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When someone dies without a valid will in Wyoming, they die intestate. Intestate law in Wyoming directs the probate court to distribute property according to set rules in Title 2 of the Wyoming Statutes. This section explains how Wyoming defines an intestate estate, identifies eligible heirs, and orders distribution.

1. Defining an Intestate Estate

Wyoming law defines an intestate estate as all real and personal property subject to probate when a decedent dies without a valid will. See W.S. 2-1-101 for definitions.

2. Identifying Heirs at Law

Wyoming Statute 2-1-101 lists heirs as the surviving spouse, descendants (children, grandchildren), parents, siblings, and more distant relatives. The court traces the family tree to find eligible heirs.

3. Order of Distribution

Wyoming Statute 2-1-103 sets the order:

• If the decedent leaves a spouse but no descendants, the spouse inherits the entire estate.
• If there are descendants but no spouse, all property goes to the descendants in equal shares.
• If the decedent leaves both a spouse and descendants, the spouse receives one-half of the estate if all descendants are also the spouse’s children; otherwise, the spouse receives one-third and descendants split the balance.
• If no spouse or descendants exist, the estate passes to parents, then siblings, then more distant relatives.

Read W.S. 2-1-103: wyoleg.gov.

4. Escheat to the State

If Wyoming finds no eligible heirs, the court directs the estate to escheat to the state treasury. See W.S. 2-1-104.

5. Steps to Administer an Intestate Estate

1. File a petition for probate in the county where the decedent lived.
2. Provide notice to potential heirs and creditors.
3. Inventory assets and pay valid debts and expenses.
4. Distribute remaining assets according to W.S. 2-1-103.
5. Obtain court approval and close the estate.

Disclaimer

This article offers general information under Wyoming law and is not legal advice. Consult a qualified attorney about your specific situation.

Helpful Hints

• Locate family records early to identify heirs and relationships.
• Seek guidance from a trusted probate attorney in Wyoming.
• Keep clear records of assets, debts, and beneficiaries.
• Meet all court deadlines to avoid delays in distribution.
• Don’t overlook digital assets or online accounts during probate.