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Wyoming Affidavit of Heirship Form – Essential Information for Sole Heirs
When someone dies in Wyoming without a will, heirs- particularly a sole heir, may need to establish legal ownership of property. The Wyoming Affidavit of Heirship Form, especially in the context of “affidavit of sole heirship”, streamlines this process by confirming heirship without full probate. This method is especially helpful in communities like Cheyenne or Casper.
What a Wyoming Affidavit of Heirship Does?
The affidavit of heirship is an oath presented by someone able to testify regarding the family of the deceased – preferably, a disinterested party - certifying that the sole heir is known. When it is notarised and registered in the county in the real property records, it puts the property of the decedent under the ownership of the heir and allows title companies to act on the property.
When the "Sole Heirship" Version Applies?
This variant is ideal when:
Only one heir exists-such as a surviving child or spouse.
No will or probate has been initiated.
The estate is uncontested, and heirs want a quicker, less costly path to title transfer.
Required Components of the Affidavit
1. Affiant’s Credentials
Name and address of the person making the affidavit.
Statement of their personal familiarity with the decedent’s family and history.
2. Decedent’s Details
Full name, date of death, and place of residence (city/county) at time of death.
3. Sole Heir Identification
Clear declaration that only one heir exists, including name, relationship, and confirmation this person is the only legal heir under Wyoming statutes.
4. Certification of No Will or Debts
A confirmation that the decedent did not leave a will.
Declaration that the decedent did not owe anybody at the time of his death.
That the affiant is not an heir and is not financially interested in the estate.
Steps to Complete and File the Affidavit
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Gather all the relevant facts: the decedent information, and ensure the decedent has no other heir.
Fill in the Wyoming-specific affidavit form – in this form, attention is paid to one heir.
Have it signed in the presence of a notary public.
Record the document with the county clerk or recorder where the real estate is located, e.g., Laramie County Clerk in Cheyenne.
When this is documented, the heir is authorised to transfer, sell, or access bank and investment accounts.
Why This Form Is Helpful-and What to Watch For?
Benefits
Offers a quicker, streamlined alternative to probate.
Validates sole heirship for legal and title companies.
Eases the process of estate settlement when no disputes exist.
Important Considerations
The affidavit does not itself transfer title-it only establishes heirship. A separate deed or transfer document is still needed.
Some institutions may require additional proof or documentation.
Disputes or multiple heirs always necessitate formal probate or a judicial declaration.
Understanding Wyoming’s intestate succession is important-if intestacy rules change your status, additional steps may be required.
Common Questions from Heirs
Can this affidavit be used for all types of property?
Yes, generally for both real estate and personal assets like bank accounts- if institutions accept it as proof of heirship.
Is there a time limit to file this affidavit?
There is no fixed deadline, but the earlier the filing, the better to avoid the complication or the loss of records. In addition, the Wyoming law permits requests by heirs through the court, provided there is a two-year lapse in heir determination.
Can disputes arise after recording the affidavit?
Yes. If someone later contests the sole heirship, legal actions may require a judicial determination of heirs.
Accessing the Form
Using the Wyoming Affidavit of Heirship Form for sole heirship offers a direct path to confirming ownership for heirs in Cheyenne, Casper, or beyond-with fewer hurdles. You can prepare and download a fully compliant version right here on forms.legal.