Aggregate (personal + real)
$400,000
statutory cap
30-day wait
Raised from $200K by 2025 SF0104 / Enrolled Act 85, eff Jul 1 2025. Includes real property and mineral interests.
WY · District Court
Wyoming
Small-estate-affidavit threshold and procedure under § Wyo. Stat. § 2-1-205.
Verified 2026-05-04
01
Who is eligible to file
- Surviving spouse or registered domestic partner
- Adult children, equally if more than one
- Parents of the decedent, if no spouse or descendants
- The named executor under the will, if one exists
- An heir at law under Wyoming's intestate-succession statute, in the absence of the above
02
What counts toward the threshold
The threshold counts only assets that pass through probate. The following do not count against the cap:
Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.
State note: Raised from $200K by 2025 SF0104 / Enrolled Act 85, eff Jul 1 2025. Includes real property and mineral interests.
Waiting period
State requires 30 days to elapse from date of death before filing.Real property
Eligible — included in calculation
Wyoming summary procedure under § 2-1-205 explicitly covers real property, including mineral interests.
03
Where to file
File with the District Court in the county where the decedent resided at death.
We do not maintain a county-by-county directory. The Wyoming judicial system operates an authoritative court locator.
Find your county’s District Court via the Wyoming judicial council website. Search for “Wyoming District Court county locator” or visit the state government court directory.
Note: in Wyoming, the small-estate affidavit is generally presented to the property holder (bank, brokerage, registrar) rather than filed with the court. The court named above is the venue for related probate matters and any contested questions.
04
Form & statute
Form
- Distribution by Affidavit
Statute