Wyoming probate code · checked October 2026
For money and belongings, Wyoming's affidavit limit is $400,000 — applied to the estate after the assets that pass automatically are taken out. Real property is NOT reachable by the Wyoming affidavit — it uses the § 2-1-205 court decree procedure at the same $400,000 cap, with a sworn report of value or appraisal and notice by publication. Mineral interests count as real property here. The affidavit, where one exists, cannot be used until 30 days have passed since the death.
The affidavit limit today: $400,000, judged by the law in force on the date of death.
How it moves: filed with the court — a court paper, not an envelope.
The wait: 30 days after the death before the affidavit can be used.
For a surviving spouse: No different affidavit cap when the claimant is the surviving spouse.
| Track | Limit | How it works |
|---|---|---|
| Small-estate affidavit | $400,000 | Filed with the court. |
| Summary procedure for distribution of personal or real property - application for decree of summary distribution (Wyo. Stat. § 2-1-205) | $400,000 | The summary procedure (§ 2-1-205) is an application for a decree of summary distribution covering personal or real property up to the same $400,000, filed in the district court. |
The county clerk must transfer vehicle title from the decedent to the distributees on presentation of the § 2-1-201 affidavit (§ 2-1-201(d)); vehicles count toward the $400,000 estate cap with no exclusion.
Sec. 2-1-201(a) contains no express statement that debts have been paid; the affidavit must state the cap, the 30 days, no pending/granted personal representative application in Wyoming, entitlement, and that there are no other distributees with a right to succeed.
Rules checked October 2026 · Sources: Wyo. Stat. § 2-1-201; Wyo. Stat. § 2-1-205; Wyo. Stat. § 2-18-101 to 2-18-105 (TOD deed); 2025 Wyo. SF0104, Enrolled Act No. 85, Ch. 168. This page reads the published law; it is not legal advice, and the court is the final word.