FAQ: How long does it usually take to get an out-of-state will approved in Wyoming probate?
Quick answer
Under Wyoming law, the time to admit an out‑of‑state will to probate depends on where the decedent lived, whether the will is contested, and whether the probate is handled informally or formally. If the will is valid, uncontested, and you file in the correct Wyoming court, informal admission and issuance of personal representative letters often take 4–12 weeks. Contested matters or cases that require formal hearing can take many months to more than a year. These are general ranges; every case is different.
Detailed answer — What to expect under Wyoming law
This answer assumes a common scenario: a decedent who either lived in Wyoming or owned property in Wyoming, but who signed a will in another state. Wyoming courts generally admit valid wills from other states if the will meets the requirements of the law where it was signed or the Wyoming rules for valid wills. The exact procedure and timing depend on several factors.
1. Where to file
File a petition for probate in the Wyoming district court in the county where the decedent was domiciled at death or where the principal real property is located. The clerk’s office will tell you filing requirements and local procedures.
2. Paperwork the court will expect
- Original will (or a certified copy if the original is unavailable, with explanation).
- Certified copy of the death certificate.
- Petition for probate and forms required by the local court.
- Notice information for heirs, beneficiaries, and creditors.
3. Informal vs. formal probate and timing
Wyoming courts commonly allow informal probate when no dispute exists. Informal probate typically follows these steps and timeframes:
- Clerk reviews the petition and documents: usually a few days to a few weeks after filing (varies by county workload).
- If the clerk accepts the will for informal probate, the court may issue letters of administration/executorship within 2–6 weeks after filing, sometimes faster.
- Creditors’ notice and claim period: the estate generally publishes notices and accepts claims for a statutory period (this can add months before final distribution). Expect a commonly used window of 3–6 months for creditor claims in many probate systems; consult the local court for Wyoming’s exact claim period.
If someone contests the will’s validity (claiming lack of capacity, improper execution, fraud, undue influence, or that a different document controls), the probate becomes formal. Formal proceedings usually include service of process, discovery, and hearings. Formal probate timelines vary widely but commonly take several months to over a year depending on complexity and appeals.
4. Issues specific to out‑of‑state wills that can slow the process
- Questions about whether the will was valid under the law where it was signed and whether Wyoming recognizes it.
- Difficulty obtaining the original will or a certified copy from another state.
- Missing or unclear witness notarization/attestation, which may require affidavits from witnesses or testimony at hearing.
- Multiple jurisdictions: if the decedent owned real property in another state, you may need ancillary probate in that other state too.
5. Practical timeline examples
- Simple, uncontested out‑of‑state will where the clerk admits it informally: 4–12 weeks from filing to letters issued.
- Uncontested but requiring publication and the creditor claim period: 4–8 months before you can close and distribute assets.
- Contested will (litigation required): 6–18+ months and possibly longer if appealed.
6. Where to find Wyoming law and court rules
For specific Wyoming statutes and local procedures consult the Wyoming Legislature and the Wyoming Judicial Branch:
- Wyoming Legislature (statutes and session laws): https://wyoleg.gov/
- Wyoming Judicial Branch (court locations, forms, and local probate rules): https://www.courts.state.wy.us/
Because statutes and local court rules set precise deadlines for notices, creditor claims, and filings, check the Wyoming statutes and the district court’s local rules for exact time periods that will govern your case.
7. When to get help
If the will is out of state, if witnesses are unavailable, if property exists in multiple states, or if anyone contests the will, consult a Wyoming probate attorney early. An attorney can confirm where to file, prepare the petition to avoid delays, and handle disputes.
Helpful hints
- Bring the original will if you have it. Courts prefer originals for admission.
- Obtain a certified death certificate before filing; courts require it.
- Contact the county district court clerk where you expect to file and ask for probate intake instructions and local timelines.
- Ask whether the court offers informal probate intake — that usually speeds admission when there is no dispute.
- If the will was signed in another state, gather evidence of proper execution (witness affidavits, notary certificates, or certified copies) to avoid judicial challenges to admissibility.
- Expect a creditor notice period; plan for a several‑month delay before distributing assets even after letters are issued.
- If multiple states are involved (the decedent owned property elsewhere), you may need ancillary probate in those other states — plan extra time and costs.
- When in doubt, consult a Wyoming probate attorney early to reduce delays and avoid mistakes that prolong the probate.