Wyoming Last Will and Testament

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.