✓ Verified June 2026
This guide explains what happens when someone dies dying without a will in Wyoming — exactly who inherits under Wyoming’s intestate-succession law, and what surprises families most. All shares are from Wyoming statute, verified as of June 2026.
In This Wyoming Guide:
Who Inherits When There Is No Will in Wyoming
Here is exactly how Wyoming divides an estate when there is no will:
| If the person leaves… | Who inherits in Wyoming |
|---|---|
| Spouse, no children | The surviving spouse inherits the entire estate. Under § 2-4-101, if the decedent leaves a spouse and no children or descendants of any child, the whole estate descends to the surviving spouse. |
| Spouse + shared children | The surviving spouse inherits one-half (1/2) of the estate. The remaining 1/2 passes to the children and descendants of deceased children. Wyoming makes NO distinction based on whether children are also children of the surviving spouse — the spouse receives 1/2 regardless. |
| Spouse + children from another relationship | Same as shared children — the surviving spouse inherits one-half (1/2) of the estate. The remaining 1/2 passes to the decedent’s children and descendants of deceased children. Wyoming’s statute does not differentiate between shared children and children from a prior relationship. (Note: Wyoming’s elective-share statute § 2-5-101 DOES distinguish, giving 1/4 if the spouse is not a parent of the decedent’s surviving descendants, but the intestacy statute itself does not.) |
| Children, no spouse | Children inherit the entire estate in equal shares. Descendants of a deceased child collectively take the share that child would have received (per stirpes). |
| No spouse, no children | Under § 2-4-101, the estate passes in this order: (1) Father, mother, brothers, sisters, and descendants of deceased brothers and sisters — all sharing in equal parts (parents, siblings, and their descendants are treated as ONE class, not prioritized separately); (2) If none, then grandfather, grandmother, uncles, aunts, and their descendants in equal parts; (3) If none of the above exist, the estate escheats to the State of Wyoming. |
| No living relatives (escheat) | Under § 2-4-105, if the decedent leaves no heirs, devisees, or legatees entitled to take the property, the estate escheats to the State of Wyoming. Recovery of escheated property is governed by § 9-5-203. |
These shares come from Wyoming intestate-succession law (Wyo. Stat. Ann. § 2-4-101 (Title 2, Chapter 4, Article 1)).
How Wyoming divides shares among descendants: Per stirpes. The statute states that “descendants collectively taking the share which their parents would have taken if living.” This applies at each level of the inheritance hierarchy.
Wyoming homestead and family allowance: Under § 2-7-501, the surviving spouse or minor children may remain in possession of the homestead, family wearing apparel, and all household furniture until letters are granted and inventory is returned. The homestead exemption amount is 30000 under § 2-7-508.
Under § 2-7-502, if homestead and exempt property are insufficient for support, the court may make a reasonable allowance from the estate for family maintenance during settlement — no fixed dollar cap, paid in preference to all charges except funeral and administration costs.
Under § 2-5-103, the surviving spouse is entitled to homestead, exempt property, and family allowance whether or not they elect the elective share or renounce benefits under a will.
Half-blood relatives in Wyoming: Under § 2-4-104, persons of the half blood inherit the same share they would inherit if they were of the whole blood. However, stepchildren and foster children (and their descendants) do NOT inherit under intestacy unless legally adopted.
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Assets That Pass Outside Wyoming Intestate Rules
Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death accounts), jointly held property with right of survivorship, and assets in a living trust pass OUTSIDE Wyoming intestate succession rules and are not governed by § 2-4-101. Only assets in the decedent’s individual name without a beneficiary designation pass through intestacy.
Other Wyoming intestacy rules: (1) Wyoming does NOT follow the Uniform Probate Code’s graduated spouse-share formula — it uses a flat 1/2 to spouse when any descendants exist, 100% when none exist. (2) Parents, siblings, and descendants of siblings all share as ONE class at the same priority level — many states give parents priority over siblings, but Wyoming does not.
(3) Adopted children may inherit from BOTH natural and adoptive parents under § 2-4-107, which is broader than many states where adoption severs the natural-parent inheritance link. Step-parent adoption does not affect the child’s relationship with the other natural parent. (4) Under § 2-4-103, posthumous children (conceived before death but born after) inherit as if born during the decedent’s lifetime.
(5) Under § 2-4-108, lifetime gifts are treated as advancements ONLY if the decedent declared it in writing at the time or the recipient acknowledged it in writing. (6) Under § 2-4-105, nonresident aliens who are citizens of a country that does not allow U.S. citizens to inherit real property there cannot acquire Wyoming real property by succession (reciprocity requirement). (7) Dower and curtesy are abolished under § 2-4-101.
(8) Section 2-4-101 has been on the books for approximately 130 years with minimal changes, making it one of the oldest continuously operative intestacy statutes in the western United States.
What Dying Without a Will in Wyoming Really Means
When someone dies without a will in Wyoming, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how Wyoming divides an estate when someone is dying without a will in Wyoming, and they often surprise people: a spouse may not automatically inherit everything.
Understanding dying without a will in Wyoming helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in Wyoming depends on how each asset was titled.
You don’t have to do this alone
If you are settling a loved one’s estate in Wyoming, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.
Official Wyoming Sources & Resources
- Wyoming Court Self-Help: https://www.wyocourts.gov/self-help-forms/
- Wyoming Intestate Succession Statute: https://wyoleg.gov/statutes/compress/title02.pdf
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Wyoming intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
More Wyoming Wills & Probate Guides
- Wyoming Wills & Estate Planning
- Wyoming Probate Process
- Wyoming Estate & Inheritance Tax
- Wyoming Small Estate Affidavit
- Wyoming Living Trust
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Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.