Lincoln County District Court Guide

At least 30 days after the death, the distributees sign a sworn affidavit before a notary and file it with the COUNTY CLERK (in Lincoln County, the Lincoln County Clerk, not the clerk of district court). A certified copy presented to a bank, debtor or other holder of the decedent's personal property must be honored (W.S. 2-1-201(c), (e)); a transfer agent must re-register securities ((b)); and the county clerk where a vehicle is registered transfers its title ((d)). A holder who pays under the affidavit is discharged as if it dealt with a personal representative, and a holder who refuses without just cause for 45 days can be made to pay the distributee's attorney's fees (W.S. 2-1-202). It is not a court filing. The Judicial Branch publishes the PPP 01 to PPP 05 forms.

• At least 30 days have passed since the death
• The entire estate located in Wyoming subject to administration, less liens and encumbrances, is worth no more than $400,000 (deaths on or after July 1, 2025)
• No application for appointment of a personal representative is pending or has been granted in any jurisdiction in Wyoming
• The affidavit states the distributees' relationship and legal basis of entitlement, including intervening estates, and that no other distributees exist
• File the signed, notarized affidavit with the county clerk and present a certified copy to each holder

Qualifies:

$400,000

Attorney:

not required by law, though many families use one

A petition is filed with the clerk of district court in the county of residence. For a will, the court or the clerk may hear the petition forthwith, with or without notice, and admit the will on proof of due execution (W.S. 2-6-203); the order admitting a will includes the appointment of an executor (W.S. 2-6-209). Without a will, letters of administration go to the first qualified person in the W.S. 2-4-201 order. After letters issue, the personal representative publishes a notice of probate once a week for three consecutive weeks that also tells creditors to file claims with the clerk within three months of first publication (W.S. 2-7-201), files a sworn inventory within 120 days (W.S. 2-7-403), and should complete the administration within one year of appointment unless the court approves a continuance (W.S. 2-7-801(c)). The estate closes on a final report, accounting and petition for distribution, a hearing and a decree of distribution (W.S. 2-7-811, 2-7-813).

• File the petition with the Lincoln County clerk of district court if the decedent was a resident of Lincoln County at death (W.S. 2-2-102(a)(i))
• Post a bond unless the will or a statute waives it or the distributees waive it in writing (W.S. 2-3-102, 2-3-111)
• Publish the notice of probate and notice to creditors once a week for 3 consecutive weeks (W.S. 2-7-201)
• Mail the notice within one week of first publication to the surviving spouse, heirs and will beneficiaries, and to reasonably ascertainable creditors at least 30 days before the 3-month claim period ends (W.S. 2-7-205)
• File a sworn inventory within 120 days of appointment (W.S. 2-7-403)
• File the final report, accounting and petition for distribution no earlier than 3 months after first publication (W.S. 2-7-204, 2-7-811)
• Obtain the decree of distribution and then the decree of discharge (W.S. 2-7-813, 2-7-814)

Qualifies:

No dollar threshold. The ordinary route for any estate that does not fit a small-estate procedure or that needs a personal representative.

Filing fee:

$160

source

Attorney:

not required by law, though many families use one

The $160 opening fee is the W.S. 2-2-401(a)(i), (iii) and (iv) total; a value-based fee is added when the inventory is filed (W.S. 2-2-401(a)(ii)).

Anyone entitled to letters testamentary under W.S. 2-6-208 may file a sworn petition for probate of the will without administration, before any petition for letters is filed. The will is proved as in an ordinary probate, but the order does not appoint an executor; it recites that the will is admitted without administration. The petitioner then publishes a notice once a week for three consecutive weeks warning that any action to set aside the will must be filed within three months of first publication (W.S. 2-6-122). Administration can still be opened later by petition for letters (W.S. 2-6-122(f)).

• Sworn petition showing the date and place of death, last residence, and the names, ages and residences of the heirs and devisees
• Mail a true copy of the will and the petition to each heir and devisee before filing
• Publish the Notice of Proof of Will Without Administration once a week for 3 consecutive weeks at the petitioner's expense

Qualifies:

No dollar threshold. Used where a will should be proved but no personal representative is needed.

Attorney:

not required by law, though many families use one

The court route that passes REAL PROPERTY, including mineral interests, in a small estate. At least 30 days after death the distributees file a sworn application in the DISTRICT COURT with a sworn report of the date-of-death value of all Wyoming real property (which may be a broker's price opinion). Notice is published once a week for two consecutive weeks and mailed within 10 days of first publication to the spouse, the other distributees and reasonably ascertainable creditors; if the decedent received Medicaid, the Department of Health gets a copy within 10 days. Objections are due by the later of 20 days after mailing or 30 days after first publication. With no timely objection "the court shall enter a decree"; a certified copy recorded with the county clerk where the land lies is presumptive evidence of title (W.S. 2-1-205(f)). The procedure may be used in addition to the affidavit (W.S. 2-1-205(h)). The Judicial Branch packet is PRP 01 to PRP 18; the host labels it "Affidavit for Distribution of Real Property", but every form in it is an application to the court. For a Lincoln County resident the application is filed with the Lincoln County clerk of district court.

• At least 30 days have passed since the death
• Sworn application stating the W.S. 2-1-201(a)(i) to (v) facts and fully describing the real property and mineral interests
• Sworn report of value by a person with no interest in the estate (may be a broker's price opinion)
• Publish notice once a week for 2 consecutive weeks; mail notice with the application within 10 days of first publication
• Send a copy to the Department of Health within 10 days of first publication if the decedent received Medicaid
• Record the certified decree with the county clerk of each county where the real property is located

Qualifies:

The entire estate, including personal property, is worth no more than $400,000 less liens and encumbrances (deaths on or after July 1, 2025; $200,000 from July 1, 2011 until then).

Attorney:

not required by law, though many families use one