Disclaimer: This article provides general information on Wyoming intestacy law. It is not legal advice. Consult a licensed attorney for guidance on your specific situation.
How Wyoming Intestacy Works
When someone dies without a will in Wyoming, the probate court appoints a personal representative to gather assets, pay debts and distribute what remains under state law. Wyoming’s intestacy statutes appear in Wyo. Stat. § 2-1-104 and related sections.
1. Appointment of a Personal Representative
The court names a personal representative—often the surviving spouse or an adult child—who qualifies under Wyo. Stat. § 2-5-301. That person handles all estate-related tasks.
2. Identifying and Inventorying Assets
The personal representative must identify and list every asset owned by the decedent at death, including:
- Real Property: Land, homes or buildings recorded at the county clerk’s office. Deeds, mortgages and property tax records help confirm ownership.
- Personal Property: Bank and investment accounts, vehicles, jewelry, household goods, business interests and intangible assets (e.g., royalties).
Within three months of appointment, the representative files an inventory with the court under Wyo. Stat. § 2-5-305. The court may require an appraisal for high-value items.
3. Paying Debts and Expenses
The representative notifies known creditors, publishes a notice in a local paper and pays valid claims before distributing assets. Wyoming law prioritizes funeral expenses, administration costs, taxes and secured debts.
4. Distributing the Balance (Intestate Succession)
After debts, Wyoming intestacy law sets the order for distribution:
- Spouse and Children: If the decedent leaves a spouse and descendants, the estate divides between them—generally one-half to the spouse and one-half to the children (§ 2-1-104).
- Spouse Only: The spouse receives all if there are no surviving descendants.
- Descendants Only: All to surviving children or their descendants.
- No Spouse or Descendants: The estate passes to parents, then siblings, then more distant relatives per the statutory order.
- No Heirs Found: The estate escheats to the State of Wyoming.
Helpful Hints
- Keep a current list of deeds, titles and account statements to simplify inventory.
- Verify property records at the county clerk’s website before filing probate.
- Consider obtaining professional appraisals for real estate or collectibles to ensure accuracy.
- File creditor notices promptly to avoid personal liability for missed claims.
- Review Wyo. Stat. Title 2, Chapters 1 and 5 for detailed procedures and deadlines.