How to Make a Will in Wyoming: Guide, Requirements and Practical Tips

How to Make a Will in Wyoming

Learning how to make a will in Wyoming starts with understanding two separate issues: what you want your will to accomplish and what Wyoming law requires for the document to be legally effective.

A will can provide instructions about who should receive your property, nominate a personal representative to administer your estate, make specific gifts, and address other matters such as a guardian nomination for minor children.

Wyoming’s Probate Code contains specific rules governing wills. For an ordinary witnessed will, Wyoming law requires a written or typed document, the testator’s signature or authorized signature, and two competent witnesses. Wyoming also recognizes holographic wills and provides a statutory process for making a will self-proving.

The safest approach is to prepare the document carefully, follow the applicable execution requirements, and store the original where the appropriate person can find it after your death.

Wyoming Will Requirements

Before creating a Wyoming will, it helps to understand the basic legal formalities.

Written or Typed Will

An ordinary Wyoming will must be in writing or typed.

This means informal statements about what you want to happen to your property should not be treated as a substitute for a properly executed will.

Wyoming law also recognizes a separate category of holographic wills, which have different requirements.

Testator’s Signature

The testator—the person making the will—must sign the document, or the will may be signed by another person in the testator’s presence and at the testator’s express direction under Wyoming’s statutory requirements.

The signing should therefore be deliberate and performed as part of the formal execution process.

Two Competent Witnesses

An ordinary Wyoming will must be witnessed by two competent witnesses.

The witnesses must comply with the applicable statutory procedure when attesting the execution of the will.

This is one of the most important Wyoming will requirements because simply having two people sign a document does not necessarily establish that the required execution procedure was followed.

Witnesses and Beneficiaries

Wyoming law contains a specific rule concerning witnesses who may benefit from a will.

Generally, a subscribing witness cannot receive a benefit under the will unless there are two disinterested and competent witnesses. The statute also provides an exception where the witness would otherwise be entitled to a portion of the estate without the will.

As a practical matter, using disinterested witnesses can help avoid unnecessary questions.

Who Can Make a Will in Wyoming?

A person creating a will should satisfy Wyoming’s requirements concerning testamentary capacity.

Understanding the Nature of the Will

The person making the will should understand that they are creating a testamentary document and understand the general nature of their property and intended beneficiaries.

Capacity questions can become particularly important when a will is created late in life or under circumstances where another person may later challenge the document.

Voluntary Decision-Making

The will should represent the testator’s own wishes.

If someone pressures or improperly influences another person into making or changing a will, disputes can arise during probate.

For complicated family situations, professional legal advice can help address potential challenges before the will is executed.

What Should a Wyoming Will Include?

A will should do more than simply list a few names.

Testator Information

Start by clearly identifying the person making the will.

The full legal name should be stated accurately, along with other identifying information where appropriate.

Testamentary Intent

The document should make clear that it represents the testator’s will.

This helps distinguish a formal testamentary document from informal notes or instructions.

Revocation of Earlier Wills

A new will commonly states that previous wills and testamentary documents are revoked.

This helps communicate that the new document is intended to control the estate plan.

Beneficiaries

Identify the people or organizations you want to receive property.

Beneficiaries may include:

• Spouse
• Children
• Grandchildren
• Other relatives
• Friends
• Charitable organizations

Use clear names and descriptions to reduce uncertainty.

Specific Gifts

You can identify particular property or amounts of money that should go to particular beneficiaries.

Examples include:

• A vehicle
• Jewelry
• Family heirlooms
• A specified cash amount
• Personal collections

Descriptions should be specific enough for the personal representative to identify the intended property.

Residuary Clause

The residuary clause addresses the property that remains after specific gifts and other applicable obligations have been handled.

This provision is important because not every asset can realistically be listed individually.

A clear residuary plan can reduce the possibility that property will pass under intestacy rules simply because it was overlooked.

Personal Representative

A Wyoming will can nominate the person who should administer the estate.

This person is generally referred to as the personal representative.

The personal representative may handle tasks such as:

• Identifying estate assets
• Addressing valid debts and claims
• Managing estate property
• Completing required court filings
• Distributing assets
• Completing the estate administration process

Choose someone trustworthy, organized, and capable of handling these responsibilities.

Guardian Nomination

Parents of minor children may use their wills to nominate a person they would prefer to care for their children if necessary.

A nomination does not necessarily mean that the nominated person automatically becomes the legal guardian. The applicable court process and law still govern the appointment.

Nevertheless, clearly documenting the parent’s preference can be valuable.

How to Make a Will in Wyoming Step by Step

Once you understand the requirements, the process becomes easier to organize.

Step 1: Make an Inventory of Your Property

Create a list of significant assets.

Consider:

• Homes and other real estate
• Bank accounts
• Investment accounts
• Vehicles
• Personal belongings
• Business interests
• Valuable collections
• Other significant property

You do not necessarily need to list every inexpensive household item.

Step 2: Identify Your Beneficiaries

Decide who should receive your property.

Think about primary and alternate beneficiaries.

For example, ask what should happen if a beneficiary dies before you.

Step 3: Decide Which Gifts Should Be Specific

If you want a particular person to receive a particular item, clearly identify it.

This can be especially useful for family heirlooms and valuable personal property.

Step 4: Decide Who Receives the Residuary Estate

Ask:

Who should receive everything that remains after the specific gifts?

Your answer should be reflected clearly in the residuary provision.

Step 5: Choose a Personal Representative

Select someone who can realistically manage estate administration.

Consider whether the person is:

• Trustworthy
• Responsible
• Organized
• Financially capable
• Available
• Willing to serve

It is also sensible to consider an alternate.

Step 6: Nominate a Guardian if Appropriate

If you have minor children, identify your preferred guardian.

Consider discussing the responsibility with the person before naming them.

Step 7: Review the Completed Document

Check every name, relationship, property description, and distribution instruction.

A typo in a name or unclear property description can create unnecessary confusion.

Step 8: Sign the Will Properly

For an ordinary Wyoming will, follow the statutory execution requirements involving the testator and two competent witnesses.

Do not improvise the signing ceremony.

Step 9: Consider Making the Will Self-Proving

Wyoming law provides a procedure under which a will can be made self-proving through the required acknowledgments and witness affidavits before an authorized officer.

A properly self-proved will can simplify the proof of execution during probate.

Step 10: Store the Original Safely

After signing, protect the original will from loss, damage, or unauthorized changes.

Make sure your personal representative or another trusted person knows where it is located.

Does Wyoming Require Two Witnesses for a Will?

For an ordinary witnessed will, Wyoming law requires two competent witnesses.

The witnesses must participate according to the statutory requirements for execution.

Why Witness Procedure Matters

The purpose of the witnesses is not merely to add two signatures.

They provide evidence that the testator properly executed the will and that the required formalities were followed.

Wyoming courts have explained that proof of a will involves establishing due execution and have identified the ordinary requirements as a written or typed will, two competent witnesses, and the required signature by the testator or an authorized person.

Choose Witnesses Carefully

Using people who have no financial interest in the estate can be a practical way to reduce potential disputes.

Wyoming’s statute contains specific rules concerning benefits to subscribing witnesses.

Does a Wyoming Will Need to Be Notarized?

Not every ordinary Wyoming will needs a notary simply to be a valid witnessed will.

The basic execution rules focus on the written will, signature, and required witnesses.

However, a notary can be important when using Wyoming’s self-proving will procedure.

Self-Proving Wills

Wyoming law allows a will to be simultaneously executed, attested, and made self-proving through the statutory acknowledgment and affidavit procedure.

The benefit is practical: a self-proving will can reduce the amount of additional evidence required to establish proper execution during probate.

Notarization Is Not a Substitute for Witnesses

A common mistake is to think:

“If I get the will notarized, I don’t need witnesses.”

That is not a safe assumption for an ordinary Wyoming will.

Follow the statutory witness requirements first, then use the self-proving procedure when appropriate.

Can You Make a Holographic Will in Wyoming?

Yes. Wyoming recognizes holographic wills.

A holographic will that does not comply with the ordinary witnessed-will requirements can be valid if it is entirely in the testator’s handwriting and signed by the testator. Wyoming law specifically provides for this form of will.

What Is a Holographic Will?

A holographic will is generally a will written by the testator in their own handwriting.

Wyoming’s statutory rule is significant because it does not require the same two-witness procedure used for an ordinary witnessed will.

Is a Holographic Will a Good Choice?

It may be legally recognized, but that does not mean it is always the best practical option.

Handwritten wills can create questions about:

• Whether the entire document is in the testator’s handwriting
• Whether a particular statement was intended as a testamentary instruction
• Whether the document is complete
• Whether later handwriting or markings changed the document
• Whether the testator had capacity
• Whether another document replaced it

For a straightforward estate, a properly executed formal will can provide greater clarity.

Can Wyoming Wills Be Witnessed Remotely?

Wyoming law includes provisions allowing witnesses to a will to appear using audio-video communication technology when specified conditions are satisfied.

The witnesses must be able to see and hear the testator in real time, have an opportunity to judge the testator’s competency, be able to securely sign the will electronically, and determine that the testator is signing freely and voluntarily.

Remote Execution Has Specific Requirements

A video call alone should not be assumed to satisfy Wyoming law.

The statutory requirements concerning technology, signatures, witnessing, and the circumstances of execution must be followed.

If there is uncertainty about remote execution, professional legal guidance is advisable.

Wyoming Will Forms and Templates

People searching for a Wyoming will form or Wyoming will template often want a simple document they can complete themselves.

Templates can help organize information, but the completed document must still comply with Wyoming law.

What Should a Wyoming Will Form Contain?

A useful form may include sections for:

• Testator information
• Beneficiaries
• Specific gifts
• Residuary estate
• Personal representative
• Guardian nomination
• Testator signature
• Witness signatures
• Self-proving affidavit where appropriate

Are Free Wyoming Will Templates Valid?

A free template is not automatically invalid.

But it is also not automatically valid.

The important issue is whether the completed document accurately expresses your wishes and satisfies the applicable Wyoming requirements.

Avoid Using Another State’s Form Without Checking It

A form designed for another state may contain different requirements.

For example, states can differ in:

• Number of witnesses
• Electronic-will rules
• Holographic-will requirements
• Self-proving procedures
• Probate procedures

Use Wyoming-specific information when preparing a Wyoming will.

What Happens to a Wyoming Will After Death?

A will does not distribute property automatically the moment the testator dies.

The estate may need to go through probate or another applicable administration process.

Wyoming District Courts Handle Probate

Wyoming district courts have exclusive original jurisdiction over probate and will matters, including the granting of letters testamentary and administration and settlement and distribution of estates.

Where Is a Wyoming Will Probated?

Wyoming’s venue statute generally provides that wills are proved and letters testamentary or administration are granted in the county where the decedent was a resident at death.

Special rules apply when the decedent was not a Wyoming resident but died leaving property in Wyoming.

Proving the Will

A will that is not self-proving may require evidence establishing that it was properly executed.

Wyoming law provides procedures for proof by subscribing witnesses, while a qualifying self-proving will can be admitted without additional proof of execution.

Letters Testamentary

When a person dies with a will and an executor or personal representative is appointed, the court can issue the appropriate letters authorizing the representative to administer the estate.

These letters are part of the formal probate process.

What If You Die Without a Will in Wyoming?

If a person dies without a valid will, they generally die intestate.

The estate is then distributed according to Wyoming’s intestacy laws rather than according to the person’s personal testamentary instructions.

This can produce a very different result from what someone would have chosen.

For example, a person may want to leave property to a friend, charity, unmarried partner, or another individual who may not receive the intended property under intestacy.

Creating a valid will allows a person to establish a deliberate distribution plan.

Will vs. Beneficiary Designations in Wyoming

A will does not necessarily control every asset you own.

Some property can pass through separate mechanisms.

Life Insurance

Life insurance policies commonly identify beneficiaries.

The beneficiary designation should be reviewed separately from the will.

Retirement Accounts

Retirement accounts may also have beneficiary designations that determine who receives the account after death.

Payable-on-Death Accounts

Some bank and financial accounts can use payable-on-death arrangements.

The account’s designated beneficiary may receive the asset according to the applicable account arrangement.

Jointly Owned Property

Joint ownership can affect how property passes after death.

For that reason, preparing a will should ideally be accompanied by a review of how significant assets are actually titled.

How to Store a Wyoming Will

Proper storage is an important part of making a will.

Keep the Original Safe

Consider a secure, protected storage location such as:

• A suitable fire-resistant home safe
• Professional attorney custody
• A court safekeeping arrangement where available
• Another secure document-storage system

Make Sure the Personal Representative Can Find It

Do not keep the location secret from the person who will need to administer your estate.

You do not have to disclose the contents of the will to everyone.

But the appropriate person should know where the original can be found.

Keep Copies Carefully

A scanned or photocopied version can be useful for reference.

However, do not allow multiple outdated copies to create uncertainty about which document is the current will.

How to Change a Wyoming Will

A will should be reviewed when circumstances change.

Common Reasons to Update a Will

Consider reviewing your will after:

• Marriage
• Divorce
• Birth or adoption of a child
• Death of a beneficiary
• Death or incapacity of the personal representative
• Significant changes in assets
• Major changes in family relationships
• Moving to another state

Codicils

A codicil can be used to make appropriate amendments to a will.

The codicil itself should be executed according to applicable legal requirements.

For major changes, replacing the existing will may sometimes be clearer than maintaining multiple amendments.

Common Mistakes When Making a Wyoming Will

Using the Wrong State’s Form

A generic form may not reflect Wyoming requirements.

Signing Without Proper Witnesses

For an ordinary witnessed will, Wyoming requires two competent witnesses.

Assuming a Notary Replaces Witnesses

Notarization and witnessing are separate issues.

A notary does not automatically eliminate the statutory witness requirements for an ordinary will.

Forgetting the Residuary Clause

Specific gifts do not necessarily cover everything you own.

A residuary provision helps address the property left over.

Choosing an Unreliable Personal Representative

The person administering the estate may have substantial responsibilities.

Choose carefully.

Ignoring Beneficiary Designations

Some assets pass outside the will.

Review account and policy beneficiaries separately.

Failing to Store the Original

Your estate may need the original document during probate.

A secure but discoverable storage arrangement is preferable to an unknown location.

Failing to Update the Will

An old will may no longer reflect your family, property, or personal representative choices.

When Should You Get Legal Help?

A simple estate may be manageable with straightforward planning, but professional advice can be particularly valuable when circumstances are complicated.

Consider speaking with a Wyoming attorney if you have:

• A large estate
• Significant real estate
• A business
• A blended family
• Minor children
• Property in multiple states
• Complex beneficiary arrangements
• A potential will dispute
• Concerns about undue influence
• Questions about trusts
• Significant tax concerns
• Uncertainty about remote execution

Legal advice can be especially useful when a mistake could create substantial financial or family consequences.

Wyoming Will-Making Checklist

Before signing your will, review this checklist:

• My full legal name is correct.
• My testamentary intent is clear.
• My beneficiaries are clearly identified.
• Specific gifts are accurately described.
• My residuary estate is addressed.
• I have selected a suitable personal representative.
• I have considered an alternate representative.
• Guardian provisions are included if appropriate.
• I understand Wyoming’s witness requirements.
• Two competent witnesses are available for an ordinary witnessed will.
• The signing procedure will comply with Wyoming law.
• I have considered making the will self-proving.
• My original will will be stored securely.
• My personal representative knows where the original is located.
• Important beneficiary designations have been reviewed separately.
• I will review the will after major life changes.

Frequently Asked Questions

How do I make a will in Wyoming?

To make a Wyoming will, identify your assets and beneficiaries, decide how your property should be distributed, choose a personal representative, prepare the document, and execute it according to Wyoming law. An ordinary witnessed will generally requires a written or typed document, the appropriate signature, and two competent witnesses.

Does Wyoming require witnesses for a will?

Yes, an ordinary witnessed Wyoming will requires two competent witnesses who participate according to the statutory execution requirements.

Does a Wyoming will need to be notarized?

Not necessarily. A notary is particularly relevant when using Wyoming’s statutory self-proving procedure. The basic requirements for an ordinary witnessed will should still be followed.

Can I write my own will in Wyoming?

You can prepare your own will, but the document must comply with Wyoming law. A template can help organize your wishes, but it does not guarantee legal validity.

Does Wyoming recognize handwritten wills?

Yes. Wyoming recognizes holographic wills that meet the statutory requirements, including being entirely in the testator’s handwriting and signed by the testator.

Can witnesses sign a Wyoming will remotely?

Wyoming law permits certain remote witnessing using real-time audio-video technology when specified statutory conditions are satisfied.

Where is a Wyoming will probated?

Wyoming probate matters are handled by district courts. Generally, a resident’s will is proved in the county where the decedent lived at death, subject to Wyoming’s venue rules.

What happens if I die without a will in Wyoming?

Your estate is generally handled under Wyoming’s intestacy laws. The distribution may differ from what you would have chosen in a will.

Can I change my Wyoming will later?

Yes, a will can generally be amended or replaced when appropriate. Any amendment or replacement should satisfy the legal requirements applicable at the time it is executed.

Should I use a Wyoming will template?

A Wyoming-specific template can provide a useful starting structure, but you should ensure that the completed document reflects your circumstances and satisfies Wyoming’s execution requirements.

Final Thoughts

Learning how to make a will in Wyoming is ultimately about combining a clear estate plan with proper legal execution.

For an ordinary Wyoming will, the document should be written or typed, properly signed, and witnessed by two competent witnesses according to the state’s requirements. Wyoming also recognizes holographic wills and provides a statutory self-proving procedure. Certain remote witnessing arrangements are permitted when the detailed statutory requirements are satisfied.

After the will is signed, storage matters just as much as preparation. Your personal representative should know where the original is located, because the will may become an important document during probate.

If your estate is straightforward, careful preparation may be relatively simple. But if you have substantial property, a business, multiple beneficiaries, minor children, property in several states, or potential family disputes, professional legal advice can help you avoid preventable problems.

Legal Information Notice: This article provides general educational information and is not legal advice. Wyoming will, probate, inheritance, and estate-administration laws may depend on the facts and circumstances involved. Laws can also change. For advice about creating, changing, or challenging a will, consult a qualified attorney licensed to practice in Wyoming.