Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Wyoming attorney for guidance tailored to your situation.
Understanding Intestate Shares in Wyoming
When someone dies without a valid will in Wyoming, their property passes through intestate succession under Wyoming Statutes §§ 2-1-502 to 2-1-505 (Title 2, Ch. 1). The surviving spouse’s share depends on whether there are surviving descendants or other relatives:
- No descendants or parents of the deceased: spouse receives entire estate.
- All descendants are also descendants of the surviving spouse: spouse receives full estate.
- Descendants exist and not all are common with the surviving spouse:
- One descendant: spouse receives $200,000 plus one-half of the remaining estate.
- Multiple descendants: spouse receives $150,000 plus one-half of the remaining estate.
Life Estate “Election” Under Wyoming Law
Wyoming law does not provide an option to “elect” a life estate in real property in lieu of the intestate share. The traditional concepts of dower and curtesy (rights to a life estate) were abolished. Instead, a surviving spouse receives the statutory share described above.
Alternative Allowances and Exemptions
Even though you cannot claim a life estate election, you can protect certain property interests through the following statutory allowances:
- Homestead Allowance: Up to $60,000 in equity in a dwelling for spouse and minor children (Wyo. Stat. § 2-1-601).
- Exempt Property: Up to $30,000 in personal property (furnishings, appliances, family Bible, etc.) (Wyo. Stat. § 2-1-601).
- Family Allowance: Reasonable allowance for support during administration (amount determined by court) (Wyo. Stat. § 2-1-603).
Next Steps
If you believe you are entitled to more than the statutory share, or if complex property issues arise (e.g., real estate titles, trusts, or out-of-state assets), consult a probate or estate planning attorney licensed in Wyoming. An attorney can help:
- Review your family circumstances and property titles.
- File any necessary renunciations or claims in probate court.
- Advise on estate planning options to secure a life estate in advance through a deed or will.
Helpful Hints
- File for allowances early: Homestead and exempt property claims must be filed with the probate court.
- Gather asset records: mortgage statements, deeds, titles and account statements.
- Know deadlines: Wyoming probate rules set time limits for claims and objections.
- Consider estate planning: create a will or deed to guarantee a life estate for a spouse before death.
- Seek legal counsel: probate advisors in Wyoming can clarify procedural requirements and timelines.