Short answer

Because the marriage was never legally ended, the surviving spouse remains a spouse under Wyoming law. That means the estranged spouse generally keeps all statutory rights a surviving spouse would have — including inheritance under intestacy rules, certain probate allowances, and potential priority over other claimants — unless the decedent took clear, valid steps (like an enforceable will or beneficiary designation) that lawfully changed who receives assets.

Detailed answer — how Wyoming law treats a not-final divorce

1. Marital status controls, not emotional separation

Under Wyoming law, a legal marriage continues until a court issues a final divorce decree. Emotional separation or a pending divorce petition does not terminate the marriage. Therefore, the person who is still legally married is the surviving spouse for purposes of intestate succession, probate allowances, and many beneficiary rules.

2. If there is no valid will (intestate succession)

If the decedent died without a valid will, Wyoming’s intestacy rules determine who inherits. The surviving spouse generally inherits all or a large portion of the estate depending on whether the decedent left surviving children or parents. That means an estranged but not legally divorced spouse can inherit under intestacy as the decedent’s heir.

For the official Wyoming statutory text and the probate/title sections that govern intestacy and probate administration, see the Wyoming Legislature’s statutes page: https://wyoleg.gov/Statutes

3. If there is a valid will

A properly executed will controls the decedent’s testamentary property subject to Wyoming law. If the will leaves property to someone other than the spouse, the will ordinarily governs — but Wyoming law also provides certain protections for surviving spouses (for example, homestead and family allowances or a forced share in some jurisdictions). If the will was executed while married and the testator did not revoke it, the estranged spouse likely retains whatever share the will provides (and may still be entitled to statutory allowances). Whether the spouse can challenge the will depends on the facts (e.g., undue influence, lack of capacity).

4. Beneficiary designations (life insurance, retirement plans, payable-on-death accounts)

Assets with nonprobate beneficiary designations (life insurance, IRAs, 401(k)s, TOD/POD accounts) typically pass directly to the named beneficiary regardless of what a will says. If the decedent named the estranged spouse as beneficiary and the divorce was not final, that designation generally remains effective. To change that result, the decedent would have had to change the beneficiary before death.

5. Probate allowances and creditor protections

Wyoming law provides certain allowances typically available to a surviving spouse and minor children (for example, family allowance, homestead or statutory allowances) to help support them during probate. An estranged spouse who remains legally married usually qualifies for those protections. For statute text and administrative rules related to probate and allowances, consult the Wyoming statutes at https://wyoleg.gov/Statutes

6. Divorce that is pending or settlement agreements

A pending divorce or a separation agreement may change expectations but does not end spousal legal status until a final decree. If the parties entered into a binding separation agreement that deals expressly with death benefits, property distribution, or waives future spousal claims and that agreement is enforceable under Wyoming law, it can affect what the surviving spouse may claim. Whether a separation agreement is binding depends on its form and whether a court would enforce it.

7. Practical scenarios (hypothetical facts)

Hypothetical A: Tom and Jane are separated and a divorce petition is pending. Tom dies with no will. Because the divorce wasn’t final, Jane is still Tom’s legal spouse and will be treated as his heir under intestacy.

Hypothetical B: Same facts, but Tom had a valid will leaving everything to his sibling. Jane may still be entitled to certain statutory allowances (such as family allowance or homestead protections) even though the will leaves assets elsewhere. She could also contest the will on valid legal grounds.

Hypothetical C: Tom and Jane are separated and Tom named his new partner as the beneficiary of a life insurance policy. Because the policy’s beneficiary designation is a nonprobate transfer, that beneficiary designation controls unless state law or a binding agreement says otherwise.

8. How a court resolves competing claims

When multiple parties claim assets, the probate court evaluates title, beneficiary designations, the will (if any), and any enforceable agreements. A surviving spouse who is still legally married has a strong starting position for claiming statutory rights.

Helpful Hints

• Verify marital status: If a divorce decree is not final, treat the surviving person as a spouse under law.
• Locate a will and beneficiary forms: Nonprobate designations (life insurance, retirement accounts) often control distribution.
• Gather separation or settlement agreements: A signed, enforceable separation agreement can change rights; bring it to a lawyer’s attention.
• Check probate filings quickly: Executors must open probate; heirs and creditors have deadlines to act.
• Consider statutory allowances: The surviving spouse may qualify for homestead or family allowances even if the will leaves assets to others.
• Talk to a Wyoming probate attorney: Small facts — e.g., the existence of a binding waiver or the timing of beneficiary changes — can change outcomes.
• Preserve evidence: Keep marriage certificates, the petition for divorce, any signed agreements, beneficiary forms, and communications around the estate.
• Act fast on claims and objections: Probate deadlines vary. You may have limited time to contest a will or assert an interest.