How to Make a Valid Will in Wyoming

Who Can Make a Will in Wyoming?

You must be at least 18 years old to make a will in Wyoming. Any person of legal age (18) and sound mind may make a will. No specific statutory exception for emancipated minors. The testator must be of sound mind, meaning they have not been deemed incompetent in a prior legal proceeding and they understand the nature and extent of their property, the natural objects of their bounty, and the effect of the testamentary act

Signing Requirements

Must be in writing or typewritten. Holographic wills (entirely in testator's handwriting) are also valid (Wyo. Stat. 2-6-112). If you are physically unable to sign, Some person may sign in the testator's presence and by the testator's express direction (Wyo. Stat. 2-6-112).

Witness Requirements in Wyoming

Wyoming requires 2 witnesses. Must be competent witnesses. May appear in person or via audio-video communication technology. Two competent witnesses must see the testator sign the will. Remote witnessing is permitted via audio-video communication technology where witnesses can see and hear the testator in real time (Wyo. Stat. 2-6-112).

Interested witnesses: No subscribing witness may derive any benefit from the will unless there are at least two other disinterested and competent witnesses. If without a will the interested witness would be entitled to a share, they may still receive up to that intestate share amount (Wyo. Stat. 2-6-112)

Notarization in Wyoming

Notarization is not required for a will to be valid in Wyoming. Not required for validity. Required for self-proving affidavits

Self-Proving Affidavit

Wyoming allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. The testator and witnesses must sign an affidavit before an officer authorized to administer oaths, evidenced by the officer's certificate under official seal. Can be done simultaneously with execution or at any subsequent date (Wyo. Stat. 2-6-114)

Handwritten (Holographic) Wills

Wyoming does recognize holographic wills. Valid if entirely in the testator's handwriting and signed by the testator. No witnesses required for a holographic will (Wyo. Stat. 2-6-113)

Electronic Wills

Wyoming does not currently recognize electronic wills. Wyoming does not currently allow electronic wills. However, Wyoming does allow witnesses to appear remotely via audio-video communication technology and to sign the will electronically. Notaries may also appear remotely

How to Revoke a Will in Wyoming

In Wyoming, a will can be revoked by:

• •Executing a subsequent will or codicil
• •Physical destruction (burning, tearing, canceling, obliterating, or destroying) with intent to revoke
• •Another person may destroy the will at the testator's direction and in the testator's presence

Wyo. Stat. 2-6-117

Special Provisions in Wyoming

Wyoming is a separate property state. Wyoming's will statute allows remote witnessing via audio-video communication technology (Wyo. Stat. 2-6-112), making it one of the more flexible states for will execution without requiring a full electronic wills act. Interested witness provisions are stricter than many UPC states, requiring two additional disinterested witnesses if a witness is also a beneficiary

Relevant Wyoming Statutes

• Wyo. Stat. 2-6-101 (Who may make a will)
• Wyo. Stat. 2-6-112 (Will to be in writing; witnesses; signature; subscribing witness not to benefit)
• Wyo. Stat. 2-6-113 (Holographic wills)
• Wyo. Stat. 2-6-114 (Self-proving wills)
• Wyo. Stat. 2-6-117 (Revocation by writing or by act)