Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies without a valid will in Wyoming, the state’s intestate succession law determines who inherits the estate. Under Wyo. Stat. § 2-1-104(a)(ii), if there is no surviving spouse but there are lineal descendants, the entire estate passes to those descendants. In your scenario, the decedent left no spouse and three children. Each child receives an equal share.
• Equal Shares: Since all three children survive the decedent, each child inherits one-third (1/3) of the estate.
• Definition of Lineal Descendants: “Lineal descendants” include children, grandchildren, and so on. See Wyo. Stat. § 2-1-102 for the full definition.
• Per Stirpes Distribution: If one child had died before the decedent but left children of their own, that branch would inherit the deceased child’s share per stirpes. Wyo. Stat. § 2-1-108 explains this right of representation.
• No Other Heirs: Because there is no spouse and the only lineal descendants are the three children, there are no further heirs. The estate does not pass to parents or siblings.
For the exact statutory language, see Wyo. Stat. § 2-1-104 here: Wyo. Stat. § 2-1-104 and the definitions at Wyo. Stat. § 2-1-102.
Helpful Hints
- Intestate succession applies only if there is no valid will.
- Identify all lineal descendants (children, grandchildren) to determine shares.
- Use per stirpes distribution if a child predeceased the decedent but left descendants.
- A court-appointed personal representative (see Wyo. Stat. § 2-1-201) must open an estate in probate court.
- Consider consulting a probate attorney to guide you through court filings and deadlines.