How Are Proceeds Divided Among Multiple Heirs When Some Predecease and Their Spouses or Children Succeed Them?
Detailed Answer: Per Stirpes Distribution under Wyoming Law
When a person dies without a valid will (intestate), Wyoming’s Uniform Probate Code (Title 2, Chapter 1) controls how the estate passes to heirs. Wyoming applies the per stirpes method. Under this approach, if an heir who would otherwise inherit predeceases the decedent, that heir’s lineal descendants (children, grandchildren) step into the heir’s place and divide the share equally.
Key statutes:
- Wyo. Stat. Ann. § 2-1-103 (Definitions and per stirpes representation)
- Wyo. Stat. Ann. § 2-1-104 (Surviving spouse’s share)
How It Works
1. Identify the total estate available for distribution.
2. Determine the share of each original heir (spouse, children).
3. If an heir dies before the decedent and leaves descendants, their share does not lapse. Instead, it passes per stirpes to their descendants in equal parts.
Example Scenario
Decedent leaves behind three children: Alice, Bob, and Carol. The decedent is also survived by a spouse.
- Under Wyo. Stat. Ann. § 2-1-104, the spouse takes the first portion (e.g., $200,000) plus half of the remaining estate; the rest passes to the children.
- Assume Alice, Bob, and Carol would share the children’s pool equally.
- Bob predeceased the decedent but left two children, David and Emma.
- Bob’s one-third share of the children’s pool splits equally between David and Emma (per stirpes).
- Final division of the children’s portion: Alice 1/3, David 1/6, Emma 1/6, Carol 1/3.
If Bob had no descendants, his share would redistribute equally among Alice and Carol (per capita).
Helpful Hints
- Review and update beneficiary designations (life insurance, retirement plans) after births or deaths.
- Understand that a predeceased heir’s spouse does not inherit under intestacy—only the heir’s descendants step in.
- Consider executing a will or trust to control distribution and avoid default per stirpes rules.
- Keep clear records of family lineage: birth certificates and adoption papers establish who counts as lineal descendants.
- Consult a Wyoming probate attorney to navigate complex estates and ensure proper filing under Title 2 of the Wyoming Statutes.