Wyoming Statutes

Wyo. Stat. § 2-6-205 (2026)

Proof; wills not self-proving.

✓ current as of May 2026

Find cases: SyfertCases citing this section WY-LEGwyoleg.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

     (a) If the will is not self-proving, proof of a will may
be made by the oral or written testimony of one or more of the
subscribing witnesses to the will. If the testimony is in
writing, it shall be substantially in the following form,
executed and sworn to contemporaneously with the execution of
the will or at any time thereafter, whether before or after the
date of death of the testator:

                In the District Court of Wyoming

           In and for .................... County

In the Matter of the Estate of)            Probate No. ....

.... Deceased                   )   Testimony of Subscribing

State of                        )ss Witness on Probate of Will

.... County                     )

     I, ...., being first duly sworn, state:

I reside in the County of ...., State of ....; I knew the
testator on the ... day of ..., (year), the date of the
instrument, the original or exact reproduction of which is
attached hereto, now shown to me, and purporting to be the last
will and testament of the said ....; I am one of the subscribing
witnesses to said instrument; and on the said date of said
instrument, I knew ...., the other subscribing witness; and said
instrument was exhibited to me and to the other subscribing
witness by the testator, who declared the same to be his last
will and testament, and was signed by the testator at ...., in
the County of ...., State of ...., on the date shown in said
instrument, in the presence of myself and the other subscribing
witness; and the other subscribing witness and I then and there,
at the request of the testator, in the presence of said testator
and in the presence of each other, subscribed our names thereto
as witnesses.

Name of witness ....

Address ....

Subscribed and sworn to before me this .... day of...., (year).

Notary Public in and for ....
County of ....

State of ....

(SEAL)

     (b) If it is desired to prove the execution of the will by
deposition rather than by use of the affidavit form provided in
subsection (a) of this section, upon application the clerk shall
issue a commission to some officer authorized by the law of this
state to take depositions, with the will annexed, and the
officer taking the deposition shall exhibit it to the witness
for identification, and, when identified by him, shall mark it
as "Exhibit ...." and cause the witness to connect his
identification with it as such exhibit. Before sending out the
commission the clerk shall make and retain in his office a true
copy of the will.

     (c) If all of the witnesses are deceased or otherwise not
available, it is permissible to prove the will by the sworn
testimony of two (2) credible disinterested witnesses that the
signature to the will is in the handwriting of the person whose
will it purports to be, and that the signatures of the witnesses
are in the handwriting of the witnesses, or it may be proved by
other sufficient evidence of the execution of the will.

Notes of Decisions

Cited in 6 cases, 1979–2016 · leading case: Meyer v. Fanning, 367 P.3d 629 (Wyo. 2016).

Sort: Relevance Newest Treatment

Meyer v. Fanning, 367 P.3d 629 (Wyo. 2016). · cites it 46× “If a will is not self-proving, it may be proven with or without a hearing by complying with Wyo. Stat. Ann. § 2-6-205 (LexisNexis 2015): *635 § 2-6-205.”

In the Matter of the Est. of P. Richard Meyer, Deceased: Miracles Meyer, Pers. Rep. for the Est. of P. Richard Meyer v. Kelly Catherine Fanning, 2016 WY 6 (Wyo. 2016). · cites it 49× “Fanning asked the district court to find that the Will was not a self-proving will, and could not be proven because it was not possible to satisfy the requirements to prove a non-self-proving will 2 contained in Wyo. Stat. Ann. § 2-6-205 . Mrs. Meyer asked the court to admit the…”

Matter of Est. of Altman, 650 P.2d 277 (Wyo. 1982). · cites it 3× “* * *" In this respect, both subscribing witnesses, Marty Fernau and Gemila Stetson, furnished sworn affidavit testimony in writing pursuant to § 2-6-205(a), W.S. 1977. Section 2-6-205(a) provides in pertinent part: "* * * [P]roof of a will may be made by the oral or written…”

Ferriter v. Est. of Blaney, 607 P.2d 354 (Wyo. 1980). “Action on a rejected claim must be instituted within three months after the executor or administrator mails the notice of rejection by registered mail in accordance with the provisions of § 2-6-205, W.S. 1977. The record does not reflect that such notice was mailed.”

Noyes v. First Nat'l Bank of Rawlins, 589 P.2d 384 (Wyo. 1979). “provides that when a claim is filed with the clerk of court and rejected by the administrator, notice of such rejection will be given in the manner provided by § 2-6-205, W.S.1977. This last-mentioned statute provides the claimant shall be notified of the rejection by registered…”

Dainton v. Watson, 650 P.2d 277 (Wyo. 1982). · cites it 3× “‡ ⅜ ‡ 9 In this respect, both subscribing witnesses, Marty Fernau and Gemila Stetson, furnished sworn affidavit testimony in writing pursuant to § 2-6-205(a), W.S.1977. Section 2-6-205(a) provides in pertinent part: “ * * * [Pjroof of a will may be made by the oral or written…”

— Wyo. Stat. § 2-6-205(3) — 1 case

Meyer v. Fanning, 367 P.3d 629 (Wyo. 2016). “If a will is not self-proving, it may be proven with or without a hearing by complying with Wyo. Stat. Ann. § 2-6-205 (LexisNexis 2015): *635 § 2-6-205.”

— Wyo. Stat. § 2-6-205(a) — 4 cases

In the Matter of the Est. of P. Richard Meyer, Deceased: Miracles Meyer, Pers. Rep. for the Est. of P. Richard Meyer v. Kelly Catherine Fanning, 2016 WY 6 (Wyo. 2016). “Fanning asked the district court to find that the Will was not a self-proving will, and could not be proven because it was not possible to satisfy the requirements to prove a non-self-proving will 2 contained in Wyo. Stat. Ann. § 2-6-205 . Mrs. Meyer asked the court to admit the…”

Matter of Est. of Altman, 650 P.2d 277 (Wyo. 1982). “* * *" In this respect, both subscribing witnesses, Marty Fernau and Gemila Stetson, furnished sworn affidavit testimony in writing pursuant to § 2-6-205(a), W.S. 1977. Section 2-6-205(a) provides in pertinent part: "* * * [P]roof of a will may be made by the oral or written…”

Dainton v. Watson, 650 P.2d 277 (Wyo. 1982). “‡ ⅜ ‡ 9 In this respect, both subscribing witnesses, Marty Fernau and Gemila Stetson, furnished sworn affidavit testimony in writing pursuant to § 2-6-205(a), W.S.1977. Section 2-6-205(a) provides in pertinent part: “ * * * [Pjroof of a will may be made by the oral or written…”

— Wyo. Stat. § 2-6-205(b) — 2 cases

— Wyo. Stat. § 2-6-205(c) — 2 cases

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.