Wyoming Last Will and Testament

A last will ensures your property is distributed according to your wishes when you pass away. Find out more about the specific laws that affect last wills in Wyoming, how to get a last will, how to change a last will, and more.

Start your will today

Trustpilot star rating bar
Bartender reading a menu behind a bar counter.

Contents

Updated on: January 31, 2025
Read time: 4 min

A last will and testament is an important step in planning the distribution of your estate (real and personal property) upon your death. Wyoming wills permit the testator, the person writing the will, to provide for a spouse, children, other loved ones, and pets after his death as well as to name a personal representative for the estate.

Not to be confused with a will, a Wyoming living will, or advance directive, provides instructions should you become incapacitated and incapable of making decisions regarding your medical care.

Do you need a last will and testament?

Although a last will and testament is not legally required, without a will, state laws (called laws of intestacy) will determine the distribution of the deceased’s assets. The outcome may not coincide with the decedent's (the person who passed away) wishes, however, which means it is generally advisable to create a last will and testament.

In addition to providing the opportunity to direct asset distribution, a Wyoming last will and testament also allows the testator to make a charitable gift, create a trust for any person, name a legal guardian for minor children, or create a “pet trust” in order to provide for the care of an animal after its owner’s death.

Before the terms of a will can be accepted, the will must be proven in probate court. Probate is the court-supervised process of distributing the estate of a deceased person.

Once the will is proven, the executor can proceed to wrap up the estate, which includes collecting and protecting property, paying off debts, and then distributing assets.

Wyoming offers two options for small estates worth $200,000 or less:

  1. Claiming property through an affidavit, which skips probate proceedings altogether; or
  2. Filing a written request with the court to use a simplified small estate process.

Intestacy: Dying without a will

Someone who dies without a will is called “intestate,” which invokes the strict laws of intestacy. In Wyoming in the absence of a will, a surviving spouse inherits the entire estate unless the decedent and surviving spouse have descendants, in which case the spouse and descendants each inherit half.

If there is no surviving spouse, descendants, or parents, other relatives, including siblings and grandparents, will inherit depending on the closeness of the relation.

Exceptions to ability to distribute property

Not all property can be distributed according to a will. Some exceptions include the following:

  • Property owned in joint tenancy with right of survivorship
  • Life insurance policy and retirement account proceeds
  • Elective share of surviving spouse in certain conditions

Form a last will in Wyoming

The basic requirements for a Wyoming last will and testament include the following:

  • Age: The testator must be “of legal age.”
  • Capacity: The testator must be of sound mind.
  • Signature: The will must be signed by the testator or by someone else in the testator’s name in his presence, by his express direction.
  • Witnesses: A Wyoming will must be signed by at least two witnesses, who should not also be beneficiaries in the will.
  • Writing: A Wyoming will must be in writing.
  • Beneficiaries: A testator can leave property to anyone.

Other recognized wills in Wyoming

Wyoming recognizes holographic (handwritten) wills so long as the document is entirely in the handwriting of the testator and signed by the hand of the testator himself. A Wyoming holographic will does not need to be witnessed.

Changing a Wyoming last will and testament

A Wyoming will may be changed at any time by codicil, an amendment to the will, which must be executed in the same way as a will.

Revoking a Wyoming last will and testament

The revocation of a Wyoming will can be accomplished by executing a subsequent will or by the will's “being burned, torn, cancelled, obliterated, or destroyed” by either the testator or by someone else at his direction in his presence.

Note that in Wyoming, if the testator gets divorced or has his marriage annulled after executing a will, certain provisions in favor of the ex-spouse are revoked.

LegalZoom can help you make a last will in three easy steps. LegalZoom also offers other legal products to help you prepare for the future, such as a living will and power of attorney.

Start your will todayStart Now
Twitter logoFacebook logoLinkedIn logoReddit logo

This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

10 days ago
Trustpilot star rating bar

User-Friendly Will & Estate Plan Process

The process to create a personal Will & Estate Plan, including a power of attorney and advanced medical directive was very user friendly and fast. The signing directions and explanatory documentation was also very helpful. The cost was reasonable and the on-line assistance chat feature allowed for quick resolution of a special request.

COH
39 days ago
Trustpilot star rating bar

First pass at Estate Plan, prior to receiving Documents

Preparation of documents for an estate plan was quick and easy. Meeting with the attorney went well. He had reviewed my very straight forward documents and found no problems.

Donald Heft
70 days ago
Trustpilot star rating bar

LegalZoom.com…a company you can trust

It’s just a great company to deal with. I am so glad I chose them to help me with my living will/estate plan!

Joseph Austin
87 days ago
Trustpilot star rating bar

Legal Zoom is very easy estate planning.

This was very easy to do, and Beth was very patient and so helpful with the process. I appreciate the time she took to make sure I had everything covered. It is very reassuring to know I have my final wishes on paper.

Glennis Hogan
100 days ago
Trustpilot star rating bar

legal zoom is the way to go

The representative was very knowledgeable about how long it takes to transfer a deed from one person to the next he explained everything and he was very pleasant when speaking to him

Ross
100 days ago
Trustpilot star rating bar

I spoke to the representative today about a Trust...

I spoke to the representative today regarding a question about an existing Living Trust. She was very helpful - told me exactly what I needed to know and how to accomplish it. As a representative in the Financial field I guide clients all the time on where to get documents done right - and its always LegalZoom - easy and effecient!

Gareth
109 days ago
Trustpilot star rating bar

We could not be more Pleased with the…

We could not be more Pleased with the help and service we had during the up dating of our Living Will and Advanced Directive

Richard Poulton
112 days ago
Trustpilot star rating bar

Legal Assistance for the rest of us

Legal Zoom has made it easy and affordable for us to create an LLC, a Will, and a Trust for our families.

K Chapman
115 days ago
Trustpilot star rating bar

LegalZoom .com has exceptional, real, staff to help. I met one!

I purchased multiple accounts to update both our Living Wills and Estate Plans. After utilizing LegalZoom.com’s user-friendly and intuitive platform for these legal documents, I found it necessary to call for clarification on some information within our account. I spoke with Sandra Balderas, who expertly addressed the mistakes I had inadvertently made. Her professionalism and friendliness greatly enhanced the experience. I realized that LegalZoom is not only a straightforward website to navigate for such complex matters, but it also boasts exceptional employees. Thank you, LegalZoom.com, and especially Sandra Balderas, for guiding me through the process. I’m thrilled to have discovered LegalZoom.com.

Max -Phoenix, Arizona
Rated4.6out of 5 based on24,879+ reviewson

Showing our favorite reviews