Probate code revisions.

2025 Regular Session Introduced by Marlene Brady and 8 co-sponsors

Raises the small-estate threshold to $400,000, expanding simplified probate procedures and clarifying non-tax-qualified, written disclaimers can pass interests if acknowledged.

Assigned Chapter Number 168

Summary — SF 104 (Probate code revisions) — Enrolled Act No. 85, Chapter 168 (2025)

Status and key dates
- Bill: SF 104 — "Probate code revisions"
- Enacted: Enrolled Act No. 85, Assigned Chapter No. 168
- Governor signed / Chapter assigned: March 19, 2025
- Effective date: July 1, 2025
- Fiscal note: Select Committee on Blockchain and Emerging Technologies — "No fiscal or personnel impact."

Purpose / intent
- To revise Wyoming probate statutes by raising the dollar thresholds that permit simplified summary probate and related procedures, and to clarify the legal effect of certain written disclaimers of property interests.

Primary substantive changes
1. Increased small‑estate thresholds
- Amends multiple probate provisions (W.S. 2‑1‑201(a)(i); 2‑1‑204(a)(i); 2‑1‑205(a); 2‑11‑201; 2‑11‑202(a)(intro)) to raise the maximum estate value eligible for simplified procedures:
- Previous threshold: $200,000
- New threshold: $400,000
- Effect: more estates qualify for summary collection by affidavit, summary distribution proceedings, streamlined treatment of nonresident estates with property in Wyoming, and expedited sale or disposition of nonresident property.

Clarification re: written irrevocable disclaimers (W.S. 2‑1‑403 — new subsection (d))

Provides that a written irrevocable disclaimer that would not otherwise qualify as a "qualified disclaimer" under subsections (a) or (b) may still be effective to terminate and pass an interest if the disclaiming party signs a prior or contemporaneous writing acknowledging that the disclaimer does not qualify for federal or other tax purposes.
Effect: creates a statutory mechanism to validate disclaimers that are intentionally non‑tax qualified, so long as the disclaimant expressly acknowledges that status.

Other legislative activity of note
- Various floor and committee amendments were proposed during floor/committee consideration (including unsuccessful proposals to set thresholds at $300,000 and a House amendment proposing a one‑time appropriation and two positions for the Supreme Court administrative office). The ultimately enacted version sets the $400,000 thresholds and does not include the appropriation.
- Legislative votes: Senate (final passage) 25–5–1; House 3rd reading 60–0–2; Senate concurrence 30–1.

Who is affected
- Beneficiaries/distributees, personal representatives, creditors, and persons or entities holding decedents’ tangible personal property or instruments in Wyoming.
- Executors/administrators and courts handling small or nonresident estates — they may use simplified procedures for estates up to $400,000.
- Persons making disclaimers of inherited interests — the statute clarifies when a disclaimer that is not tax‑qualified still operates to pass the interest.

Practical impact
- Lowers transactional and administrative burdens for a larger set of estates by expanding eligibility for summary processes, likely reducing time and costs for probate in small estates.
- Provides greater certainty for estate planning/disclaimer practice by allowing explicit non‑tax‑qualified disclaimers to be effective when acknowledged in writing.