Petition to Probate a Will Requirements in Wyoming

At a glance

Requirements one by one

Governing law and proceeding type

Wyoming's ordinary route is a district-court petition to probate the will and request letters testamentary. Under § 2-6-209, the order admitting the will also appoints an executor; §§ 2-3-101 to -104 govern qualification before letters.

Court and venue

Section 2-2-101 gives district courts exclusive original probate jurisdiction. Section 2-2-102 starts with the county of the decedent's Wyoming residence and then uses place of death or estate location for nonresident cases. When a qualifying nonresident estate spans counties, § 2-2-103 gives exclusive jurisdiction to the county where the first letters application is made.

Who may petition

W.S. § 2-6-201 does not state a separate list of authorized petitioners. It requires the petition to address the named executor's consent or renunciation and identify the person for whom letters are requested. Section 2-6-202 places the affirmative filing duty on the named executor and permits another competent appointment if that nominee delays beyond 30 days without good cause.

Petition contents

Section 2-6-201 requires five groups: jurisdictional facts; the nominee's consent or renunciation; known heirs' and devisees' names, ages, and residences; the estate's probable value and character; and the proposed letters recipient. A defect of form or in stating jurisdictional facts that actually exist does not void probate.

Original will, copy, and lodging

Under § 2-6-119, a custodian delivers the will to the proper district-court clerk or named executor. Section 2-6-201 itself does not add an original-will attachment recital to the petition's five required groups.

A lost or destroyed instrument uses § 2-6-207 instead. Its execution and validity proof must be written and signed, and at least two credible witnesses must clearly and distinctly prove the provisions.

Filing or production deadline

The custodian has ten days after receiving information of death to deliver the will. The named executor has 30 days after knowing both of the death and the nomination to petition, or may be treated as renouncing the right to letters unless good cause explains the delay.

Proof and self-proving route

W.S. § 2-6-204 admits a compliant self-proved will without further proof. A non-self-proved will may use oral or written testimony from one or more subscribing witnesses, or a deposition commission.

If all subscribing witnesses are deceased or unavailable, § 2-6-205(c) permits sworn testimony from two credible disinterested handwriting witnesses or other sufficient evidence of execution.

Notice, hearing, and objections

Section 2-6-203 permits the court or clerk to hear the petition immediately or at a directed time, with or without notice. Notice is not required and the hearing is not delayed unless good cause appears.

After admission, § 2-6-209 requires certified-mail copies of the order and will to every named beneficiary and heir. The later will-contest and creditor-notice systems are separate from this initial-hearing rule.

Executor qualification, bond, and letters

W.S. § 2-6-208 gives first appointment preference to the will's designee, followed by a beneficiary or beneficiary nominee, creditor or creditor nominee, and another qualified person. The admission order includes the appointment.

Before letters, §§ 2-3-101 to -104 ordinarily require the oath and approved bond. Section 2-3-111 permits letters without bond when the will or a statute expressly says so or the distributees waive bond in writing, while preserving the court's power to require a later bond.

What trips people up

• Initial notice is not automatic. Section 2-6-203 affirmatively allows an immediate hearing without notice unless good cause appears.
• The custodian and executor clocks differ. Delivery is ten days after death information; the nominee's petition period is 30 days after the two specified facts are known.
• Bond waiver is § 2-3-111, not § 2-3-110. Section 2-3-110 addresses failure to provide sufficient security in time.

Common questions

Must the petition be notarized?

Section 2-6-201 states the five petition contents but does not require verification or notarization. Witness proof and the representative's later oath have their own sworn requirements.

Does every probate petition require advance notice?

No. The court or clerk may hear it immediately with or without notice, and the statute says notice is not required absent good cause.

When do letters issue without bond?

When the will or a statute expressly waives bond, or the distributees waive it in writing, subject to the court's power to require a bond later. The representative still must take the statutory oath.

Statutes and sources

• W.S. §§ 2-2-101 to -103 — district-court jurisdiction and venue. Official Wyoming Statutes (accessed 2026-08-09).
• W.S. §§ 2-6-119 to -120 and 2-6-201 to -210 — will delivery, petition, executor clock, hearing, proof, appointment, mailing, and letters. Official Wyoming Statutes (accessed 2026-08-09).
• W.S. §§ 2-3-101 to -104 and 2-3-111 — oath, bond, qualification, lapse, and bond waiver. Official Wyoming Statutes (accessed 2026-08-09).