What the rule says
Wyoming's intestacy framework, codified at Wyo. Stat. § 2-4-101, distributes the estate based on family structure:
- Spouse and any descendants survive: The spouse takes one-half of the estate. Descendants take the other half by representation. - Spouse but no descendants, with parent surviving: The spouse takes three-fourths. Parent takes one-fourth. - Spouse but no descendants and no parents: The spouse takes the entire estate. - Descendants but no spouse: Descendants take the entire estate by representation.
Wyoming does not differentiate between mutual and prior-relationship descendants — the same one-half / one-half split applies regardless. This is similar to Kansas's framework.
What this means in practice
- Wyoming resident dies without a will, leaving spouse and three mutual children. Estate $400,000. Spouse takes $200,000 (1/2). Children together take $200,000. - Wyoming resident dies without a will, leaving spouse and one child from prior relationship. Estate $400,000. Spouse takes $200,000 (1/2). Child takes $200,000. - Wyoming resident dies without a will, no descendants, surviving spouse and parent. Estate $400,000. Spouse takes $300,000 (3/4). Parent takes $100,000.
What you can do about it
- Wyoming will requirements (Wyo. Stat. § 2-6-112). A will must be in writing, signed by the testator, and signed by two competent witnesses. - Wyoming recognizes holographic wills under § 2-6-113 — entirely handwritten and signed. - Self-proving affidavits are recognized. - Beneficiary designations override intestacy. - Spousal election. Under Wyo. Stat. § 2-5-101, surviving spouse can elect against the will.
Who this affects most
Wyoming's intestacy formula is most consequential for married Wyoming residents whose intestate distribution would not match preferences. The simple one-half / one-half rule produces predictable outcomes but may not align with family expectations for mutual-descendants families.