WY risk area
Intestacy risk in Wyoming
How assets are distributed when there is no will and state default rules control the outcome.
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.
Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?
At a glance
Key takeaways
- 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.
Questions to consider
Questions this risk area helps you evaluate in Wyoming
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
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.
Sources
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Wyoming.