Can you use Wyoming’s small estate procedure when the decedent’s bank accounts total $20,000 or less?

Short answer: Under Wyoming law, a simplified transfer for small estates is available when the decedent’s personal property subject to administration falls at or below the statutory limit (commonly referenced as $20,000). To confirm whether a specific bank account (or the combined accounts that are part of the probate estate) meets that limit, you must identify every account that is subject to probate, determine the account balances as of the date of death, and add them together. The steps below explain how to do that and what to watch for.

How Wyoming law treats small estates

Wyoming provides a statutory small‑estate transfer process for modest estates. The rules and the limits are in the Wyoming statutes; see the small estate/transfer provisions in Title 2 of the Wyoming Statutes for the exact language and requirements (for example, see Wyo. Stat. Title 2). Read the statute text or consult the county clerk or an attorney before relying on the process: Wyoming Legislature — Statutes.

Step‑by‑step: How to confirm whether the estate qualifies

1. List every financial account the decedent owned. Include checking accounts, savings accounts, certificates of deposit (CDs), money market accounts, brokerage cash balances, and any other bank or deposit accounts that were solely in the decedent’s name. Exclude accounts that automatically pass to a named beneficiary or surviving joint owner (see Step 4).
2. Get balances as of the date of death. The relevant figure is generally the balance on the date of death, not the current balance. To verify that number:

• Pull the decedent’s most recent statements for each account.
• Contact each financial institution. Provide a certified or certified True Copy of the decedent’s death certificate and your identification. Ask the bank to provide a written verification of the account balance as of the date of death. Banks often call this a “balance as of date of death” or an account history/certification and may provide an official letter or printout.
• If the bank freezes the account or restricts access, you can still request the certified balance. Many banks will confirm the date‑of‑death balance to an executor, administrator, or person seeking to use the small estate process.

3. Add up the probate‑subject personal property balances. Sum the date‑of‑death balances of all accounts that are part of the decedent’s probate estate. The statute’s limit applies to personal property subject to administration; certain items typically pass outside probate and do not count (see Step 4).
4. Exclude non‑probate assets. Do not include assets that pass automatically outside of probate, such as:

• Accounts with a named beneficiary (payable‑on‑death (POD), transfer‑on‑death (TOD), or beneficiary designations).
• Jointly owned accounts with right of survivorship (those pass to the surviving joint owner).
• Life insurance proceeds, IRAs, 401(k)s, and other retirement accounts that have a designated beneficiary (unless no beneficiary is named and the plan requires payment to the estate).

Carefully verify whether a bank account is truly “solely” probate property. If a bank shows a POD or a surviving joint owner on its records, that account usually does not count toward the small‑estate threshold.

5. Account for recent transactions and outstanding holds. Banks may post deposits or withdrawals after the date of death. Document the account activity around the date of death and ask the bank whether any holds, pending deposits, or liens affect the date‑of‑death balance.
6. Decide whether debts affect qualification. The small estate rule typically looks at the gross amount of personal property subject to administration (not net after paying debts). Because statutes vary in wording, confirm whether Wyoming’s rule requires netting claims or not by reviewing the statute or asking the county clerk. If there is any doubt, consult an attorney.
7. Prepare the required affidavit or forms. If the combined probate personal property is at or below the statutory limit and you meet the other statutory conditions, Wyoming’s small‑estate statutory procedures allow a transferee to collect or transfer property by filing an affidavit or using the court’s summary procedure. The statute will describe the affidavit contents, who may sign it, where to file it, and any waiting period for creditors.

Practical tips for dealing with banks

• Bring or send a certified copy of the death certificate.
• Bring photo ID and, if available, the decedent’s will or letters testamentary/letters of administration.
• Ask the bank to confirm whether the account is titled in a way that avoids probate (POD, TOD, or joint survivorship). Get that in writing.
• If the bank will not provide a date‑of‑death balance, ask for an account history that shows the balance on the date of death; a printed statement or bank letter is preferable.

Short hypothetical example (to illustrate)

Jane Doe died owning: a checking account with a date‑of‑death balance of $12,000, a savings account with $6,500, and a CD with $1,200. She had no other probate assets. Her retirement account had a designated beneficiary and is not part of probate. The total of probate‑subject personal property is $19,700. If Wyoming’s small‑estate limit is $20,000 and Jane meets the other statutory requirements, a family member could use the small‑estate procedure to collect the bank accounts without full probate.

When to ask for professional help

Contact an attorney or the county probate court if:

• You cannot get written account balances from a bank.
• There is disagreement about whether an account is probate property.
• The estate value is close to the statutory limit and creditors or other beneficiaries may dispute the transfer.
• The decedent owned real estate, complex assets, or significant debts. Small‑estate procedures usually do not apply to real property.

Where to find the Wyoming statute and county rules

Review the relevant Wyoming statute text for small estate transfers in Title 2 of the Wyoming Statutes and check local county clerk rules for filing procedures. Wyoming’s legislative site (search Title 2 — Probate) is the official source for the statute text: https://wyoleg.gov. For step‑by‑step local filing rules, contact the probate division of the county clerk in the county where the decedent resided.

Helpful Hints

• Get bank confirmations in writing: a bank letter with the account balance as of the date of death is strong proof.
• Check account titles carefully: POD/TOD and joint tenants usually skip probate.
• Do not cash checks or move money before you confirm the account’s probate status; that can create liability.
• Keep a record of every call or correspondence with financial institutions (date, person spoken to, and summary).
• If the estate total is near the limit, consider speaking with a lawyer. Small differences can change whether the simple process applies.

Disclaimer: This article provides general information about Wyoming law and practical steps for determining whether accounts fall under the small estate limit. It is not legal advice. Laws change and every situation is different. For advice about a particular estate, contact a licensed Wyoming attorney or the local county probate office.