Small Estate Affidavit Limits in Wyoming
In Wyoming, distributees can collect property by an affidavit filed with the county clerk 30 days after the death if the Wyoming estate, less liens and encumbrances, is worth $400,000 or less; real property needs a court decree of summary distribution.
Last checked . General information, not legal advice.
Wyoming at a glance
- Maximum estate value
- $400,000
- Value of the entire Wyoming estate subject to administration, less liens and encumbrances.
- Waiting period after death
- 30 days
- Real estate can pass
- Only by court decree
- The affidavit covers personal property; real property (including minerals) passes by a court decree of summary distribution under the same $400,000 limit.
The rules in Wyoming
What is the maximum estate value for a small estate affidavit in Wyoming?
Maximum estate value in Wyoming: $400,000. Value of the entire Wyoming estate subject to administration, less liens and encumbrances.
How long after the death must you wait to use a small estate affidavit in Wyoming?
Waiting period after death in Wyoming: 30 days.
Can real estate pass by small estate affidavit in Wyoming?
Only by court decree. Real estate can pass in Wyoming: only by court decree. The affidavit covers personal property; real property (including minerals) passes by a court decree of summary distribution under the same $400,000 limit.
Where do the Wyoming small estate affidavit limits come from?
The rules above come from Wyo. Stat. 2-1-201 and Wyo. Stat. 2-1-205. Each source is linked on this page. We last checked them in October 2026.
Good to know
The affidavit must be filed with the county clerk, and a certified copy is presented to the holder of the property.
What this means in practice
Check how the estate value is counted before relying on the shortcut. States differ on whether the limit covers all property or only probate property, and whether assets such as jointly owned accounts, life insurance with a named beneficiary or property in a living trust are left out of the total.
Gather the documents a holder is likely to ask for: a certified copy of the death certificate, the signed and often notarized affidavit, and proof of your identity and relationship to the person who died. Some holders use their own affidavit form, so ask before you prepare one.
A person who collects property with a small estate affidavit usually takes on duties to others with a claim to it, such as creditors and other heirs. Paying valid debts and distributing the rest correctly matters, because a successor who takes more than their share can be held liable for it later.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
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