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Understanding Intestacy under Wyoming Law

When a person dies without a valid will in Wyoming, they die “intestate.” Wyoming’s Probate Code (Title 2, Chapter 2) governs distribution of intestate estates. You start by determining who survives your father—spouse, children, parents, siblings—and then apply the statutory order of priority.

Statutory Priority of Heirs

Wyoming law sets a clear sequence for who inherits if there’s no will. See Wyo. Stat. § 2-2-102 et seq. (Chapter 2: Intestate Succession).

1. Spouse and descendants: If your father was married and left children, the spouse and children share, with children taking per stirpes (by branch).
2. Descendants only: If there’s no surviving spouse, all children (and their descendants) inherit equally.
3. Parents: If there are no spouse or descendants, your father’s parents inherit equally or the survivor takes all.
4. Siblings: If no parents, siblings (and their descendants) inherit.
5. Extended relatives: Absent closer relatives, grandparents, aunts/uncles, or next of kin may inherit.

Steps to Identify Intestate Heirs

1. Gather family information. Create a family tree listing your father’s spouse (if any), all children (including adopted), grandchildren (children of predeceased children), parents, and siblings.
2. Check birth and marriage records. Confirm legal relationships and dates. Adopted children and posthumous children typically inherit equally under Wyo. Stat. § 2-2-103.
3. Determine per stirpes shares. If a child predeceased your father but left children, those grandchildren inherit that child’s share. See Wyo. Stat. § 2-2-104 (per stirpes distribution).
4. Apply priority rules. If a spouse survives, calculate the spouse’s share as defined in Wyo. Stat. § 2-2-107 (spousal share), then divide the remainder among descendants or next eligible heirs.
5. Document your findings. Prepare a table showing each heir and their share percentage. This helps the court and any personal representative.

Hypothetical Example

Suppose your father died without a spouse, leaving two children and one predeceased child who left two grandchildren. Under per stirpes distribution, each of the two surviving children gets one-third and the grandchildren split the remaining one-third equally. Keep this example in mind as you map your own family tree.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Wyoming for guidance tailored to your situation.

Helpful Hints

• Use a whiteboard or chart software to visualize family relationships.
• Obtain certified copies of birth, death, and marriage certificates early.
• Check adoption records for fully adopted children—they inherit the same as biological children.
• Look for posthumous children born after your father’s death; they may qualify as heirs.
• Review Wyo. Stat. §§ 2-2-101 through 2-2-130 for full intestacy rules.
• Consider hiring a genealogist if family relationships are unclear.