action. Real property is counted toward the $400,000 cap but cannot be transferred by the affidavit; the Judicial Branch instructions (PPP 01) say so expressly. Companion instrument: 'Application for a Decree of Summary Distribution of Property,' Wyo. Stat. Ann. § 2-1-205. Same $400,000 threshold (§ 2-1-205(a), also raised from $200,000 by 2025 ch. 168) measured the same way (entire estate including personal property, less liens and encumbrances). Same 30-day-from-death wait. But it is a court proceeding, not an affidavit presented to a title company: (a) sworn application signed by a claimed distributee stating the facts required by § 2-1-201(a)(i)-(v) and fully describing the real property/mineral interests, § 2-1-205(b); (b) attached sworn report of value, which may be a broker's price opinion as defined by W.S. 33-28-102(b)(lxii), by a person with no legal interest in the estate, showing date-of-death value of all Wyoming real property interests, § 2-1-205(c); (c) notice published once a week for 2 consecutive weeks in a county newspaper of general circulation, plus first-class mail with a copy of the application to the surviving spouse, all other known distributees (or their guardians/personal representatives) and all reasonably ascertainable creditors, not later than 10 days after first publication, § 2-1-205(d); (d) if the decedent received Medicaid under W.S. 42-4-101 through 42-4-114, a copy of the application must go to the Wyoming Department of Health within 10 days after first publication, § 2-1-205(e) (Judicial Branch form PRP 07 is the cover sheet for this); (e) objection deadline is the later of 20 days after the mailing or 30 days after first publication; untimely objections are forever barred; if none, the court 'shall enter a decree establishing the right and title to the property located in Wyoming,' § 2-1-205(f); (f) a certified copy of the decree is recorded with the county clerk of each county where the real property/mineral interest lies, and upon recording the decree and its record are presumptive evidence of title, § 2-1-205(f). Materially false statement: title still passes, but the affiant faces perjury penalties and a damaged distributee may sue to amend the decree and for damages within 2 years of entry, § 2-1-205(g). § 2-1-205 may be used in addition to the § 2-1-201 affidavit, § 2-1-205(h); a distributee satisfying both is entitled to the decree with no further action under Title 2, § 2-1-205(m). Missing distributees: reasonable efforts to identify/locate required; real-property interests are set over to the missing distributee if known, other interests may be directed to the State Treasurer under the Uniform Unclaimed Property Act, W.S. 34-24-101 to 34-24-140, § 2-1-207.

Affidavit of heirship in Wyoming

Critical distinction. Wyoming has no Texas-style affidavit of heirship that operates as a title-vesting instrument. Three separate things exist, and none of the affidavit-based ones transfers title: (1) W.S. 34-11-101 'Recorded affidavit as evidence' (Title 34, ch. 11, 'Affidavits Affecting Title'). Any person with personal knowledge, competent to testify in open court, may record with the county clerk of the county where the land lies an affidavit stating facts affecting title. Subsection (b) expressly permits affidavits as to 'age, sex, birth, death, relationship, family history, names, identity of parties, marital status, homestead status, possession, occupancy possession, residence, service in the armed forces,' description conflicts, and 'the happening of any condition or event which may terminate an estate or interest', i.e. the classic heirship recitals. Subsection (c) requires a land description and the name of the record owner at the time of recording; the clerk indexes it in the record owner's name like a deed. A certificate of acknowledgement is not required if the affidavit contains a jurat. Effect: 'A recorded affidavit or a certified copy thereof is prima facie evidence of the facts therein stated insofar as the facts affect title to real estate.' It is evidence in the chain of title only: it does not convey, vest or transfer any interest, is rebuttable, and title companies may or may not insure over it. Marketing it to consumers as a way to 'transfer' a Wyoming house is a liability event. (2) W.S. 2-9-102 / 2-9-103 'Affidavit of survivorship': a recorded affidavit, with a certified death certificate attached, evidencing that a life estate terminated or that a tenancy by the entireties / joint tenancy vested solely in the survivor. Recorded with the county clerk of the county where the property sits; it 'constitutes prima facie evidence that all facts recited therein are true' (§ 2-9-103) and is expressly independent of the judicial route in § 2-9-101. Again evidence, not a conveyance, the survivorship interest already passed by operation of law. No witnesses required beyond the oath; the statute contemplates a sworn, signed and recorded instrument. (3) W.S. 2-9-201 through 2-9-203 'Determination of heirship': this one is judicial, not an affidavit, and is severely time-gated. It is available only when more than two (2) years have elapsed since the death, the decedent owned Wyoming real estate (or made entry on government land without patent), and there has been no previous record judicial determination of the decedent's heirs or the right of descent. Petition goes to the court/commissioner of the county of the decedent's residence, or, for a nonresident, the district court of the county where the real estate lies (§ 2-9-201). Hearing set not less than 30 days after filing; notice to all interested persons including creditors, heirs and devisees; publication once a week for four consecutive weeks before hearing, mailed simultaneously with first publication (§ 2-9-202). The court's decree determines date of death, who the heirs were, degree of kinship, right of descent, and each heir's distribution (§ 2-9-203(a)). This decree is the title-determining instrument. Under § 2-9-203(b) those findings carry over to later-discovered Wyoming real property if a copy of the judicial determination is included with a § 34-11-101 affidavit recorded for that property and no other recorded judicial determination governs its descent (cross-referenced in § 34-11-101(c)). A related route, § 2-9-204, covers patents issued to heirs of a deceased public-land entryman (3 weeks' publication, 10 days' mailed notice). Bottom line for product copy: within 2 years of death, the correct Wyoming route for real property under $400,000 is the § 2-1-205 decree of summary distribution. Not an 'affidavit of heirship.' A § 34-11-101 affidavit is a supplement to the record, never a substitute for a decree.

How to use a small estate affidavit in Wyoming

1. 1

   Confirm you're under the limit and past the wait

   Add up the property that passes through the estate and check it against the $400,000 ceiling. Value, on the date of death, of the entire estate located in Wyoming subject to administration, testate or intestate. Less liens and encumbrances. Per § 2-1-201(a)(i) the test counts the whole Wyoming estate (real property, mineral interests and personal property alike), not just the personal property being collected; only out-of-Wyoming assets are excluded. Non-probate assets (joint tenancy, P.O.D./beneficiary accounts under § 2-1-203, transfer-on-death deeds under ch. 18) are not "subject to administration" and are not counted.

2. 2

   Gather the documents

   You'll need certified copies of the death certificate: order at least three, since institutions often keep one: plus account numbers, the vehicle title or VIN, and the names and addresses of every heir.

3. 3

   Complete the affidavit

   Fill in Affidavit for Distribution of Personal Property (small estate collection by affidavit) under Wyo. Stat. Ann. § 2-1-201; companion court route is the Application for Decree of Summary Distribution of Property under § 2-1-205, listing the decedent, the heirs and their relationships, the assets and their values, and the known debts.

4. 4

   Sign it in front of a notary

   Sign in front of a notary public. Banks, credit unions and shipping stores all offer notarization, usually for a small fee.

5. 5

   Present it to whoever holds the property

   Wyoming's statute is unusually directive toward institutions and pairs the mandate with a strong safe harbor. Mandate: § 2-1-201(a): any person indebted to the decedent or holding tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action 'Shall make payment.. or deliver' to the claimed distributee(s) or their attorney on presentation of the (recorded) affidavit. § 2-1-201(e): a custodian or holder 'shall pay or deliver any of the decedent's property held or on deposit in the sole name of the decedent, together with the interest and dividends thereon,' and a receipt from the distributee or proof of delivery 'shall constitute a valid and sufficient release and discharge.' § 2-1-201(b), a securities transfer agent 'shall change the registered ownership on the books of a corporation.' § 2-1-201(d), the county clerk of the county of registration 'shall transfer title of the vehicle.' Safe harbor: § 2-1-202(a): a holder paying, delivering, transferring or issuing personal property under the affidavit 'is discharged and released to the same extent as if he dealt with a personal representative of the decedent,' and '(ii) is not required to see to the application of the personal property.. or to inquire into the truth of any statement in the affidavit.' Teeth for refusal: § 2-1-202(b): the property may be recovered or its delivery compelled in an action by the persons entitled, and 'the court shall award reasonable attorney's fees and costs of the action to the plaintiff if the court finds that the decedent's property was not paid, delivered, transferred or issued within forty-five (45) days after presentation of the affidavit,' unless the court finds just cause for the refusal. This 45-day fee-shifting provision is the single most useful leverage point when a bank stalls. 'Holder' is defined broadly: § 2-1-202(d): 'any person who is in possession of property of the decedent and includes but is not limited to a security broker, security dealer, bank, savings and loan institution, credit union or any other like depository.' Recipient's exposure: § 2-1-202(c), the person paid is answerable and accountable to a personal representative or to anyone with a like or superior right. Practical: institutions are entitled to a certified copy of the county-clerk-recorded affidavit (§ 2-1-201(c)); a death certificate is not statutorily required for recording but institutions commonly ask for one (Judicial Branch instructions PPP 01).

Where to take the signed affidavit

Debts and your personal liability

There is no statutory duty to list individual creditors, publish notice to creditors, or pay debts before collecting under § 2-1-201: the affidavit has no creditor-notice component at all (unlike § 2-1-205, which requires mailed notice to reasonably ascertainable creditors and, for Medicaid recipients, notice to the Department of Health). Debts enter only through the valuation test: the $400,000 cap is measured 'less liens and encumbrances,' and the official form's instruction box construes that broadly to include mortgages and all other debts of the decedent such as credit card debt, medical bills and funeral expenses. Affiant/recipient liability: (1) W.S. 2-1-202(c): any person to whom payment, delivery, transfer or issuance is made 'is answerable and accountable to a personal representative of the estate or to any other person having a like or superior right,' so a later-appointed personal representative or an omitted heir can claw the property back; (2) the Judicial Branch form warns in terms that the debts do not go away and the person who receives the property may be required to pay them; (3) the affidavit is sworn under penalty of perjury, a knowingly false material statement is a felony (perjury), and under the parallel § 2-1-205(g) a materially false application does not unwind title but exposes the affiant to perjury penalties plus a damages action by an injured distributee within 2 years. (4) Separately, W.S. 2-1-204 lets the United States or Wyoming (and their agencies/instrumentalities/political subdivisions) collect the § 2-1-201 assets by their own affidavit not earlier than 90 days after death, subject to the same $400,000 cap; a government creditor collecting more than its net claim must pay the overplus to another qualifying creditor, then to the § 2-1-201 distributees, or obtain a probate court order designating itself agent under W.S. 2-15-101. (5) W.S. 2-7-102's criminal penalty for administering an estate without letters expressly does not apply to a person acting under §§ 2-1-201 and 2-1-202.

When you can’t use it

Wyoming takes the affidavit route off the table when:

• Entire Wyoming estate subject to administration, less liens and encumbrances, exceeds $400,000 on the date of death. § 2-1-201(a)(i)
• Fewer than 30 days have elapsed since the date of death. § 2-1-201(a) and (a)(ii)
• An application for appointment of a personal representative is pending, or has been granted, in any jurisdiction in Wyoming: § 2-1-201(a)(iii) (an out-of-state appointment does not disqualify, but must be disclosed with names, dates, court and case title under § 2-1-201(a)(v))
• There are other distributees entitled to succeed to the property who are not disclosed in the affidavit. § 2-1-201(a)(iv)
• The asset is Wyoming real property or a mineral interest, the § 2-1-201 affidavit reaches only tangible personal property and instruments evidencing debt/obligation/stock/chose in action; real property requires the § 2-1-205 district-court decree
• Affiant cannot truthfully swear to the facts concerning the relationship to the decedent and the legal basis of entitlement, including any intervening estates. § 2-1-201(a)(iv)
• Government-creditor collection (§ 2-1-204) has its own bar: it cannot be used until 90 days after death, and requires that no § 2-1-201 affidavit be known to have been presented

If any of those apply, a probate attorney is the right call. A typical small-estate proceeding runs $1,000–$3,000 plus the court’s fee.

Wyoming small estate affidavit FAQ

Statute and sources

Last verified July 29, 2026. 2025 S.F. 0104, 'Probate code revisions,' Senate Enrolled Act No. 85, 2025 Wyo. Sess. Laws ch. 168, sponsored by Senator Crago (Sen. Olsen, Pearson; Rep. Brady, Chestek, Lawley, Lucas, Nicholas, Washut), signed by the Governor 3/19/2025, effective July 1, 2025. It raised the small-estate ceiling from $200,000 to $400,000 in five places: W.S. 2-1-201(a)(i) (affidavit for personal property), 2-1-204(a)(i) (government-creditor affidavit), 2-1-205(a) (summary distribution decree, real or personal property), 2-11-201 and 2-11-202(a) (nonresident estates already probated elsewhere). The same act created W.S. 2-1-403(d), validating a written irrevocable disclaimer that does not qualify as a 'qualified disclaimer' where the disclaiming party acknowledges in a prior or contemporaneous writing that it does not qualify for federal or other tax purposes. Earlier relevant enactment: 2023 S.F. 0100, ch. 140 (revocation of spousal designations on divorce/annulment) and 2023 H.B. 0096, ch. 85 (transfer on death deed / insurance coverage). 2023 H.B. 0238 (probate, discovered property publication requirements) died in committee. 2025 H.B. 0330 ('Probate code revisions-2') was not considered for introduction. No probate/small-estate amendments in the 2024 budget session or the 2026 session (verified against the Wyoming LSO bill database for 2022-2026). Forms side: the Judicial Branch small-estate packets carry 'Last Form Revision: March 2026. Packet Date: June 2026,' and the real-property (PRP) packet files were re-uploaded in June 2026.

• Wyo. Stat. Ann. § 2-1-201 (payment of indebtedness and delivery of tangible personal property or instruments evidencing debt)
• Wyo. Stat. Ann. § 2-1-201(a) (30-day wait)
• Wyo. Stat. Ann. § 2-1-201(a)(i) ($400,000 cap)
• Wyo. Stat. Ann. § 2-1-201(a)(ii)-(v) (required affidavit recitals)
• Wyo. Stat. Ann. § 2-1-201(b) (securities transfer agent)
• Wyo. Stat. Ann. § 2-1-201(c) (affidavit filed with county clerk; certified copy presented)
• Wyo. Stat. Ann. § 2-1-201(d) (county clerk transfers vehicle title)
• Wyo. Stat. Ann. § 2-1-201(e) (holder shall pay or deliver; receipt is release)
• Wyo. Stat. Ann. § 2-1-202 (effect; safe harbor; refusal; 45-day fee-shifting; accountability)
• Wyo. Stat. Ann. § 2-1-203 (joint, trust and P.O.D. accounts)
• Wyo. Stat. Ann. § 2-1-204 (government creditor collection by affidavit after 90 days; same $400,000 cap)
• Wyo. Stat. Ann. § 2-1-205 (summary procedure for distribution of personal or real property; decree)
• Wyo. Stat. Ann. § 2-1-206 (proof of publication and service)
• Wyo. Stat. Ann. § 2-1-207 (missing distributees)
• Wyo. Stat. Ann. § 2-1-208 (venue for § 2-1-205 application)
• Wyo. Stat. Ann. § 2-1-209 ("distributee" defined for Article 2)
• Wyo. Stat. Ann. § 2-1-301(a)(xiii) (general definition of "distributee")
• Wyo. Stat. Ann. § 2-4-101 (rules of descent)
• Wyo. Stat. Ann. § 2-6-123 (filing of will, with or without probate, does not bar collection by affidavit)
• Wyo. Stat. Ann. § 2-7-102 (penalty for administering without letters; express exception for §§ 2-1-201 and 2-1-202)
• Wyo. Stat. Ann. §§ 2-9-101 through 2-9-103 (survivorship petition / affidavit of survivorship)
• Wyo. Stat. Ann. §§ 2-9-201 through 2-9-203 (judicial determination of heirship, available only after 2 years)
• Wyo. Stat. Ann. § 34-11-101 (recorded affidavit affecting title to real estate; prima facie evidence)
• Wyo. Stat. Ann. §§ 2-11-201, 2-11-202 (nonresident estates, $400,000)
• 2025 Wyo. Sess. Laws ch. 168 (2025 S.F. 0104 / Senate Enrolled Act 85), eff. July 1, 2025

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• dot.state.wy.us(opens in a new tab)

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