WY risk areas
Wyoming estate risk areas
These pages explain how default state rules in Wyoming shape inheritance, probate, guardianship, taxes, and complexity. Start with the risk area that matches your biggest concern.
How to use this guide
- Read the risk summaries to understand default outcomes.
- Open a risk guide for state-specific details and sources.
- Use this as education, not legal advice.
Intestacy risk
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.
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Probate risk
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.
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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.
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Guardianship risk
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.
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Complexity triggers
Wyoming provides a spousal elective share and a family allowance that can change distributions during administration.
- A surviving spouse may elect to take a statutory share in lieu of the will’s provisions.
- A family allowance may be ordered for the surviving spouse and minor children during estate administration.
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