TN 14 (10-14)

GN 02315.090 Wyoming – Small Estates

A. Policy – Wyoming Small Estates

Wyoming law permits collection and distribution of small estates under $200,000 by affidavit. Section 2-1-201 of the Wyoming Probate Code provides that after thirty days have elapsed since the decedent’s death, any person indebted to the decedent shall make payment of the indebtedness to a person claiming to be the distributee of the property upon being presented an affidavit made by or on behalf of the distributee.

B. Contents of Affidavit

The affidavit must state that:

  1. 1. 

    The value of the entire estate, located in Wyoming or otherwise subject to probate administration in Wyoming, less liens and encumbrances, does not exceed $200,000;

  2. 2. 

    Thirty (30) days have elapsed since the death of the decedent;

  3. 3. 

    No application or petition for the appointment of a personal representative is pending or has been granted in Wyoming; and

  4. 4. 

    The claiming distributees are entitled to payment; the facts concerning the distributee’s relationship to the decedent; and there are no other distributees of the decedent having a right to succeed to the money under probate proceedings.

C. Effect of Affidavit

Section 2-1-202 of the Wyoming Probate Code provides that the person paying pursuant to an affidavit is discharged and released as if the person had dealt with the personal representative of the decedent. The person is not required to inquire into the truth of any statement in the affidavit. If any person to whom an affidavit is delivered refuses to pay, payment may be compelled through judicial process. Any person to whom payment is made is answerable and accountable therefore to any personal representative of the estate or to any other person having a superior right.

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GN 02315.090 - Wyoming – Small Estates - 10/09/2014
Batch run: 10/09/2014