Do I Need Probate in Wyoming?

A modest ranch house can still blow past $400,000 once the mineral rights underneath it are counted.

Wyo. Stat. Title 2

Quick answer: entire estate (personal property and any real property/mineral interests) at or under $400,000 — the Affidavit of Distribution or Summary Distribution. Anything larger, or contested — full probate. Check your own numbers with the Wyoming small estate checker.

Mineral interests can quietly push an estate over the line

Out-of-state real estate needs its own ancillary proceeding

For an out-of-state decedent who owned Wyoming real estate, an ancillary proceeding is typically needed, where the executor files the Wyoming letters testamentary and a copy of the will with the out-of-state court, or in some cases must obtain new local letters of authority.

Holographic wills carry real trade-offs

Under §2-6-113, a handwritten, signed will is valid without witnesses — but holographic wills are easier to challenge and harder to probate than a formally witnessed will, so this option carries genuine trade-offs even though it's valid.

What skips probate before any threshold matters

A Transfer on Death deed recorded before death, joint tenancy with right of survivorship, and assets held in a living trust all pass outside of probate.

The decision, in order

  1. Is the asset in a trust, jointly held, or covered by a TOD deed? → Skips probate entirely.
  2. No real property/mineral interests, entire estate at or under $400,000? → Affidavit of Distribution.
  3. Real property/mineral interests present, entire estate at or under $400,000? → Summary Distribution.
  4. None of the above fits → Full probate through the District Court.
Facing probate in Wyoming?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Wyoming attorney

Whichever track applies, filing happens with the District Court in the decedent's own Wyoming county.

Do I need probate — frequently asked questions

Why might a modest-looking Wyoming ranch estate still exceed $400,000?

Mineral, oil, and gas interests are often valued separately from the surface land and can push a combined estate well past the threshold even when the house itself is worth relatively little.

What happens for an out-of-state decedent who owned Wyoming real estate?

An ancillary proceeding is typically needed, where the executor files the Wyoming letters testamentary and a copy of the will with the out-of-state court, or in some cases must obtain new local letters of authority.

Are holographic wills a genuine option for avoiding formal will drafting?

Yes, under §2-6-113, but they're easier to challenge and harder to probate than a formally witnessed will, so they carry real trade-offs even though they're valid.

What lets Wyoming real property skip probate entirely?

A Transfer on Death deed recorded before death, joint tenancy with right of survivorship, and assets held in a living trust all pass outside of probate.

This page provides general guidance only and is not legal advice. Based on Wyo. Stat. Title 2. Actual requirements depend on the estate's full facts. Confirm with the District Court or a licensed Wyoming attorney before acting.