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Small Estate Procedures · Wyoming

Wyoming's $400,000 small-estate routes: affidavit or summary-distribution decree

Wyoming permits personal-property collection by affidavit after 30 days and a court summary-distribution route for real and personal property when Wyoming property less liens and encumbrances does not exceed $400,000.

Editorial review draft · Not certified for publication

Value all Wyoming property governed by the small-estate statutes and subtract liens and encumbrances. Select the direct affidavit for personal assets or the court petition when a decree is needed for real estate.

Check eligibility before signing

  • At least 30 days have passed.
  • Net Wyoming property is $400,000 or less.
  • No application for a personal representative is pending or granted.
  • The claimant can establish the will or intestate shares and any required consents.

Gather the required documents

  • Section 2-1-201 personal-property affidavit or summary-distribution petition
  • Certified death certificate
  • Original will or certified will information, if any
  • Asset values and lien balances
  • Legal descriptions and title evidence for real estate
  • Heir, devisee, and creditor information

Follow the state procedure

Present the affidavit directly to personal-property holders. For real estate or a court decree, file the summary-distribution petition, give statutory notice, attend the hearing if required, and record the resulting decree in the county land records.

Know which property the shortcut reaches

The affidavit collects personal property only; the summary-distribution decree can transfer qualifying real and personal property. A legal description and recorded decree are essential for land title.

Understand the recipient's responsibility

A recipient remains answerable to other successors, valid creditors, and a later representative. Petitioners and affiants can be liable for misstating liens, property, or family shares.

Use another route when these facts apply

  • Net Wyoming property exceeds $400,000.
  • The 30-day wait has not elapsed.
  • A representative is pending or appointed.
  • A title, will, heirship, or creditor dispute requires ordinary probate.

Sources & methodology

Sources and current rules
Current rule$400,000 Wyoming property less liens; personal affidavit after 30 days or court summary distributionWyo. Stat. § 2-1-201 (SF0104, 2025) · eff. Jul 1, 2025

Methodology & sources

Wyo. Stat. § 2-1-201 (SF0104, 2025) supplies the headline rule and its stated conditions.

Editorial review draft. The source record supporting the ceiling is listed above when one is available. The procedural questions identified in the article are not yet certified.

This page is educational and is not legal advice. Whether the affidavit procedure is right for a particular estate — and what liability the signer takes on — turns on facts a general page cannot resolve, including debts that have not surfaced yet. Confirm your own situation with an attorney licensed in Wyoming.

Sources reviewed August 23, 2026.