WY state guide
Wyoming estate risk overview
This guide explains how estate outcomes work in Wyomingwhen there is no plan. We cover intestacy rules, probate flow, guardianship defaults, and tax exposure in clear, educational language.
Snapshot
Key default outcomes
- Intestacy laws determine who receives assets.
- Probate court oversees the estate and public filings.
- Guardianship for minors is court-appointed if needed.
- State and federal tax rules may apply to larger estates.
What happens without a will
Wyoming intestacy gives the surviving spouse one-half when there are descendants, or the entire estate if there are no descendants, with the remainder passing to descendants or other heirs.
- If the decedent leaves a spouse and children or other descendants, the spouse receives one-half and the remainder goes to descendants.
- If the decedent leaves a spouse and no descendants, the spouse inherits the entire estate.
- If there is no spouse, the estate passes to children and their descendants, then to parents, then to siblings and their descendants in statutory order.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Probate process
Wyoming allows summary distribution of small estates by application to the district court after a waiting period.
- The entire estate, including real and personal property, must not exceed $200,000 after liens and encumbrances.
- A distributee may file for summary distribution no earlier than 30 days after death.
- The application must be sworn and provide the information required by statute, including property descriptions.
- Summary distribution requires a verified application to the district court and a court order.
Estate and inheritance tax exposure
Wyoming's inheritance tax is defined as a pick-up tax tied to the federal state death tax credit, which no longer applies for deaths after December 31, 2004.
- Wyoming's inheritance tax is defined as the maximum state death tax credit allowed against federal estate taxes.
- The federal state death tax credit does not apply to estates after December 31, 2004, effectively eliminating Wyoming's inheritance tax program.
- With no state death tax, tax exposure is primarily federal when the estate exceeds the federal exemption.
Guardianship for minors
Wyoming courts may appoint a guardian for a minor when it is in the child's best interests, with preference for parental or child nominations.
- Any adult may be appointed if the appointment is in the child's best interests.
- Preference may be given to a person the parent nominates, or to the child's choice if the child is over age 14.
- If parents do not agree to guardianship, the court must find them unfit or unable to care for the child.
- Courts rely on best-interest findings when appointing a guardian.
Risk areas
Explore estate risk dimensions in Wyoming
Intestacy risk
How assets are distributed when there is no will and state default rules control the outcome.
Probate risk
Court-supervised estate process, timing, cost exposure, and public record requirements.
Tax exposure
State estate or inheritance tax rules and how they interact with federal thresholds.
Guardianship risk
How courts appoint guardians for minors when no plan is in place.
Complexity triggers
Scenarios that increase estate risk, such as blended families or multi-state property.
Common mistakes in Wyoming
- Assuming a spouse automatically receives everything under state law.
- Leaving guardianship decisions to the court by default.
- Ignoring probate timelines, creditor notices, or court filings.
- Failing to coordinate beneficiary designations with estate intent.
- Assuming no tax filings are required because the state has no estate or inheritance tax.
Who is most exposed
Higher default risk in Wyoming
- Families with minor children or dependents.
- Blended families or second marriages.
- Households with property in more than one state.
- Business owners without succession instructions.
Next: explore planning options in Wyoming
EstateRiskIQ does not provide legal advice. We highlight how default outcomes work so you can decide whether to explore professional guidance or planning tools.