Detailed Answer

Under Wyoming law, eligible survivors can bypass formal probate and use the small estate affidavit process to collect and distribute a decedent’s personal property when its total value does not exceed $100,000. This streamlined procedure, governed by Wyo. Stat. § 2-1-201, covers tangible and intangible personal property—bank accounts, vehicles, household goods—but excludes real estate and property subject to lien.

1. Determine Eligibility

• The decedent’s personal property value must be ≤ $100,000. See Wyo. Stat. § 2-1-201.
• No formal probate proceeding is pending or has been opened.
• At least 30 days have passed since the decedent’s death.
• The affiant is an heir, devisee, or creditor 18 or older.

2. Gather Required Information

Before drafting the affidavit, collect:

• Certified copy of the death certificate.
• List of personal property and estimated values.
• Names and addresses of all heirs and known creditors.
• Decedent’s last will and testament, if one exists.

3. Draft and Notarize the Affidavit

Your affidavit must include:

• Decedent’s full name and date of death.
• Affiant’s relationship to the decedent.
• Statement that the total value of personal property is ≤ $100,000.
• Certification that no formal probate is pending.
• Itemized list of personal property with values.
• Notarial acknowledgment.

4. File and Serve

File the completed affidavit with the clerk of district court in the county where the decedent lived. Serve a copy on all heirs and known creditors by certified mail. If no creditor objects within 30 days, you can proceed to collect assets.

5. Collect and Distribute Assets

• Bank and Brokerage Accounts: Present the court-stamped affidavit, death certificate, and issuer forms to the financial institution.
• Vehicles: Submit the affidavit and death certificate to Wyoming Department of Transportation to transfer title.
• Personal Property: Divide items per the decedent’s valid will or, absent a will, under Wyoming’s intestacy rules (Wyo. Stat. §§ 2-4-101 – 2-4-102).

Caveats and Common Pitfalls

• If the estate’s value exceeds $100,000, you must open a formal probate under Wyo. Stat. § 2-1-101.
• This affidavit does not extinguish valid creditor claims—address debts before distributing assets.
• Real property transfers require separate proceedings.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.

Helpful Hints

• Verify the estate’s value with appraisals or account statements.
• Use the district court’s small estate affidavit form if available.
• Keep detailed records of notices and filings.
• Obtain multiple certified copies of the death certificate.
• Consult an attorney when in doubt to avoid mistakes.