Detailed Answer
When someone dies without a will in Wyoming, the way their bank accounts and property are distributed depends on how each asset is titled and whether it is a probate or non‑probate asset. Below is a plain‑language explanation of the common categories and what typically happens under Wyoming law.
Probate vs. Non‑probate Property
First, separate assets into two types:
- Non‑probate assets: Assets that pass outside probate because of a survivorship feature or beneficiary designation. Examples: bank accounts titled jointly with right of survivorship, payable‑on‑death (POD) accounts, retirement plans and life insurance with named beneficiaries, and real estate explicitly held as joint tenants with right of survivorship.
- Probate assets: Assets that lack a transfer‑on‑death mechanism and are owned solely by the decedent. These go through probate and, if there is no will, they pass under Wyoming’s intestacy rules.
Joint Bank Accounts
How a bank account transfers depends on the account title and the bank’s rules:
- Joint account with right of survivorship (JTWROS): In most cases the surviving joint owner becomes the sole owner automatically at death. Banks often require a certified death certificate to update the account. Because this is a non‑probate transfer, the money usually does not pass through probate.
- Joint account without clear survivorship language: If the account is simply titled in two names but lacks express survivorship wording, the bank’s internal policies and the account agreement control. Some banks will treat the surviving signer as sole owner; others may freeze the account until someone with authority (executor or administrator) shows probate paperwork. If the institution disputes survivorship, the decedent’s share could become part of the probate estate and pass by intestate succession.
- Payable‑on‑death (POD) / Transfer‑on‑death (TOD): Accounts with POD or TOD designations pass to the named beneficiary outright when provided the required documentation (often a certified death certificate and beneficiary ID). These bypass probate.
Real Property and Other Tangible Property
- Joint tenancy with right of survivorship: Real estate titled as joint tenants with right of survivorship transfers automatically to the surviving joint tenant(s) at death. The surviving owner usually records the decedent’s death certificate and an affidavit or other documentation showing the right of survivorship.
- Tenancy in common: If the property is held as tenants in common, each owner owns a divisible share. A deceased co‑owner’s share becomes part of the probate estate and is distributed under Wyoming’s intestacy rules.
- Deed language matters: The exact words on the deed control. If wording is ambiguous, a court may need to decide how the property was intended to be held.
What Intestate Succession Means in Wyoming
If an asset must go through probate and the decedent died without a will, Wyoming law defines who inherits. Generally:
- The surviving spouse and children are first in line; distribution between them depends on whether all children are also the spouse’s children, and whether the decedent has parents or other descendants.
- If there is no spouse or descendants, more distant relatives (parents, siblings, nieces/nephews, etc.) may inherit under the statutory order.
- If no relatives can be found, the estate may ultimately escheat to the state.
For the controlling Wyoming statutes and precise order of heirs, see Wyoming’s probate and intestacy rules: https://wyoleg.gov/ and for general probate guidance see the Wyoming Judicial Branch probate self‑help pages: https://www.courts.state.wy.us/self-help/probate/ .
Practical Steps When Someone Dies Without a Will
- Obtain certified copies of the death certificate from the county or state vital records office.
- Locate account agreements, deeds, titles, beneficiary designations, and any account application paperwork that might show how assets are titled.
- Contact institutions (banks, brokerage firms, title company) to learn their documentation requirements to release funds or change title.
- If an asset is subject to probate, someone (often a close family member) must open a probate case so a personal representative/administrator can be appointed and distribute the estate under Wyoming law.
- If joint owners or beneficiaries exist, present the death certificate and required forms to claim non‑probate assets.
Common Issues and Disputes
- Disagreements over whether an account was intended as a JTWROS can lead to litigation.
- Banks sometimes freeze accounts after a death pending proof of authority; this can delay access to funds for bills and funeral expenses.
- Informal understandings (for example, where family members think money in a joint account really belonged only to the deceased) do not always control—legal title and documentation do.
Where to Find Wyoming Law on These Topics
Wyoming’s statutes and procedural rules govern probate and intestate succession. You can search the statutes and read the text at the Wyoming Legislature website: https://wyoleg.gov/ . For practical probate forms and court procedures, see the Wyoming Judicial Branch probate pages: https://www.courts.state.wy.us/self-help/probate/ .
Helpful Hints
- Get multiple certified death certificates early—banks and other institutions commonly require originals or certified copies.
- Look for beneficiary designations (life insurance, retirement) before assuming an asset is part of probate.
- Check the exact wording on deeds and account agreements—phrasing like “with right of survivorship” or “as joint tenants” matters.
- If a bank freezes an account, ask what documentation will release it (commonly: certified death certificate; affidavit of surviving joint owner; letters of administration when probate is opened).
- If you expect disagreements among family members, consider consulting a probate attorney early to avoid escalation and to learn about estate administration timelines and costs.
- Wyoming is not a community‑property state. Marital property rules differ from community property states; consult Wyoming statutes or an attorney for specifics about spousal shares.
- Even small estates benefit from checking for POD accounts and beneficiary‑designated assets before starting probate; this can save time and money.
Disclaimer: This article explains general principles under Wyoming law and is for educational purposes only. It is not legal advice. For advice about a specific situation, consult a licensed Wyoming attorney.