Wyoming: Rights of a Surviving Spouse When a Spouse Dies Without a Will

Detailed Answer

Short summary: If your spouse died without a will in Wyoming (intestate), you generally have statutory rights to inherit from the estate, to be involved in the probate process, and to request that a probate court appoint you as the personal representative (the person who manages the estate). If the decedent’s family is trying to make decisions or take assets without court authority, you can go to the probate court to enforce your rights and stop improper actions.

How Wyoming law treats a spouse when there is no will

Wyoming’s probate and intestacy rules govern who inherits and how the estate is administered. When a person dies intestate, Wyoming law determines the order of priority for inheriting and who may serve as the personal representative. Key rights and protections a surviving spouse should know:

• Right to inherit under intestacy: The surviving spouse is a primary heir under Wyoming intestacy rules. Depending on whether the decedent left surviving descendants (children) or parents, the spouse’s share varies under state law. In many cases the spouse inherits all or a substantial portion of the estate. (See Wyoming statutes on probate and intestate succession: Wyoming Statutes, Title 2 (Probate) — https://wyoleg.gov/statutes/compress/title_2.pdf.)
• Right to be appointed personal representative: If no valid will names a personal representative, the probate court will appoint an administrator. As surviving spouse you are usually first in line to be appointed. The appointed personal representative has authority to collect assets, pay debts, and distribute the estate under court supervision.
• Right to an inventory and accounting: Once a probate administration is opened, the personal representative must identify estate assets and provide an accounting. If family members are withholding information or assets, you can ask the court to order disclosure.
• Protection from improper control of assets: Family members do not have legal authority to control estate property unless the court grants it. If a family is excluding you and acting without court authorization, you can ask the probate court for emergency relief (for example, a temporary restraining order or appointment of a neutral temporary administrator) to preserve estate assets.
• Homestead, exempt property, and family allowance: Wyoming law provides certain statutory protections for a surviving spouse even before distribution — for example, homestead or exempt property allowances and a family allowance to support the spouse during administration. These protections vary by statute and must be claimed in probate. See Title 2 (Probate) for details: https://wyoleg.gov/statutes/compress/title_2.pdf.
• Non-probate assets and beneficiaries: Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death bank accounts) pass outside probate to the named beneficiary. If you are the named beneficiary, family cannot override that without your agreement or a court order. If the decedent left beneficiary designations to others, those pass outside probate unless overturned in special circumstances (e.g., fraud).

What to do right away if the family is excluding you

1. Identify whether probate has started: Call or check with the district/county probate court in the county where the decedent lived. If no probate case exists, you can file a petition to open an administration.
2. File a petition to be appointed personal representative: If you want to administer the estate (collect assets, pay debts, distribute property) and the decedent left no will, file a petition for appointment as administrator in the appropriate Wyoming court. The court will notify interested parties and may appoint you if appropriate.
3. If assets are being removed or decisions made unlawfully: Ask the court for immediate relief — for example, an order freezing the estate’s bank accounts, requiring turnover of property, or appointing a temporary administrator. The court can enforce its orders and penalize those who disobey.
4. Gather documents: Obtain the death certificate, your marriage certificate, social security info, documents showing ownership of property and accounts, and any insurance or retirement beneficiary paperwork.
5. Get legal help if needed: If the family refuses to cooperate or you face contested proceedings, consult a probate or estate attorney licensed in Wyoming. They can file the correct pleadings, protect your rights, and represent you at hearings.

Common disputes and how courts usually address them

Typical disputes where a surviving spouse is excluded include family members taking possession of property, refusing to provide account information, or attempting to act as administrator without court appointment. The probate court’s role is to:

• Determine legal heirs and distribute property according to Wyoming law.
• Appoint an appropriate personal representative (often preferring the surviving spouse if qualified).
• Order the turnover of estate property to the estate and require accountings from anyone who handled estate property.
• Enforce statutory allowances and protections for the surviving spouse (e.g., family allowance, homestead/exempt property rules).

Where to find the relevant Wyoming law

Wyoming’s statutes governing probate, appointment of personal representatives, intestate succession, and allowances are located in the Wyoming Statutes (Title 2 — Probate). You can read the statutes at the Wyoming Legislature’s website: https://wyoleg.gov/statutes/compress/title_2.pdf. For procedural information and local court contacts, see the Wyoming Judicial Branch: https://www.courts.state.wy.us/.

When a dispute becomes contested

If family members contest your appointment or claim they control assets outside probate, the court will hold hearings. Common contested issues include competing petitions for appointment, claims that assets are non-probate or jointly owned, and allegations of misconduct by a personal representative. The court decides based on the statutes and evidence presented. Getting an attorney is often necessary in contested matters.

Disclaimer: This article explains general Wyoming probate concepts and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, contact a licensed Wyoming attorney or the probate court in the county where the decedent lived.

Helpful Hints

• Act quickly: if no probate has started and family members are taking assets, file for administration promptly to protect estate property.
• Preserve paperwork: keep originals or copies of the death certificate, marriage certificate, bank statements, deeds, titles, and any communications from family members about estate decisions.
• Check beneficiary designations: review life insurance, retirement accounts, and payable-on-death accounts — these pass outside probate to named beneficiaries.
• Ask the court for interim relief: request a temporary order to preserve assets while the court considers who should be appointed administrator.
• Consider mediation for family disputes: if safe and appropriate, mediation can sometimes resolve disputes faster and cheaper than litigation.
• Use court records: if the family filed papers in probate without involving you, obtain copies from the court clerk to understand what actions they have taken.
• Know common allowances: ask the court or an attorney about homestead exemptions, exempt property, and family allowance to support you while probate proceeds.
• Get legal help when contested: contested probate matters and allegations of improper taking often require counsel experienced with Wyoming probate law.