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.