Laws
- Days after Death – Thirty (30) days must have passed since the decedent’s death before the affidavit can be used.[1]
- Maximum Amount ($) – $400,000. The affidavit can only be used in relation to assets in Wyoming valued at less than $400,000, less liens and encumbrances.[1]
- Real Estate – Must get a sworn report of value by a person with no legal interest in the estate. Petition for Decree of Distribution must be published once a week for two consecutive weeks and, within 10 days after the first publication of the notice, sent by first-class mail to other successors.[2]
- Signing Requirements – Must be signed in the presence of a notary public and filed with the county clerk’s office.[1]
- Statutes – Title 2, Chapter 1, Article 2. Distribution by Affidavit and Summary Procedure
How to File (7 steps)
1. Obtain Death Certificate
If the death occurred in Wyoming, you can obtain a death certificate from the Department of Health. The fee is $25. You’ll need to attach this to your affidavit when it comes time to collect assets from the estate.
2. Wait 30 Days
The required waiting period before you can use an affidavit after death is 30 days. While you wait, you can use this time to collect information about the estate, which you will need to fill out the affidavit. Make an itemized list of the value of assets belonging to the estate, including bank accounts and vehicles. If the decedent owned real estate, you’ll need to get a broker or realtor with no legal interest in the estate to do a comparative market analysis and estimate the property’s value on the date of the decedent’s death.
3. Prepare Affidavit
If you are a successor to the decedent’s property, download and fill out the Affidavit of Collection of Estate Assets.
4. Give Notice
You must provide the Department of Health with a copy of your application within ten (10) days after publishing the notice. Suppose you are claiming an interest in real estate, per § 2-1-205. In that case, you must publish notice of your application once a week for two consecutive weeks in a newspaper circulating in the county where you are filing your affidavit. Notice of your application must also be sent by first-class mail to other successors, including the decedent’s spouse if s/he had one. Notice must be mailed no later than 10 days after you first publish the notice.
5. Get Affidavit Notarized
Sign the Affidavit of Collection of Estate Assets in the presence of a notary public.
6. File with the County Clerk
If the decedent did not own real estate, you can file your affidavit with the county clerk’s office. Use this locator to find the office in your county. If the decedent did own real estate, you can file the affidavit and documentation with the district court. Use this locator to find the district court in your county.
7. Collect the Assets
When the affidavit is filed with the county clerk, and a notarized copy is presented to each successor, it can be used to collect property belonging to the estate from third parties, including corporations and financial institutions. Once the affidavit is certified, the county clerk will transfer the title of any vehicles belonging to the estate.