Documents Required to Apply for Probate Appointment and Oath in Wyoming

Quick answer: To open probate in Wyoming you typically need the original will (if any), a certified death certificate, a probate petition (application for appointment of personal representative or letters), an acceptance or oath form for the personal representative, any required surety bond (or a bond waiver if allowed), a list of heirs and beneficiaries or notice/contact information, and payment of filing fees. Courts often also expect a proposed order and proof of service/notice to interested parties.

Detailed answer — what you must file and why (Wyoming)

Probate starts in the county where the decedent was domiciled. The documents below are the usual minimum the clerk or the judge will want when you ask the court to appoint a personal representative (sometimes called executor or administrator) and to take the oath of office:

• Original will (if there is one):

  The court needs the original written will to probate it and to identify the nominated executor and any instructions about bond. If there is no will, you file as an intestate administration candidate.

• Certified copy of the death certificate:

  Courts require proof of death. Obtain a certified copy from the Wyoming Department of Health, Vital Records.

  Wyoming Vital Records — Death Certificates

• Petition/Complaint for Probate or Petition for Letters of Administration:

  This is the formal application asking the court to appoint a personal representative. The petition states the decedent’s name, date of death, whether a will exists, the petitioner’s relationship to the decedent, and the names and addresses of heirs and beneficiaries.

• Oath or Acceptance of Appointment by the personal representative:

  The person appointed must sign an oath or acceptance form promising to perform duties faithfully and to follow the law. The court will record the oath when issuing letters (letters testamentary or letters of administration).

• Bond or bond waiver:

  The court may require a surety bond to protect estate creditors and heirs. The will may waive or limit bond for a nominated executor, but any waiver in a will must be valid under Wyoming law. If the court requires a bond, file the bond form and surety information; if a waiver applies, file the waiver paperwork.

• Notice information or proof of service:

  Most Wyoming courts require notice to interested persons (heirs, beneficiaries, spouse, and sometimes creditors). You will either provide addresses for the court to mail notices or file proof you delivered the required notice.

• Proposed order or letters:

  A proposed order appointing the personal representative and directing issuance of letters helps the judge sign appropriate court paperwork.

• List of heirs, beneficiaries, and heirs-at-law information:

  Provide a current list with addresses so the court can direct mailings and ensure proper notice of the probate process.

• Filing fee:

  Wyoming courts charge fees to open probate. Check the county court clerk for current amounts or fee-waiver procedures if you cannot pay.

• Additional documents that may be required depending on circumstances:
  • Renunciation by a nominated personal representative who declines the appointment
  • Affidavits regarding small estates if you plan to use a simplified procedure
  • Certified letters from other jurisdictions if probate was opened elsewhere
  • Copies of death-related contracts or pre-need documents (e.g., burial contracts) that affect the estate administration

How the Wyoming statutory framework fits in

Wyoming statutes govern probate formality, notice, bonding, and the duties of personal representatives. For the statutory rules on decedents’ estates and administration, see Wyoming’s statutes addressing wills, probate, and administration (Title 2 — Decedents’ Estates and Trusts).

For an official reference to Wyoming’s probate statutes, review Title 2 of the Wyoming Statutes:

Wyoming Statutes — Title 2 (Decedents’ Estates and Trusts)

Where to get the required forms in Wyoming

• County court clerk’s office in the county where the decedent lived (most probate filings happen there).
• Wyoming Judicial Branch website and local courthouse pages provide probate form templates, instructions, and fee information. See: Wyoming Judicial Branch.

Practical workflow — step-by-step (common, simplified example)

1. Locate the original will and obtain a certified death certificate.
2. Prepare a petition for probate (or letters of administration if no will) listing heirs and beneficiaries and whether a bond is requested or waived.
3. File the petition, original will, death certificate, and proposed order with the county clerk. Pay the filing fee.
4. Serve or mail required notices to heirs and beneficiaries and file proof of service.
5. The nominated personal representative files an oath/acceptance and, if required, posts bond.
6. The court issues letters to the appointed personal representative and the administration begins.

Helpful Hints

• Start by calling the county court clerk where the decedent lived. Clerks provide local forms, filing fees, and county-specific procedures.
• Bring the original will; courts typically will not accept a copy as the controlling document.
• Get multiple certified death certificates — banks, title companies, and the court often require them.
• If the will explicitly waives bond for the nominated executor, file the will language and a copy of the waiver request so the court can rule on the bond requirement.
• Prepare a clear mailing list of heirs and beneficiaries with addresses to speed the notice process and reduce errors in service.
• If the estate is small, ask the clerk whether a simplified or summary probate procedure applies to avoid full probate administration.
• Keep records and copies of everything you file — the court record will be used to prove the personal representative’s authority (letters) to banks, title companies, and government agencies.

When to get help from an attorney

If the estate has complicated assets (real estate in multiple states, a business interest, disputes among heirs, or potential creditor claims), consider consulting a Wyoming probate attorney. A lawyer can prepare the petition and bond paperwork and help manage contested issues and notices.

Disclaimer: This article explains general Wyoming probate procedures for informational purposes only. It does not constitute legal advice. For advice about a specific situation, contact a licensed attorney in Wyoming or the county court clerk.