Skip to content
Oakclause

Intestate Succession Laws in Wyoming

In Wyoming, a surviving spouse inherits one-half of the estate when the deceased leaves children or their descendants, and the entire estate when there are no children, even if parents are alive. Wyoming is not a community property state.

Last checked . General information, not legal advice.

Wyoming at a glance

Spouse share with shared children
1/2 of the estate
This applies whether or not the children are also the spouse's children.
Spouse takes all with shared children
No
The spouse takes one-half of the estate and the children share the rest.
Spouse share with parents, no descendants
Entire estate
Community property state
No
Not listed by the IRS among the community property states.

Sources

Last checked

The rules in Wyoming

How much does a surviving spouse inherit in Wyoming when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in Wyoming: 1/2 of the estate. This applies whether or not the children are also the spouse's children.

Does a surviving spouse in Wyoming inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

No. Spouse takes all with shared children in Wyoming: no. The spouse takes one-half of the estate and the children share the rest.

How much does a surviving spouse inherit in Wyoming when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in Wyoming: Entire estate.

Is Wyoming a community property state?

No. Community property state in Wyoming: no. Not listed by the IRS among the community property states.

Where do the Wyoming intestate succession laws come from?

The rules above come from Wyo. Stat. 2-4-101. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.