AFFIDAVIT OF DISTRIBUTION – SMALL ESTATE ADMINISTRATION
In the event that the value of the Estate of a Decedent located in Wyoming does not exceed $400,000, the Estate may be subject to an abbreviated estate administration process. The availability of this process is dependent upon a number of factors and the type of assets owned by the Estate.
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In the event that the Estate of the Decedent does not exceed $400,000 and consists of solely personal property, the Estate may be subject to distribution through an Affidavit of Distribution. Personal property is generally defined as property other than real estate. The Affidavit of Distribution is a sworn statement made by the beneficiaries, or on behalf of the beneficiaries, setting forth the information prescribed in Wyoming Statute Section 2-1-201 below. The Affidavit is recorded in the County Clerk’s Office, typically in the county where the Decedent was a resident, and upon recording, the beneficiary can present the recorded Affidavit to the appropriate bank, party, or agency holding the property, to have the property transferred to the beneficiary.
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In the event the Estate of the Decedent does not exceed $400,000, and consists of both personal property and real property (real estate), the Estate of the Decedent may be subject to a summary procedure for distribution by filing an Application for Decree of Distribution in Wyoming District Court, and complying with the provisions of Wyoming Statute Section 2-1-205 below.
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In the event the value of the Estate of the Decedent subject to administration exceeds $400,000, then the Estate may need to be administered through a formal probate administration process. Please note that certain assets with a beneficiary designation, such as life insurance and retirement accounts, assets held in trust, or assets that pass pursuant to right of survivorship or a transfer/payable on death designation, are typically not added into the $400,000 calculation. For example, if the Decedent had an IRA with a value of $450,000, which named a child as the beneficiary, the IRA would not be counted against the $400,000 value, and the remainder of Decedent’s estate may still qualify for the summary distribution process.
Below are links to a sample Affidavit of Distribution and Instructions for completing the Affidavit:
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Affidavit of Distribution - Sample Form
Affidavit of Distribution - Sample Form Instructions
Wyoming Statute Section 2-1-201. Payment of indebtedness and delivery of tangible personal property or instruments evidencing debt.
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(a) Not earlier than thirty (30) days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or the instrument evidencing the debt, obligation, stock or chose in action to the person or persons claiming to be the distributee or distributees of the property or the attorney for the distributee or distributees, upon being presented an affidavit, filed as provided by subsection (c) of this section, made by or on behalf of the distributee or distributees stating:
(i) The value of the entire estate located in Wyoming subject to administration, either testate or intestate, less liens and encumbrances, does not exceed four hundred thousand dollars ($400,000.00);
(ii) Thirty (30) days have elapsed since the death of the decedent;
(iii) No application for appointment of a personal representative is pending or has been granted in any jurisdiction in this state;
(iv) The person or persons claiming to be a distributee or distributees are entitled to payment or delivery of the property of the decedent; the facts concerning the distributee's or distributees' relationship to the decedent and concerning the legal basis upon which the distributee or distributees claim entitlement to such property, including facts regarding any intervening estates or other parties who may have a claim of entitlement from the decedent and from whom the applicant distributee or distributees claim and that there are no other distributees of the decedent having a right to succeed to the property under probate proceedings in any jurisdiction; and
(v) If an application for appointment of a personal representative has been made in a jurisdiction outside of Wyoming:
(A) The name and address of the proposed or appointed personal representative, the date of the application and the date of any appointment; and
(B) The title of the proceedings and name of the court and jurisdiction in which the application was made.
(b) The transfer agent for any security shall change the registered ownership on the books of a corporation from the decedent to the distributee or distributees upon presentation of an affidavit as provided in subsections (a) and (c) of this section.
(c) When the affidavit is filed with the county clerk and a certified copy is presented to any person with custody of the decedent's property or a holder of the decedent's property, the affidavit shall be honored and have the effect as provided in this section and W.S. 2-1-202.
(d) The county clerk of the county in which any vehicle is registered shall transfer title of the vehicle from the decedent to the distributee or distributees upon presentation of an affidavit as provided in subsection (a) of this section.
(e) Upon presentation of an affidavit as provided in this section, a person with custody of the decedent's property or a holder of the decedent's property shall pay or deliver any of the decedent's property held or on deposit in the sole name of the decedent, together with the interest and dividends thereon, to the distributee or distributees. A receipt for the payment by the distributee or distributees or proof of delivery by the custodian or holder of the decedent's property shall constitute a valid and sufficient release and discharge for the payment or delivery made.
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Wyoming Statute Section 2-1-205. Summary procedure for distribution of personal or real property; application for decree; notice by publication; presumptive evidence of title; effect of false statements.
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(a) If any person dies who is the owner of personal or real property, including mineral interests, but whose entire estate including personal property does not exceed four hundred thousand dollars ($400,000.00), less liens and encumbrances, the person or persons claiming to be the distributee or distributees of the decedent may file, not earlier than thirty (30) days after the decedent's death, an application for a decree of summary distribution of property.
(b) The application shall be sworn to and signed by any person claiming to be a distributee and shall state the facts required by W.S. 2-1-201(a)(i) through (v). The application shall also fully describe any real property, including any mineral interests, being claimed.
(c) The application shall have attached thereto a sworn report of value which may be based upon a broker's price opinion as defined by W.S. 33-28-102(b)(lxii), made by a person who has no legal interest in the estate, showing the value on the date of the decedent's death of all interests owned by the decedent in real property located in Wyoming, including mineral interests.
(d) Subject to subsection (j) of this section, a notice of application for a decree of summary distribution of property shall be published once a week for two (2) consecutive weeks in a newspaper of general circulation in the county in which the application was filed. The notice of application shall be served by first class mail to the last known address, with copy of application attached, to the surviving spouse of the decedent, if any, and to all other distributees, so far as known, or to their guardians if any of them are minors, or to their personal representatives if any of them are deceased and to any reasonably ascertainable creditors not later than ten (10) days after the date of first publication.
(e) If the decedent received medical assistance pursuant to W.S. 42-4-101 through 42-4-114, the state department of health shall be provided a copy of the application for a decree within ten (10) days after the date of first publication.
(f) An objection to an application shall be filed before the expiration of the later of twenty (20) days after the mailing required by subsection (d) of this section or thirty (30) days after the date of first publication. An untimely objection is forever barred. If no timely objection is filed, the court shall enter a decree establishing the right and title to the property located in Wyoming. A certified copy of the decree shall be recorded in the office of the county clerk of each county in which the real property, including mineral interests, is located. Upon recording of the decree, the decree and the record thereof shall be presumptive evidence of title to the property. If an objection to the application is filed within the time provided in this subsection, the court shall set the matter for a hearing, after which the court shall enter an order either denying or granting the application.
(g) In the event that the decree is entered as the result of an application containing a materially false statement, title to the property which passes as a result of the decree shall not be affected but the person or persons signing as distributee or distributees and knowingly swearing to a materially false statement in the application shall be subject to the appropriate penalties for perjury. Any distributee who is damaged by an application containing a material false statement may file an action to amend the decree, and for damages. The action shall be filed in the court in which the application was filed. Any action under this paragraph is barred unless commenced within two (2) years from the entry of the decree.
(h) The procedure provided by this section may be used in addition to the affidavit procedure provided by W.S. 2-1-201.
(j) Notice to the agent or attorney of any party entitled to notice under this section is notice to that party.
(k) Distributions of property under this article to a person who claims title to the decedent's property through intervening estates is authorized if the person is a distributee as defined in W.S. 2-1-209.
(m) A distributee who has satisfied the requirements of this section and W.S. 2-1-201 is entitled to a decree of summary distribution and no further action under this title is required.
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