Wyoming living trusts & estate documents

Living trust law in Wyoming

A revocable living trust holds your home, accounts, and other property during your life — you stay in full control as trustee and can change or revoke it any time — then passes it to your beneficiaries without probate when you're gone. In Wyoming, trusts are governed by the Wyoming Uniform Trust Code, W.S. 4-10-101 et seq..

Avoiding probate in Wyoming

Probate in Wyoming is governed by the W.S. Title 2 and handled by the District Court. See state probate code for administration options.

Wyoming allows both collection by affidavit and a summary distribution procedure when the entire estate, less liens, is $400,000 or less (Wyo. Stat. §§ 2-1-201, 2-1-205). That simplified procedure is set out in Summary distribution, W.S. §2-1-201. A funded living trust passes outside probate entirely, whatever the size of the estate — which is why Wyoming homeowners in particular set one up. Wyoming also authorizes a transfer-on-death deed (Wyo. Stat. Ann. § 2-18-101 et seq.) to pass real estate outside probate — a living trust does the same for every asset, not just real estate.

In Wyoming, creditors generally have 3 months from the first published notice to creditors to file claims against the estate (Wyo. Stat. § 2-7-703) — one reason court probate takes time that a funded trust avoids.

Estate and inheritance tax in Wyoming

Wyoming imposes no estate tax and no inheritance tax, and no state income tax: Wyoming has no estate, inheritance, or income tax. The separate federal estate tax reaches only estates above $15 million per person (2026, adjusted yearly), so most families never owe it.

Protecting a surviving spouse in Wyoming

A surviving spouse in Wyoming who is left out of the will can instead claim an elective share of one-half of the estate (one-fourth if the spouse is not a parent of the decedent's surviving children) under Wyo. Stat. § 2-5-101 — a protection the will itself cannot override.

Wyoming also sets aside the homestead ($30,000) and exempt property, set over free of debts for a surviving spouse and minor children (Wyo. Stat. § 2-7-501), protected ahead of most creditors.

Signing your Wyoming documents

1. Sign the living trust. Executed and acknowledged before a notary.
2. Sign the will. Two witnesses; notarized self-proving affidavit included (standalone and pour-over wills).
3. Sign the power of attorney. Sign your Durable Power of Attorney before a Notary Public.
4. Sign the health care documents. Sign your Advance Health Care Directive either before a Notary Public or in the presence of two adult witnesses. The form lists who may not serve as a witness — follow it exactly.
5. Follow your package instructions. Your package includes page-by-page signing instructions written for Wyoming — follow those as the authoritative guide.

Serving all of Wyoming

Answer the questionnaire from anywhere in Wyoming and download your completed documents in minutes: Cheyenne, Casper, Gillette, Laramie, Rock Springs, Sheridan, Green River, Evanston, Riverton, Jackson, Cody, Rawlins, and every community in between.