How Wyoming law determines the order among children when a person dies without a will

Disclaimer: This is general information, not legal advice. For help about a specific situation, consult a licensed Wyoming attorney or the Wyoming probate court.

Detailed Answer — How succession among children works in Wyoming

When someone dies intestate (without a valid will) in Wyoming, state law lays out who inherits the decedents property. The most important rules that affect children are:

• Surviving children generally inherit the decedents estate in equal shares.
• If a child predeceased the decedent but left children of their own (grandchildren of the decedent), those grandchildren typically inherit the share their parent would have received — this is called representation (commonly referred to as “per stirpes”).
• If there are no surviving children or descendants of children, the estate passes to other relatives (parents, siblings, etc.) or ultimately to the state if no heirs can be found.

These rules are part of Wyomings descent and distribution (intestate succession) law. To review the statutes directly, see the Wyoming statutes on descent and distribution: Wyoming Statutes (Legislature). For procedural matters and local forms, the Wyoming Judicial Branch provides probate information: Wyoming Judicial Branch.

Common scenarios explained (plain-language)

1) Decedent is survived by two or more children and no spouse

The estate is divided equally among the surviving children. Example: if a parent dies owning assets worth $300,000 and has three surviving children, each child would receive an equal one-third share (after debts and administration costs are paid).

2) One child predeceased the decedent but left children (grandchildren)

Where a predeceased child has descendants, those descendants step into the place of the predeceased child and divide that child’s share. Example: a decedent had three children A, B, and C. B died before the decedent but left two children. The estate is divided into three equal shares: A receives one share, C receives one share, and B’s two children divide Bs one share between them.

3) Some children and some grandchildren (multiple generations survive)

Wyoming follows representation rules so that descendants of a predeceased child inherit that parent’s share rather than combining with surviving siblings. This prevents grandchildren from inheriting equally with their aunts/uncles when their parent would have taken a share if alive.

4) Adopted children and stepchildren

Generally, legally adopted children are treated the same as biological children for inheritance purposes. Stepchildren who were never legally adopted normally do not inherit as children under intestacy unless adopted or otherwise provided for. For contested cases or unusual family situations, seek local legal guidance because facts like guardianship, adoption records, or parentage orders affect the result.

5) Children born after the decedents death (posthumous children)

Children conceived before but born after the decedent usually are considered heirs if Wyoming law recognizes them under the statute (for example, if they are his/her biological children and supported by evidence). Timelines and proof matter; check probate rules and consult counsel.

6) Children born out of wedlock

Children born out of wedlock can inherit from a parent if paternity is established under Wyoming procedure (for example by DNA or other legal recognition). Again, documentation and timing can matter.

Procedural notes — what a family member should expect

• If there is no will, someone (often a close relative) must petition the county probate court to open an estate and ask the court to appoint a personal representative (executor/administrator).
• The administrator collects assets, notifies creditors, pays valid debts and taxes, and distributes the remainder to heirs in accordance with Wyoming law.
• Small estate procedures may allow for faster settlement without full probate in some situations. Check with the local court or an attorney to see if the estate qualifies.

For forms, local filing rules, and procedural requirements contact the probate division of the county court where the decedent lived or visit the Wyoming Judicial Branch website: https://www.courts.state.wy.us.

When to talk to an attorney

Consider consulting a Wyoming probate attorney when:

• Heirs dispute who the legal children or heirs are.
• There are complex assets (business interests, real estate in other states, unusual titles).
• There are questions about adopted, posthumous, or out-of-wedlock children.
• Potential creditors, taxes, or creditor claims are substantial.

Helpful Hints

• Gather vital records early: birth certificates, adoption records, marriage certificates, and any paternity documentation. Courts rely on documentation.
• Check for a will or other estate planning documents before assuming intestacy. Sometimes files hide in safety deposit boxes or with a family attorney.
• If a child died before the decedent, obtain that childs death certificate and records showing surviving descendants to support representation claims.
• Keep clear communication among potential heirs. Probate can be faster and cheaper when heirs agree on administration and distribution.
• Use the Wyoming Legislatures statutes and the Wyoming Judicial Branch resources for official guidance: Wyoming Statutes and Wyoming Judicial Branch.
• When in doubt, consult a Wyoming attorney to protect rights and avoid costly mistakes in administration.

Again, this explanation is informational only and not legal advice. A licensed Wyoming attorney can apply the law to specific facts and help file necessary documents with the appropriate probate court.