What Documents Are Needed to Complete a Small Estate Affidavit for Estate Assets in Wyoming?

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.

Detailed Answer: Small Estate Affidavit Under Wyoming Law

Wyoming allows a simplified “small estate affidavit” procedure when the decedent’s personal property (net of liens and encumbrances) does not exceed the statutory limit. Under Wyo. Stat. Ann. § 2-1-102 and § 2-1-103, you may avoid full probate by submitting an affidavit to the district court or to a third party holding estate assets. To complete the affidavit, gather the following documents and information:

1. Certified Death Certificate:
   Obtain a certified copy of the decedent’s death certificate from the county clerk or state vital records office.
2. Small Estate Affidavit Form:
   Use or draft an affidavit containing:
   • Decedent’s full name, date of death, and last residence.
   • Statement that no petition for appointment of a personal representative is pending or was granted.
   • Itemized list of estate assets and their estimated values.
   • Name and relationship of each heir or beneficiary entitled to distribution.
   • Declaration that the total value of personal property does not exceed the statutory limit.

   (See Wyo. Stat. Ann. § 2-1-103.)

3. Proof of Heirship or Beneficiary Status:
   Provide an affidavit of heirship or other sworn statement identifying each heir or beneficiary and their relationship to the decedent.
4. Asset Documentation:
   For each asset listed, attach supporting documents such as:
   • Bank or brokerage account statements.
   • Vehicle titles or registration certificates.
   • Appraisals for personal property (vehicles, jewelry, equipment).
5. Affiant’s Identification:
   Include a copy of a government-issued photo ID (driver’s license or passport) for the person signing the affidavit.
6. Notarized Signature:
   Sign the affidavit before a notary public. The notary will verify your identity and witness the oath.
7. Proof of Notice (If Required):
   While Wyoming law does not always require creditor notice for small-estate affidavits, verify local court rules. If notice is required, include certified mail receipts sent to known creditors.
8. Filing Fees and Copies:
   Prepare the required filing fee for the county district court clerk. Bring at least two original affidavits: one for filing and one for distribution to asset holders.

Helpful Hints

• Double-check the current small estate threshold in Wyo. Stat. Ann. § 2-1-103; state law can change.
• Confirm with the county clerk which affidavit format they accept.
• Obtain multiple certified copies of the death certificate early.
• Use conservative asset valuations to avoid disputes.
• Retain proof of all filings and communications with third-party holders.
• Consider consulting a probate attorney if the estate includes real property or complex assets.