How to decide which assets to list on a Wyoming small estate affidavit
FAQ: If someone dies and you plan to use Wyoming’s small estate affidavit process, which property must you list—and which items can you leave off or list as zero?
Short answer
List every item of the decedent’s personal property that is subject to the small‑estate procedure in Wyoming and that you are claiming or that affects the estate total. Do not list assets that pass automatically outside probate (for example, assets with valid beneficiary designations or joint property with full rights of survivorship) as part of the estate total; instead note them separately so the court and third parties understand why they are not included. Only put a value of “0” when the asset truly had no value at the decedent’s date of death (for example, a closed bank account with zero balance). When in doubt, include the item with an honest, good‑faith description and a stated value (even if nominal) and explain why it may not be collectible or is excluded.
Why careful listing matters
- Courts use the affidavit to decide whether the estate qualifies for simplified handling.
- Creditors and institutions rely on the inventory to identify assets and debts.
- Deliberately omitting assets or misstating values can cause liability or require reopening of the matter.
What the Wyoming small estate affidavit generally covers
Small estate affidavit procedures typically cover personal property (not real estate) that would otherwise require probate. Examples you should consider for listing:
- Bank accounts titled only in the decedent’s name (list the account name, institution, account number last 4 digits and balance as of date of death).
- Cash, checks, or money in the decedent’s possession.
- Vehicle(s) titled only to the decedent (include VIN and estimated value).
- Household goods, jewelry, electronics, tools, and other tangible personal property (give short descriptions and reasonable values).
- Stocks, bonds, or brokerage accounts that are payable to the estate (list brokerage and account info and value).
- Unpaid wages, refunds, tax refunds, or other receivables due to the decedent at death.
- Small business assets that are owned solely by the decedent (inventory and values).
Generally excluded from the “estate” portion to be administered by an affidavit are:
- Assets with a named beneficiary (life insurance, IRAs, 401(k)s, payable‑on‑death bank accounts) — these pass directly to the beneficiary and usually are not included in the estate total. Still identify them separately so the court knows they exist.
- Property owned jointly with right of survivorship — these usually pass to the surviving joint owner and are not part of the affidavit estate, but list them and explain the joint title.
- Real property (land and buildings) — most small estate affidavits do not allow transfer of real estate; such interests usually require probate or a separate special procedure.
How to decide: step‑by‑step checklist
- Gather documents: death certificate, bank statements, account statements, vehicle titles, deeds, insurance policies, pay stubs, and recent tax returns.
- Check titles and beneficiary designations: look for TOD/POD, named beneficiaries, or joint tenancy language. If an account names a beneficiary or is TOD/POD, do not include it in the estate total; instead note it as a non‑probate asset with the beneficiary’s name.
- Determine whether property is personal property vs. real property. If it’s real property, don’t list it as part of a small estate asset total unless Wyoming law or the local court form explicitly allows you to do so—most times you cannot transfer real property through a small estate affidavit.
- Value each item as of the date of death using bank balances, valuation guides, dealer estimates, or conservative fair‑market value estimates for household goods and vehicles.
- Add up only those items that are truly part of the small‑estate estate to determine whether you meet Wyoming’s small‑estate threshold (check local rules/forms to confirm the current limit). If the total exceeds the statutory threshold, you must open formal probate.
- If an account had a zero balance on the date of death, you may list it with a value of $0 and add a short note (for example, “account closed prior to death — balance $0”). Do not put $0 for an account you have not confirmed; if it later shows a balance you omitted, that creates problems.
Common examples (hypothetical)
Example A — what to list:
- Checking account, Bank A — solely in decedent’s name — balance $6,700 (include this).
- Car titled solely in decedent’s name — 2010 sedan — fair market value $2,200 (include).
- Life insurance policy with named beneficiary — $50,000 — do not include in estate total; list separately noting named beneficiary and policy number.
- Joint savings account with adult child with right of survivorship — list as joint property and explain survivorship; do not include in estate total.
Example B — when to use zero:
- An old bank account that shows a reconciliation with zero balance and bank confirms closed before death — list it with $0 and a brief note explaining why.
- Do not put $0 for an account you have not verified; instead put “unknown” or an estimated value and follow up before filing.
Practical tips when filling the form
- Be transparent. If an item’s collectibility is uncertain (e.g., pending insurance claim or escrow), state the uncertainty and the best current estimate.
- Attach schedules or bank statements as exhibits for any asset that might be questioned by institutions or creditors.
- Use the decedent’s date of death as the valuation date — that is the usual legal standard.
- Check the instructions on the Wyoming small‑estate affidavit form or with the local clerk to confirm whether vehicles or certain debts must be handled separately.
- If you suspect the estate may have debts that exceed assets, get legal advice before distributing anything.
Where to find Wyoming forms and rules
Wyoming courts publish self‑help materials and probate forms that explain the small estate process and any dollar thresholds or local requirements. Start here:
- Wyoming Judicial Branch — Estate Administration (self‑help & forms): https://www.courts.state.wy.us/self-help/estate-administration/
- Wyoming Legislature — statutes and information about decedents’ estates: https://wyoleg.gov/
Because statutes and forms change, always confirm the current small‑estate dollar limit and form version with the court or clerk in the county where the decedent lived.
When to talk to an attorney
Consider consulting a Wyoming probate attorney if:
- The estate total is close to or exceeds the small‑estate threshold.
- There are unresolved creditor claims, business interests, or complex assets (e.g., rental property, trusts, or closely held business stock).
- Someone contests ownership (disputes with heirs or creditors) or you find errors in titles and beneficiary designations.