Where the estate is opened.
Only if the statute's conditions are met. Read the section below.
Living trust or probate
A revocable living trust holds assets you title in the trustee's name. You can serve as trustee while you are able.
At death, the successor trustee handles those assets. Property you leave in your own name can still go through the probate court. A pour-over will sends leftover assets into the trust, and those leftover assets may pass through probate first.
The probate path
In Wyoming, the estate is opened in the District Court.
W.S. 2-2-202 requires the clerk of the district court in each county to make a docket of all estates of deceased persons pending in the county, including the date of letters testamentary or of administration and the names of the executors or administrators, and requires the judge of the district court to read that probate docket at least once every six months. W.S. 2-7-801 says administration of each estate shall be completed within one year from the date of appointment of the personal representative unless good cause is shown and the court orders a continuance.
Source: Wyoming Statutes section 2-7-801, administration to be completed within one year
Fees
In Wyoming, probate compensation is a statutory commission.
W.S. 2-7-803 computes personal representative fees for ordinary services on the amount of the decedent's probate estate accounted for: ten percent of the first $1,000; five percent of all sums over $1,000 but not exceeding $5,000; three percent of all sums over $5,000 but not exceeding $20,000; and two percent of all sums over $20,000. W.S. 2-7-804 uses the same four brackets for the attorney for the estate. The court may allow an additional fee for unusual circumstances and further just and reasonable fees for extraordinary services. Nothing in section 2-7-804 prevents the personal representative and the attorney from negotiating lower fees. Fees are paid only upon order of the court.
Source: Wyoming Statutes section 2-7-803, Fees of personal representative
Small estate
Wyoming's small-estate figure on this page is $400,000 when the statute's conditions are met.
W.S. 2-1-201 says that not earlier than thirty days after death, a person indebted to the decedent or holding tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action shall pay or deliver it to the claiming distributee, or the attorney for the distributee, on an affidavit. The affidavit must state that the value of the entire estate located in Wyoming subject to administration, either testate or intestate, less liens and encumbrances, does not exceed $400,000; that thirty days have elapsed; that no application for appointment of a personal representative is pending or has been granted in any jurisdiction in this state; and the facts showing the distributee's entitlement. The affidavit is filed with the county clerk, and a certified copy is presented to the holder.
Source: Wyoming Statutes section 2-1-201, Payment of indebtedness and delivery of tangible personal property
Questions
The answers use the same statute and court pages as the sections above.
Does a living trust avoid probate in Wyoming?
A revocable living trust holds the assets you title in the trustee's name. The successor trustee handles those assets. Property still titled in your own name can be a probate matter. A pour-over will can send leftover assets into the trust, and those leftover assets may still pass through probate first.
What is the small-estate procedure in Wyoming?
W.S. 2-1-201 says that not earlier than thirty days after death, a person indebted to the decedent or holding tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action shall pay or deliver it to the claiming distributee, or the attorney for the distributee, on an affidavit. The affidavit must state that the value of the entire estate located in Wyoming subject to administration, either testate or intestate, less liens and encumbrances, does not exceed $400,000; that thirty days have elapsed; that no application for appointment of a personal representative is pending or has been granted in any jurisdiction in this state; and the facts showing the distributee's entitlement. The affidavit is filed with the county clerk, and a certified copy is presented to the holder.
How are probate fees set in Wyoming?
W.S. 2-7-803 computes personal representative fees for ordinary services on the amount of the decedent's probate estate accounted for: ten percent of the first $1,000; five percent of all sums over $1,000 but not exceeding $5,000; three percent of all sums over $5,000 but not exceeding $20,000; and two percent of all sums over $20,000. W.S. 2-7-804 uses the same four brackets for the attorney for the estate. The court may allow an additional fee for unusual circumstances and further just and reasonable fees for extraordinary services. Nothing in section 2-7-804 prevents the personal representative and the attorney from negotiating lower fees. Fees are paid only upon order of the court.
Sources
These are the statute and court pages used above.