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Estate Planning in Wyoming

Wyoming has no state income tax, no capital gains tax, no estate tax, and no inheritance tax. It has one of the highest small estate thresholds in the nation ($200,000), strong asset protection trust laws, and privacy-friendly statutes. For estate planning, Wyoming offers a remarkably favorable environment — but its holographic will rules are stricter than you'd expect.

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Last updated: April 2026

What most people don't know about Wyoming

Wyoming is one of the few states with no pretermitted child statute. In most states, if a child is born or adopted after a will is executed and the will doesn't account for them, that child automatically receives an intestate share. Wyoming offers no such protection — a child born after the will is signed can be completely disinherited by omission, with no legal remedy. This makes updating your will after the birth or adoption of a child critically important in Wyoming, unlike states where the law provides a safety net.

Source: WS § 2-6-101 et seq. (no pretermitted heir provision)

Plain English Rules

  • A will must be signed by two witnesses or, if holographic, must be entirely in the testator's handwriting and signed
  • Wyoming has no state income tax, no capital gains tax, no estate tax, and no inheritance tax
  • Small estates under $200,000 can be distributed by summary affidavit — one of the highest thresholds in the nation
  • Wyoming allows domestic asset protection trusts with up to 1,000-year duration
  • A durable power of attorney must include durability language
  • Holographic wills are valid but must be entirely handwritten — not just material portions

What Actually Breaks

Will without witnesses and not entirely in testator's handwriting

Invalid — Wyoming holographic wills must be entirely handwritten, unlike UPC states

DAPT without qualified Wyoming trustee

May not receive asset protection under Wyoming law

POA lacks durability language

Terminates at incapacity

No will in blended family

Spouse receives half the estate; children inherit the other half

No healthcare directive

Family disagreement on treatment

Holographic will with typed portions

Invalid — Wyoming requires the entire document to be handwritten, stricter than UPC states

If This Is Your Situation

Married with children

Spouse receives half the estate; children inherit the other half under intestacy

Married with no children

Spouse inherits entire estate

Estate under $200,000

Summary distribution by affidavit — no formal probate needed

Assets requiring creditor protection

Wyoming DAPT with qualified trustee — up to 1,000-year duration

Single with minor children

Court decides guardianship without a will

At a Glance

Will witnesses2 required
Why it mattersMust sign in testator's presence
Notarization requiredNot required
Notarization noteSelf-proving affidavit available
Self-proving affidavitAllowed and recommended
Durable POARecognized
POA noteMust include durability language
Healthcare directiveRecognized
Directive noteAdvance health care directive under WS § 35-22-401 et seq.
Probate timelineTypically 6–12 months
Probate filing feesTypically $50–$200
Small estate threshold$200,000 (summary distribution by affidavit)
Holographic willsValid if entirely in testator's handwriting and signed

How Wyoming Actually Works

Wyoming combines a favorable tax environment with practical probate simplicity. The $200,000 summary distribution threshold means most Wyoming estates can bypass formal probate entirely — heirs collect assets by affidavit without court proceedings. This is among the highest such thresholds in the country.

The state's tax profile is equally favorable. Wyoming imposes no state income tax, no capital gains tax, no estate tax, and no inheritance tax. This zero-tax environment extends to trusts, making Wyoming an attractive jurisdiction for trust-based planning alongside South Dakota, Alaska, and Nevada.

Wyoming's trust infrastructure includes domestic asset protection trusts with up to 1,000-year duration, directed trust provisions (allowing separation of investment and administrative functions), and strong trust protector statutes. Combined with privacy-friendly LLC laws, these tools create a layered asset protection framework that many families find compelling.

The one area where Wyoming is stricter than expected is holographic wills. While most states that recognize holographic wills only require material portions to be handwritten (the UPC standard), Wyoming requires the entire document to be in the testator's handwriting. A holographic will with any typed or printed portions is invalid. This catches people who assume the more lenient UPC standard applies.

For intestacy, Wyoming gives the surviving spouse only one-half of the estate when children survive — less than most states. This makes having a will especially important for married couples who want to ensure the surviving spouse inherits more than the default share.

Without a Will: How Wyoming Distributes Your Estate

Wyoming follows common law property rules. When someone dies without a will, state intestacy law determines who inherits — and the result depends on your family structure.

Wyoming follows common law property rules for intestate succession. When someone dies without a will, the distribution depends on family structure — but the default shares may surprise families who assume the surviving spouse inherits everything.

Unlike many states, Wyoming gives the surviving spouse only half the estate when children survive. The children inherit the other half equally, regardless of whether they are shared children or children from a prior relationship.

Married with children (same marriage)

Spouse receives one-half of the entire estate. Children inherit the other half equally. Wyoming does not distinguish between shared and non-shared children — the split is always 50/50.

Married with children from a prior relationship

Same as above — spouse receives one-half, children receive one-half. Wyoming makes no distinction based on whether children are from the current or a prior relationship.

Married, no children

Spouse inherits the entire estate.

Single with children

Children inherit everything equally.

Single, no children

Parents, siblings, and descendants of siblings inherit in equal shares (unusual — parents and siblings are on the same level, not sequential). If none, grandparents, uncles, aunts, and their descendants.

Survival period: 120 hours (5 days)

Wyoming follows strict per stirpes distribution (minority approach). Parents and siblings inherit in equal shares rather than sequentially — an unusual feature. There is no pretermitted child statute, so children born after a will is signed have no automatic protection.

Wills in Wyoming

What makes a will valid

Written will with two witnesses, or holographic will entirely in testator's handwriting and signed.

What people think

That a holographic will only needs material portions to be handwritten (that's the UPC rule, not Wyoming's).

What actually happens

Wyoming requires the entire holographic will to be in the testator's handwriting — stricter than UPC states.

Common failure

Holographic will with any typed or printed portions — invalidates the will.

When a trust is better

DAPTs for asset protection, directed trusts for sophisticated management, general trusts for probate avoidance. Wyoming's tax-free environment makes trust planning especially attractive.

See Wyoming document signing requirements →

Power of Attorney in Wyoming

What it does

Grants financial management authority.

Key rule

Must include durability language.

Real-world friction

Financial institutions may reject outdated POAs.

Common mistake

Omitting durability language.

See Wyoming document signing requirements →

Healthcare Directive in Wyoming

What it covers

Treatment preferences and healthcare agent.

What's different

Wyoming combines treatment instructions and agent appointment in a single advance directive.

Execution requirements

Must be signed by principal with two witnesses.

Common misunderstanding

Confusing financial and healthcare POAs.

See Wyoming document signing requirements →

Probate in Wyoming

When required

Assets in decedent's name without beneficiary designations.

What makes Wyoming different

$200,000 summary distribution threshold — among the highest in the nation. No state taxes. District court handles probate.

Probate paths

Full administration· 6–12 months

Standard probate with court oversight.

Summary distribution· 30+ days

Estates under $200,000 by affidavit.

What people get wrong

Not realizing the $200,000 threshold means most Wyoming estates can avoid formal probate entirely.

Trusts in Wyoming

When a trust is useful

DAPTs for asset protection (up to 1,000-year duration). Directed trusts for sophisticated management. Standard trusts for probate avoidance. All enhanced by Wyoming's zero-tax environment.

When a trust is unnecessary

Estates under $200,000 with simple distributions — summary distribution suffices.

Key mistake

Creating a DAPT without a qualified Wyoming trustee. The trustee must maintain records and participate in administration within Wyoming.

Common Mistakes

Holographic will with typed portions

Wyoming requires the ENTIRE document to be handwritten — stricter than UPC states that only require material portions.

DAPT without qualified Wyoming trustee

Must have a trustee with Wyoming nexus — maintains records and participates in administration.

POA without durability language

Terminates at incapacity.

Assuming spouse inherits everything when children survive

Wyoming gives the spouse only half the estate under intestacy when children survive — less than most states.

Not leveraging the $200,000 summary threshold

Most Wyoming estates qualify for summary distribution without formal probate.

Not updating will after birth or adoption of a child

Wyoming has no pretermitted child statute. Unlike most states, a child born after the will is signed has no automatic right to inherit. The will must be updated to include new children.

What Most People Actually Need

Most people don't need a trust. They need a valid will, a durable power of attorney, and a healthcare directive — executed correctly under Wyoming law. The most common mistakes are ones of execution, not planning.

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Frequently Asked Questions

Does Wyoming have any state taxes on estates?

No. Wyoming has no state income tax, no capital gains tax, no estate tax, and no inheritance tax.

Are holographic wills valid in Wyoming?

Yes, but Wyoming is stricter than UPC states. The entire document must be in the testator's handwriting — not just the material portions. Any typed or printed content can invalidate it.

What is the small estate threshold in Wyoming?

$200,000 for summary distribution — one of the highest thresholds in the nation. Most Wyoming estates can bypass formal probate.

What happens if you die without a will in Wyoming?

If married with children, the spouse receives only half the estate. Children inherit the other half. If married with no children, the spouse inherits everything. Wyoming does not distinguish between shared and non-shared children for this purpose.

What is a Wyoming DAPT?

A Domestic Asset Protection Trust that allows the settlor to be a beneficiary while protecting assets from creditors. Wyoming allows trust duration up to 1,000 years and requires a qualified Wyoming trustee.

Can a trust help with asset protection in Wyoming?

Yes. Wyoming's DAPT statutes, combined with no state taxes and strong privacy laws, make it one of the top states for asset protection trust planning. The trust requires a qualified Wyoming trustee.

Primary Sources

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This page is for informational purposes only and does not constitute legal advice. Wyoming law is subject to change. Verify current statutes and consult a licensed attorney for your specific situation. Last updated: April 2026.