To make a valid will in Wyoming, you must be at least 18 and of sound mind, put your wishes in writing or typewriting, and sign it in front of two competent witnesses. Wyoming also recognizes holographic wills, entirely handwritten and signed by the testator, without any witnesses at all.
Key Takeaways
- Wyoming accepts both witnessed wills and holographic (handwritten, unwitnessed) wills.
- A self-proved will, sworn before a notary, avoids the need for witnesses to testify in probate.
- You must be 18 or older and of sound mind to make a will under Wyoming's probate code.
- A will alone does not avoid probate; a funded trust or beneficiary designations do that.
Who Can Make a Will in Wyoming?
The testator of a valid Wyoming will must be at least 18 years of age, of sound mind, and able to dispose of their property by will at the time of drafting. For how a will fits with your broader plan, see our Wyoming estate planning overview.
What Are the Execution Requirements?
Under Wyoming Statutes section 2-6-112, all wills must be in writing or typewritten, witnessed by two competent witnesses, and signed by the testator or by another person in the testator's presence and at the testator's express direction. If the witnesses were competent at the time they attested the will, their later incompetency does not prevent the will from being probated.
Step 1: Decide What Goes in the Will
List your property, name your beneficiaries, choose a personal representative, and name a guardian for any minor children.
Step 2: Choose Typed or Holographic Format
A typed and witnessed will is the more defensible choice. Under Wyoming Statutes section 2-6-113, a will that does not comply with the witnessing rule is still valid as a holographic will, whether or not witnessed, if it is entirely in the testator's own handwriting and signed by the testator, but this route can raise more questions about intent.
Step 3: Sign With Two Competent Witnesses
Sign the will, or direct someone to sign it for you in your presence, with two competent witnesses present, and disinterested witnesses if possible, since a subscribing witness generally cannot receive a benefit under the will unless there are two disinterested witnesses to the same document.
Step 4: Add a Self-Proving Affidavit
Under Wyoming Statutes section 2-6-114, a will may be simultaneously executed, attested, and made self-proved through the acknowledgment of the testator and the affidavits of the witnesses before a notary or other authorized officer. A self-proved will can be admitted to probate without requiring your witnesses to appear and testify.
Step 5: Store the Will Safely
Keep the signed original in a secure location and make sure your personal representative or a trusted family member knows exactly where to find it.
How Do You Update or Revoke a Wyoming Will?
You can revoke a will by executing a new one that expressly revokes it, by a later inconsistent will, or by physically destroying the document with intent to revoke. Marriage, divorce, or the birth of a child are common reasons to update your plan, since these events change who would inherit under Wyoming's intestacy rules without a valid will.
DIY Will vs. Hiring a Lawyer
A simple Wyoming estate is generally well suited to a guided DIY will, provided you follow the two-witness rule (or handwriting rule) exactly. Blended families, a family business, or multi-state real estate usually call for an attorney's help. For common drafting errors to avoid, see common will mistakes in Wyoming. FastWill's Wyoming will package is built around the state's exact execution requirements.
How Does a Will Work With a Power of Attorney or Trust?
A will only takes effect after death. Pair it with a power of attorney in Wyoming so someone can manage your affairs if you become incapacitated, and consider a living trust in Wyoming if you want assets to bypass probate. Our Wyoming estate planning checklist covers how these pieces fit together.
What Happens If You Skip the Will?
Without a valid will, Wyoming's intestacy statute decides who inherits, which may not reflect your wishes. See what happens if you die without a will in Wyoming for the full breakdown.
Common Mistakes to Avoid in a Wyoming Will
- Using only one witness on a typed will, when Wyoming requires two competent witnesses under section 2-6-112.
- Assuming a partly typed document qualifies as holographic. The document must be entirely in your own handwriting and signed by you for that exception to apply.
- Naming an interested witness without a second disinterested witness present, which can limit what that witness is legally allowed to receive under the will.
- Failing to name a successor personal representative or backup guardian, leaving the probate court to appoint someone without your input.
- Not revisiting the will after marriage, divorce, or the birth of a child, leaving outdated instructions that no longer reflect your family.
What Does Making a Will in Wyoming Cost?
Attorney-drafted wills in Wyoming commonly run several hundred dollars or more, depending on complexity and whether a trust is involved. A guided DIY builder is a lower-cost path for straightforward estates, provided you still follow the state's exact witnessing rule (or handwriting rule) when you sign the final document. The signing and witnessing steps matter more than the price of the template, since an improperly executed will can be thrown out in probate no matter how well it reads.
Tell Your Family Where the Will Is
A perfectly executed will does no good if no one can find it when you die. Tell your personal representative, or at least one trusted family member, exactly where the signed original is kept, and give them a copy or a written note describing its location. If you rely on the holographic will exception, keep the document somewhere it cannot be mistaken for a draft or a note, since its validity depends entirely on it being recognized as your intended will.
Frequently Asked Questions
Does Wyoming accept handwritten wills?
Yes, under section 2-6-113 a will entirely in the testator's handwriting and signed by the testator is valid whether or not witnessed.
Do I need a lawyer to make a will in Wyoming?
No, but the will must still meet Wyoming's writing and witnessing requirements (or the handwriting rule for a holographic will) to be valid.
Does a Wyoming will need to be notarized?
Notarization is not required for basic validity, but it is required to add a self-proving affidavit under section 2-6-114, which speeds up probate.
Can a beneficiary witness my Wyoming will?
Wyoming law limits what a witness can inherit unless there are two disinterested witnesses, so using witnesses who receive nothing under the will is the safer approach.
What is the difference between a will and a living trust in Wyoming?
A will takes effect only after death and typically goes through probate; a properly funded living trust can transfer assets to beneficiaries without probate court involvement.
Can I write more than one will in Wyoming?
You should only have one current, valid will at a time. A new will should expressly revoke any earlier ones, since two inconsistent wills can lead to a dispute over which document controls and delay your estate in probate.
