Disclaimer

This article explains general information about Wyoming small‑estate affidavits only. It is educational and not legal advice. If you have questions about your situation, consider contacting a licensed Wyoming attorney or the county probate office.

Detailed answer — step‑by‑step under Wyoming practice

1. Confirm you can use a small‑estate affidavit

Small‑estate procedures exist to simplify transfer of personal property (bank accounts, household goods, vehicles, etc.) when the estate is small and no formal administration is necessary. Each county and state law sets eligibility requirements (for example, maximum total value, types of property allowed, and whether a pending probate or administration prevents use). Because Wyoming law and local practice determine whether the affidavit applies, contact the county clerk or probate court where the decedent lived to confirm eligibility before preparing the affidavit. You can begin by checking the Wyoming courts and legislature websites for probate information: Wyoming Judicial Branch and Wyoming Legislature.

2. Identify who should sign (the affiant)

Typical affiants are: an heir, the surviving spouse, a person entitled to possession of specific personal property, or an appointed representative under a will or prior arrangement. The affiant must be able to swear to the facts in the affidavit and present identification. If multiple heirs exist, some counties may require consent, notice, or that all heirs join the affidavit.

3. Gather required documents and information

• Certified copy of the decedent’s death certificate.
• Affiant’s government ID (driver’s license or passport) and contact information.
• Decedent’s full legal name, date of death, last residence, and known heirs or beneficiaries.
• Itemized list (accounting) of the personal property to be collected: description, location, estimated value, and who currently holds it (bank, employer, custodian, individual).
• Any written proof of ownership or entitlement (will, beneficiary designation, account statements or receipts).
• Information on whether any formal probate or letters of administration are pending or have been issued.

4. Draft the affidavit — what to include

A proper small‑estate affidavit should be concise and sworn. Typical elements are:

• Caption identifying the affidavit as an affidavit for collection of personal property for the named decedent.
• Affiant’s name, address, relationship to the decedent, and statement of authority to act.
• Decedent’s identifying details (full name, date of death, last residence).
• Statement that no administration (probate) is pending in Wyoming or elsewhere, or that the decedent had no will or no appointed personal representative.
• An itemized accounting of personal property sought, including description and estimated value of each item or account.
• Statement that the total value of personal property subject to the affidavit does not exceed the applicable small‑estate limit (if a limit applies).
• Declaration that the affiant is entitled to possession and will use the property for the benefit of the rightful heirs or as required by law.
• Oath language and signature block for the affiant, with space for a notary public to acknowledge the signature.
• If applicable, a place for other heirs to sign or for a statement that they have been notified.

5. Notarize and attach supporting documents

Sign the affidavit in front of a notary public. Attach the certified death certificate and any documents proving entitlement (e.g., copies of account statements, will, DMV title). Keep certified copies to present to the holder of the property.

6. Present or file the affidavit

How you deliver the affidavit depends on the property holder and local practice:

• For banks and financial institutions: present the notarized affidavit and required ID and documentation to the bank. The bank will follow its policies and may require forms or additional verification.
• For personal property in third‑party custody (employer, storage company): present the affidavit and request release per the holder’s procedures.
• For some counties or property types, you may file the affidavit with the county clerk or probate court to create a record. Check with the local county clerk’s office.

7. Notify creditors and interested persons (if required)

Using a small‑estate affidavit does not always eliminate creditor claims. In many cases you must inform known creditors or publish notice. If you collect property and ignore valid creditor claims, you could be personally liable. Ask the county probate office whether notice or a waiting period applies in your county.

8. Keep careful records and distribute property lawfully

Keep copies of the affidavit, death certificate, receipts, and any correspondence. If you distribute property to heirs, document who received what and obtain receipts. If an heir later disputes distribution, records protect you.

9. Understand potential risks and penalties

Filing a false affidavit can expose you to perjury charges and civil claims. If you are unsure about heirs, debts, or whether property counts as personal vs. real property, consult an attorney before acting.

When to consult an attorney

Talk to a Wyoming attorney if any of the following apply:

• The estate value or claimant list is uncertain.
• There are disputes among heirs or competing claims.
• Significant debts, liens, or tax issues may affect distribution.
• Property at issue includes real estate or complex assets that may not be covered by a small‑estate affidavit.

Where to find Wyoming resources and forms

Check these official sites for up‑to‑date rules and possible forms:

• Wyoming Judicial Branch (probate information and local court contacts): https://www.courts.state.wy.us/
• Wyoming Legislature (statutes and law search): https://wyoleg.gov/
• Your county clerk or probate court website for local procedures and filing rules (search via the Wyoming Judicial Branch site).

Helpful Hints

• Start at the county probate office: rules and small‑estate thresholds can vary in practice and are the best local source.
• Do not assume banks will accept an affidavit without a certified death certificate and proper ID—call ahead to learn the bank’s requirements.
• Keep an accurate, dated inventory and take photos when practical to document condition and existence of items.
• If other heirs exist, notify them in writing and get their signature or written consent when possible to avoid later disputes.
• When in doubt about creditor notice or estate debts, consult an attorney—collecting assets without addressing debts can create personal liability.
• Use plain, specific language in the affidavit: name the item, where it is kept, its approximate value, and why you are entitled to it.
• Retain certified copies of anything you present to a holder (banks, DMV, storage facility) and get receipts for released property.
• Remember that real property (real estate) usually cannot be transferred by a small‑estate personal property affidavit—do not try to transfer titles to land through this procedure.