How probate costs work in Wyoming
Wyoming has not adopted the Uniform Probate Code — it maintains its own framework under Title 2, handled by the district courts across Wyoming's 23 counties. Unlike most states in this series, Wyoming still runs a genuine statutory percentage schedule for both the personal representative and the attorney — not a bare "reasonable compensation" standard.
1. Personal representative fee — a real four-tier schedule
Wyo. Stat. § 2-7-803: the fee is computed on the probate estate accounted for: 10% of the first $1,000, 5% of the amount over $1,000 up to $5,000, 3% of the amount over $5,000 up to $20,000, and 2% of everything over $20,000. The 10% opening band is capped at just $100 in dollar terms, so the effective rate drifts toward 2% as the estate grows — a $1,000,000 estate computes to $20,350. The court can allow an additional fee if the computed amount isn't equitable given the time and responsibility involved, plus further fees for extraordinary services like litigation or tax matters. The personal representative may waive part or all of the fee in writing.
Co-personal representatives share a single statutory commission, allocated by the court based on services each rendered.
2. Attorney fee — the identical schedule, a second full award
Wyo. Stat. § 2-7-804: the estate's attorney is entitled to the same four-tier schedule as the personal representative, computed on the same basis — making Wyoming unusual in setting attorney fees by statute that mirror executor fees. This means a Wyoming estate can face two full statutory fee awards rather than one. But under § 2-7-805(c), if the same person serves as both personal representative and attorney, the ordinary personal representative fee is barred entirely — only one fee is collected, not both.
3. Court & other costs
- Filing fee — roughly $160 for a district court probate or summary distribution filing.
- Publication to creditors — notice of admission to probate; creditors have 3 months from first publication to present claims — one of the shorter windows in the country.
- Bond — required by default but routinely waived if the will excuses it or all heirs consent; the court can also set it below full estate value.
- Appraisal, certified copies — small additional costs.
4. No Wyoming death tax
No estate, inheritance, or income tax: Wyoming imposes none of the three, one of the most tax-friendly states in the country. Only the federal estate tax can apply, above the federal exemption — so nearly all Wyoming estates owe no death tax.
5. When probate can be simplified in Wyoming
- Small Estate Affidavit (Wyo. Stat. § 2-1-201) — personal property only, filed with the county clerk, no court proceeding, no personal representative appointed, no letters issued. Threshold: $400,000 (raised from $200,000 effective July 1, 2025) — one of the highest in the country. Available 30 days after death.
- Summary Distribution (§ 2-1-205) — covers both real and personal property, including mineral interests common in Wyoming estates. Requires a district court filing, published notice, and a court decree. Shares the same $400,000 threshold as the affidavit.
| Cost component | Wyoming figure | Source |
|---|---|---|
| Personal representative fee | 10% / 5% / 3% / 2% tiered | § 2-7-803 |
| Attorney fee | Same 10% / 5% / 3% / 2% tiered schedule | § 2-7-804 |
| District court filing fee | ~$160 | District Court fee schedule |
| Small estate affidavit / summary distribution | $400,000 | § 2-1-201 / § 2-1-205 |
| State estate / inheritance tax | None | WY Dept. of Revenue |