Will requirements in Wyoming
Wyoming raised its small-estate threshold to one of the highest in the country effective July 1, 2025, meaning many estates that would need full probate elsewhere can be handled by affidavit here.
Wyoming's headline fact is procedural rather than about execution. Effective July 1, 2025, Wyoming raised its small-estate affidavit threshold to one of the highest figures in the country — double what it had been. Estates that would require full administration in most states can be collected by affidavit here.
Because that change is recent, it is worth being precise about it. The Wyoming Judiciary's own affidavit form distinguishes deaths before July 1, 2025 from deaths on or after, and applies different limits to each. Which figure governs depends on the date of death, not the date you file.
Who can make a will in Wyoming
At a glance
18 or older, and of sound mind
Wyoming requires you to be at least 18 and of sound mind. Capacity is judged at the moment of signing and asks whether you understood the nature of the act, roughly what you owned, and who would ordinarily expect to inherit from you.
Witness requirements
How many witnesses
Two competent witnesses, who must sign in your presence
Wyo. Stat. § 2-6-112
Purging statute with an intestate-share saving clause(unsettled)
Wyoming appears to purge a gift to a witness-beneficiary unless two disinterested witnesses signed, with a witness who is an heir keeping up to their intestate share — but the classification rests on secondary sources and the statutory text should be confirmed
Confirm this with a Wyoming attorney or the text of Wyo. Stat. § 2-6-112 directly.
Two competent witnesses must sign in your presence. The execution formalities themselves are conventional.
The interested-witness consequence is less certain than we would like. The sources for this page indicate Wyoming purges a gift to a witness-beneficiary unless two disinterested witnesses also signed, with an heir-witness saved up to their intestate share. Wyoming is one of the lowest-confidence classifications in the research behind these pages, so we are flagging it rather than stating it flatly — confirm the statutory text before relying on the detail.
The uncertainty does not change the practical advice, and if anything sharpens it. Use two witnesses who inherit nothing under the will, and the classification question never has to be resolved in your estate.
Whatever Wyoming allows, the safe practice is the same everywhere: use two disinterested witnesses who inherit nothing under the will.
Notarization and self-proving affidavits
At a glance
Notarization is not required for validity; a self-proving affidavit is available
A Wyoming will is valid without a notary. Notarization produces the self-proving affidavit — a sworn statement signed by you and both witnesses and attached to the will, letting it be admitted to probate without your witnesses being located and asked to testify.
In a state with a small population spread over long distances, the affidavit is more than a convenience. Anything that removes the need to find a specific person years later is worth the few extra minutes at signing.
Handwritten (holographic) wills
At a glance
Recognized if wholly in your own handwriting and signed
Wyoming accepts holographic wills, and it asks for more than the Uniform Probate Code states do. The will must be wholly in your own handwriting and signed — not merely the material portions, as in Colorado, Montana or Utah, but the entire document.
That distinction catches people who have read general guidance written for UPC states. A part-printed, part-handwritten document that would qualify in Montana does not meet Wyoming's test. A holographic will also has to be proved as yours after death, with none of the protection a self-proving affidavit provides.
Small estate procedure
At a glance(unsettled)
Wyoming raised its small-estate affidavit threshold effective July 1, 2025, doubling the previous figure to one of the highest in the country — the applicable limit depends on whether the death occurred before or after that date
Confirm this with the Wyoming Judiciary's small-estate affidavit form or the district court in the relevant county.
Wyoming's small-estate affidavit threshold was raised effective July 1, 2025, doubling the previous limit and placing Wyoming at or near the top of the national range. A great many estates that would require full administration elsewhere can be collected by affidavit here.
Because the change is recent, two different limits are in play depending on the date of death. The Wyoming Judiciary's affidavit form distinguishes deaths before July 1, 2025 from those on or after, and the earlier, lower figure still governs earlier deaths.
We are not printing either figure. A number this recently changed is exactly the kind that goes stale in secondary sources, and the consequence of using the wrong one is filing under a procedure the estate does not qualify for. Take the current figures from the Judiciary's form or the district court.
Community property or common law
At a glance
Common law (separate property) state
Wyoming is a common law property state. Ownership follows title rather than being automatically shared between spouses because property was acquired during the marriage.
A surviving spouse has an elective share, so a spouse generally cannot be disinherited by will alone. Where ranch land, water rights, or mineral interests form part of an estate, how those are titled matters as much as what the will says — worth confirming before drafting.
Advance directives and powers of attorney
At a glance
Statutory advance health-care directive under the Uniform Health-Care Decisions Act; statutory power of attorney
Wyoming has adopted the Uniform Health-Care Decisions Act, giving you a statutory advance directive that combines an appointment of a health-care agent with your treatment instructions in a single document.
A separate statutory power of attorney covers financial matters. Both operate while you are alive, which is the gap a will never fills.
Frequently asked about Wyoming wills
- Did Wyoming's small estate limit really change?
- Yes. Wyoming raised the small-estate affidavit threshold effective July 1, 2025, doubling the previous figure to one of the highest in the country. Because the change is recent, the applicable limit depends on the date of death — the Wyoming Judiciary's affidavit form distinguishes deaths before July 1, 2025 from those on or after, and the older, lower limit still applies to earlier deaths. Take the current figures from the Judiciary's form rather than a secondary source, which may not have caught up.
- Is a handwritten will valid in Wyoming?
- Yes, but Wyoming's test is stricter than in many neighbouring states. The will must be wholly in your own handwriting and signed — the entire document, not just the material portions. Colorado, Montana and Utah accept a part-printed document where the material portions are handwritten; Wyoming does not. If you have read general guidance written for those states, this is a real trap.
- What happens if a beneficiary witnesses my Wyoming will?
- Most likely the gift is purged unless two disinterested witnesses also signed, with an heir-witness keeping up to their intestate share — but we are flagging rather than asserting this. Wyoming's interested-witness classification is one of the least certain in the research behind these pages, and the statutory text should be confirmed by a Wyoming attorney. Using two witnesses who inherit nothing makes the question moot, which is the better plan either way.
- Do I need a notary for a Wyoming will?
- Not for validity. Your signature and two competent witnesses signing in your presence are what make the will valid. A notary is used for the self-proving affidavit, which is optional but worth doing — it lets the will be admitted to probate without your witnesses having to be tracked down and asked to testify years later.
This is not legal advice
This page is general information about Wyoming law, not legal advice, and reading it does not create an attorney-client relationship. Statutes change, courts interpret them differently, and the right answer depends on facts this page cannot know. Legacy Suite is not a law firm — before you sign or rely on anything, consult an attorney licensed in Wyoming.
Back to all states