Detailed Answer

Short answer: Possibly. Under Wyoming law, probate administration is required to transfer many assets that are owned solely in the decedent’s name when there is no will (intestate). However, some assets pass outside probate (because of joint ownership, beneficiary designations, or trusts), and small‑estate or simplified procedures may remove the need for a full formal administration.

How Wyoming law treats estates when there is no will

When a person dies without a will (they die “intestate”), Wyoming’s statutes determine who inherits the decedent’s property and how property held solely in the decedent’s name is transferred to heirs. The relevant rules are set out in Wyoming’s probate statutes (see Title 2, Wyo. Statutes) and the Wyoming courts’ probate procedures. For text of the Wyoming statutes, see: Wyoming Statutes – Title 2 (Wills and Administration). For practical court forms and procedures, see the Wyoming courts’ probate resources: Wyoming Judicial Branch — Probate.

Which assets generally require probate when there is no will?

• Assets titled solely in the decedent’s name (e.g., a house deeded only to the decedent, bank accounts titled in the decedent’s name without payable‑on‑death (POD) designation).
• Personal property that has no beneficiary designation or joint owner (vehicles, collectibles, certain accounts).
• Any property for which a third party (bank, county assessor, title company) will not transfer ownership without a court order authorizing an estate representative.

Which assets usually avoid probate?

• Property held in joint tenancy or tenancy by the entirety with right of survivorship — ownership typically passes automatically to the surviving co‑owner.
• Accounts or policies with named beneficiaries (POD accounts, life insurance, retirement plans) — these typically transfer directly to the beneficiary outside probate.
• Assets held in a living trust — the successor trustee can transfer trust assets without probate.
• Transfer‑on‑death or beneficiary deed (if and where available and properly executed) — such instruments can avoid probate for real property.

Examples (hypothetical facts)

Example 1: Jane died intestate owning a bank account titled only in her name and a house titled only in her name. Her adult sibling is her closest heir under Wyoming intestacy rules. The bank and the county recorder will generally require a probate court order appointing an administrator (personal representative) to transfer the house and close the bank account. Probate administration is likely required.

Example 2: Tom died intestate but his checking account had a payable‑on‑death beneficiary, and his retirement account named a beneficiary. His home was held jointly with his spouse as joint tenants with right of survivorship. The beneficiary designations and joint tenancy allow those items to pass without probate; no probate may be needed unless other solely owned assets remain.

Small‑estate and simplified procedures in Wyoming

Many states permit simplified procedures for small estates that limit court involvement and paperwork. Wyoming provides streamlined procedures and affidavits for certain small estates and limited transfers. Whether you qualify depends on the value and type of assets and the rules of the local probate court. For specifics and forms, check the Wyoming courts page listed above or contact the clerk of the district court where the decedent lived.

What the probate process looks like if administration is required

1. File a petition in the district court in the county where the decedent lived to open an estate and request appointment of an administrator (intestate) or personal representative.
2. The court issues letters of administration (or letters testamentary if a will exists). The administrator collects assets, notifies creditors, pays valid debts and taxes, and then distributes remaining assets to heirs according to Wyoming’s intestacy rules.
3. Close the estate with a final accounting and court approval of distributions.

Common practical considerations

• Real estate often requires probate or a title action to clear the decedent’s name from public records.
• Banks, brokerage firms, and county offices have different thresholds for accepting small‑estate affidavits or releasing property without full probate.
• Probate timelines vary — simple cases may finish in a few months; complex or contested estates can take a year or more.

If you are unsure whether probate administration is required for a particular asset mix, gather an inventory of the decedent’s assets and their title or beneficiary status, and speak with a probate attorney or the local court clerk.

Relevant Wyoming statute reference

Wyoming addresses wills, intestacy, and estate administration in its statutory code. For general statutory guidance, consult Wyoming Statutes, Title 2 (Wills and Administration): https://wyoleg.gov/Statutes/Title02. For procedural forms and court contacts, see the Wyoming Judicial Branch probate resources: https://www.courts.state.wy.us/Pages/Probate.aspx.

Disclaimer: This article provides general information about Wyoming probate and intestacy and is not legal advice. It does not create an attorney‑client relationship. For advice tailored to your situation, consult a licensed Wyoming probate attorney or the local district court.

Helpful Hints

• Make a complete inventory: list real estate, bank and investment accounts, insurance policies, retirement accounts, vehicles, and personal property. Note title names and beneficiary designations.
• Check beneficiary designations and joint ownership before assuming probate is necessary.
• Contact the county clerk or district court probate clerk in the decedent’s county for local rules and small‑estate options.
• If the estate is small and simple, ask whether a small‑estate affidavit or summary procedure applies to avoid full probate.
• Preserve original documents (deeds, account statements, policy paperwork) and secure multiple certified copies of the death certificate from the funeral home.
• Consider speaking with a probate attorney early — an initial consultation can clarify whether administration is necessary and estimate costs and timelines.
• Keep heirs informed to reduce the risk of disputes that can prolong or complicate administration.