Who Inherits If You Die Without a Will in Wyoming
Wyoming's intestacy rules: who inherits when there is no will, the surviving spouse's share, and how small estates are handled.
Short answer: If the decedent leaves a spouse and children (or descendants of children), the spouse takes one-half and the children and descendants of deceased children take the other half. W.S. 2-4-101
| Who inherits without a will | If the decedent leaves a spouse and children (or descendants of children), the spouse takes one-half and the children and descendants of deceased children take the other half. If there is a spouse but no children or descendants, the spouse takes the entire estate. With no spouse, the estate goes to children and descendants of deceased children; if none, in equal parts to the father, mother, brothers and sisters (with descendants of deceased siblings taking their parent's share); if none of these, to grandparents, uncles, aunts and their descendants. Source: W.S. 2-4-101 |
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| Surviving spouse's share | If a married person domiciled in Wyoming leaves the surviving spouse less by will than the elective share, the spouse may elect to take one-half of the property subject to the will (after funeral and administration expenses, allowances, exemptions and enforceable claims) if there are no surviving issue or the spouse is a parent of any of the decedent's surviving issue, or one-fourth if the spouse is not the parent of any of the decedent's surviving issue. The petition must be filed in court and mailed or delivered to the personal representative within three months after the will is admitted to probate or within 30 days after the spouse is advised of the right of election, whichever is later. Wyoming is not a community property state. The court must advise the surviving spouse of the right of election. In estates where an election may be made, the inventory must be filed within 75 days after the will is admitted to probate (W.S. 2-7-403(b)). |
| Small estate affidavit | Not earlier than 30 days after the death, the distributees (or their attorney) may collect money owed to the decedent, tangible personal property, and instruments such as stock by affidavit stating that the value of the entire Wyoming estate subject to administration, less liens and encumbrances, is not more than $400,000; that 30 days have passed; that no application to appoint a personal representative is pending or granted in Wyoming; and the facts showing who is entitled to the property. The affidavit must be filed with the county clerk, and a certified copy is presented to the holder of the property. The county clerk where a vehicle is registered must transfer its title on the affidavit. Real property is handled through the summary distribution procedure instead. The limit was raised from $200,000 to $400,000 effective July 1, 2025 (2025 Wyo. Sess. Laws, Enrolled Act No. 85, SF0104). Government creditors may collect by a similar affidavit after 90 days (W.S. 2-1-204). Source: W.S. 2-1-201; W.S. 2-1-202 |
More Wyoming estate law
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- How Probate Works in Wyoming
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FAQ
Who inherits if someone dies without a will in Wyoming?
If the decedent leaves a spouse and children (or descendants of children), the spouse takes one-half and the children and descendants of deceased children take the other half. If there is a spouse but no children or descendants, the spouse takes the entire estate. With no spouse, the estate goes to children and descendants of deceased children; if none, in equal parts to the father, mother, brothers and sisters (with descendants of deceased siblings taking their parent's share); if none of these, to grandparents, uncles, aunts and their descendants.
What is a surviving spouse entitled to in Wyoming?
If a married person domiciled in Wyoming leaves the surviving spouse less by will than the elective share, the spouse may elect to take one-half of the property subject to the will (after funeral and administration expenses, allowances, exemptions and enforceable claims) if there are no surviving issue or the spouse is a parent of any of the decedent's surviving issue, or one-fourth if the spouse is not the parent of any of the decedent's surviving issue. The petition must be filed in court and mailed or delivered to the personal representative within three months after the will is admitted to probate or within 30 days after the spouse is advised of the right of election, whichever is later. Wyoming is not a community property state.
What is the small estate limit in Wyoming?
Not earlier than 30 days after the death, the distributees (or their attorney) may collect money owed to the decedent, tangible personal property, and instruments such as stock by affidavit stating that the value of the entire Wyoming estate subject to administration, less liens and encumbrances, is not more than $400,000; that 30 days have passed; that no application to appoint a personal representative is pending or granted in Wyoming; and the facts showing who is entitled to the property. The affidavit must be filed with the county clerk, and a certified copy is presented to the holder of the property. The county clerk where a vehicle is registered must transfer its title on the affidavit. Real property is handled through the summary distribution procedure instead.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.