MORTLState GuidesWyoming

State Guide

Wyoming

What Wyoming law actually says about death, probate, cremation, advance directives, and estate taxes. No legal jargon. Just what you need to know.

Someone just died in Wyoming? The first 24 hours, step by step →

Guide Status

Last reviewed June 2026

Laws change. Each section shows when it was last verified. Always confirm with a licensed Wyoming attorney for your specific situation.

This is general information, not legal advice. Wyoming law changes. Your situation is specific. For anything that matters, talk to a licensed Wyoming attorney. Find one here →

At a Glance

3
days to file
after death
25
years
confidential
$25.00
certified
copy fee
Death occursRestricted (25 yrs)Public record

File within 3 days · Restricted for 25 years · Then public

Filing and certification rules in Wyoming.

A death certificate for each death occurring in Wyoming must be filed with the local registrar within three (3) days of the death. The medical certification portion must be completed and signed by the physician, medical examiner, or nurse practitioner in charge of the patient's care within a reasonable time after death.

Order at least 10 certified copies. Cost in Wyoming: approximately $25.00 for the first copy, $20.00 for additional copies.

Who can order copies and where.

Certified copies of death certificates can be ordered from the Wyoming Vital Statistics Services. Eligible individuals typically include immediate family members or those with a legal right to the record. A valid government-issued ID is required.

  • Wyoming Vital Statistics Services, Hathaway Building, 1st Floor, 2300 Capitol Avenue, Cheyenne, WY 82002. Phone: (307) 777-7591. Website: https://health.wyo.gov/admin/vitalstatistics/
  • Cost: approximately $25.00 for the first certified copy, $20.00 for additional copies ordered at the same time.
  • Online ordering is available through the Wyoming Vital Records portal, with an additional convenience fee.

How do I get a death certificate in Wyoming?

Order certified copies from Wyoming's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Wyoming?

$25.00 per certified copy in Wyoming, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

Related questions

At a Glance

$400k
small estate
threshold
simplified
process available
one year
typical
timeline

Small estate threshold vs. national average

US avg $50k
$0$150k+

When probate is required.

Probate is generally required in Wyoming if a deceased person's assets, not held in a trust or with beneficiary designations, exceed $400,000. For estates with personal property valued at $400,000 or less, a small estate affidavit can be used after a 30-day waiting period.

Wyoming law requires probate to be completed within one year of the personal representative's appointment, unless there is good cause for delay. The will must be filed with the district court within 10 days of death.

If you die without a will.

If a person dies in Wyoming without a valid will (intestate), their assets are distributed according to state law. The distribution depends on the surviving family members.

  • If you have a spouse but no children or parents, your spouse inherits everything.
  • If you have a spouse and children, your spouse inherits one-half of your estate, and your children inherit the other one-half.
  • If you have children but no spouse, your children inherit everything.
  • If you have no spouse, children, or parents, your siblings inherit everything.
  • If no relatives can be found, your estate will escheat to the state of Wyoming.

Avoiding probate.

Common strategies to avoid probate in Wyoming include establishing a living trust, designating beneficiaries on accounts (such as bank accounts, retirement accounts, and life insurance policies), and holding property in joint tenancy with right of survivorship.

How long does probate take in Wyoming?

A straightforward Wyoming probate typically runs one year, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in Wyoming?

$400,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Wyoming?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Wyoming allow transfer-on-death deeds?

Yes. Wyoming authorizes the transfer on death deed under Wyo. Stat. sections 2-18-101 to 2-18-106 (Nontestamentary Transfer of Real Property on Death Act). Record it while you are alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. Wyoming's act (effective July 1, 2013) is not the uniform act but works the same way: the deed must be recorded with the county clerk before the owner's death and can be revoked at any time; the statute includes fill-in forms for both the deed and its revocation.

Source: Wyo. Stat. sections 2-18-101 to 2-18-106 (Nontestamentary Transfer of Real Property on Death Act)

Related questions

Dying Without a Will

Last verified: July 17, 2026

Source: Wyo. Stat. § 2-4-101

Die without a will in Wyoming and this law picks your heirs.

If you die intestate (without a valid will) in Wyoming, Wyo. Stat. § 2-4-101 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

Parents do not outrank siblings: with no spouse or children, the parents and siblings all split the estate equally as a single group. Stepchildren and foster children never inherit (§ 2-4-104).

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

  • Spouse only (no descendants or parents): everything.
  • Spouse + parents (no descendants): everything; parents get nothing.
  • Spouse + joint descendants: one-half to the spouse; children split the other half.
  • Spouse + blended family: same, one-half to the spouse, no special blended rule.
  • Source: Wyo. Stat. § 2-4-101

Children's shares.

The children take everything in equal shares, with the descendants of a dead child collectively taking that child's share.

No spouse, no children: the line of succession.

With no spouse or descendants the estate goes to the father, mother, brothers, and sisters (and descendants of dead siblings) all in equal parts as one group; then to grandparents, uncles, and aunts and their descendants in equal parts; with no heirs it escheats to the State of Wyoming (§ 2-4-105(b)).

Related questions

At a Glance

18
min. age
2
witnesses
required
notary
required

Living Will

Specifies end-of-life care wishes

Healthcare Proxy

Names a decision-maker for you

DNR / POLST

Do-not-resuscitate orders

What Wyoming requires.

Wyoming law allows adults to create an Advance Health Care Directive (AHCD) to make their healthcare wishes known. This document can include a living will and designate a healthcare power of attorney. It must be signed by the declarant and either notarized or attested by two adult witnesses.

It is crucial to discuss your advance directive with your family and healthcare providers to ensure your wishes are understood and respected.

Healthcare power of attorney.

A Healthcare Power of Attorney (HCPOA) is typically part of the Wyoming Advance Health Care Directive. It allows you to appoint an agent to make medical decisions on your behalf if you become unable to do so. The agent's authority becomes effective upon your incapacitation.

POLST / MOLST forms.

Wyoming has a statutory POLST form (Wyo. Stat. §§ 35-22-501 to 35-22-508), a medical order distinct from the Advance Health Care Directive. The AHCD states your wishes and appoints an agent; a POLST turns those wishes into standing medical orders for people with serious illness. Ask your doctor about a POLST if that applies to you.

Where do I get Wyoming's advance directive form?

The controlling law is Wyo. Stat. §§ 35-22-401 to 35-22-416 (Wyoming Health Care Decisions Act), linked as this section's source. Most people use the free statutory form: Wyoming's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Wyoming require a notary or witnesses for an advance directive?

Wyoming requires notarization and 2 adult witnesses, as shown in the requirements above. Anyone 18 or older of sound mind can make one.

Related questions

Cremation & Burial

At a Glance

24hour minimum waiting period before cremation
This state
24 hrs (shortest)72 hrs (longest)
Cremation permit
Written authorization
Home burial allowed

Cremation rules in Wyoming.

In Wyoming, a crematorium cannot accept human remains for cremation until a death certificate has been filed and certified. There is no statutory waiting period after death before cremation can occur, beyond the time required for the death certificate and necessary permits.

Green burial and alternatives.

Green burial is legal in Wyoming, allowing for natural decomposition with minimal environmental impact. This typically involves burial without embalming, in a biodegradable shroud or casket, and in a natural setting. Alkaline hydrolysis (aquamation) is also legal in Wyoming as chemical disposition under Wyo. Stat. § 33-16-502. Human composting is not authorized by Wyoming law.

  • Green burial: Legal and supported by various natural burial grounds.
  • Alkaline hydrolysis (aquamation): Legal as an alternative disposition method.
  • Home burial: Generally permitted on private land, but local zoning and health regulations should be checked.

Funeral home regulations.

Funeral homes in Wyoming are regulated by the Wyoming Board of Embalmers, Funeral Directors, and Funeral Service Practitioners. They must adhere to state licensing requirements and federal regulations, including the FTC Funeral Rule, which mandates price disclosure.

Related questions

At a Glance

State Estate Tax
NONE
No state-level estate tax
Inheritance Tax
NONE
No inheritance tax
Federal Estate Tax
Up to 40%
Applies above
$15.00M (2026)

Wyoming does not have a state estate tax.

Wyoming is one of many states that does not impose a state-level estate tax. Therefore, residents of Wyoming do not pay state estate tax on inherited assets. However, the federal estate tax may still apply to very large estates.

While Wyoming has no state estate tax, the federal estate tax applies to estates exceeding $15 million per person (2026). The higher exemption is now permanent under the One Big Beautiful Bill Act (2025).

Wyoming does not have an inheritance tax.

Wyoming does not levy an inheritance tax. This means that beneficiaries inheriting property from a Wyoming resident will not pay a state inheritance tax on those assets.

Federal estate tax.

The federal estate tax applies to estates over $15 million per person (2026), $30 million for married couples. This is separate from any state estate or inheritance tax. The One Big Beautiful Bill Act (2025) made the higher exemption permanent, so the drop to roughly $7 million once scheduled under the Tax Cuts and Jobs Act never took effect.

Does Wyoming have an estate tax?

No. Wyoming has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does Wyoming have an inheritance tax?

No. Wyoming does not tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

Related questions

At a Glance

18+
to register
How to Register
Driver's license
Online registry
Family Override
Binding
Your decision is legally binding
State registry: Donate Life Wyoming

Registering as a donor in Wyoming.

In Wyoming, you can register to be an organ, eye, and tissue donor through several methods. The most common ways are when applying for or renewing your driver's license or state ID, or by registering online with Donate Life Wyoming.

  • Donate Life Wyoming: https://www.donatelifewyoming.org/
  • Register at the Wyoming Department of Transportation (DOT) when obtaining or renewing your driver's license or state ID.
  • Indicate your wishes in your Advance Health Care Directive.

Your family cannot override your decision.

In Wyoming, as in all states, a registered organ donor decision is legally binding. Your family cannot override it. However, in practice, organ procurement organizations often consult families. Make your wishes known to your family to avoid conflict.

Related questions

Need Help in Wyoming?

Some of this requires a Wyoming attorney.

Wills, trusts, advance directives, and probate all benefit from a licensed professional. We have compiled a directory of funeral directors, grief counselors, hospice providers, and financial advisors. Sorted by state. Before a listing appears, we check the provider's phone and address against the provider's own website.

Find Help in Wyoming

From The MORTL Edit

Read when you're ready.

Sources: Wyoming Statutes Titles 2, 33, 35, 39 (wyoleg.gov); Wyoming Department of Health; Wyoming Department of Revenue; Donate Life Wyoming. This guide is reviewed periodically and updated when laws change. Last full review: June 2026.

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