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Spousal Elective Share Law in Wyoming

In Wyoming, a surviving spouse can elect one-half of the estate (one-fourth if the spouse is not a parent of any of the decedent's surviving issue), by petition within 3 months after the will is admitted to probate or 30 days after being advised of the right, whichever is later.

Last checked . General information, not legal advice.

Wyoming at a glance

Elective share
1/2 of estate (1/4 if not a parent of decedent's issue)
Measured on property subject to the will, after funeral and administration expenses, allowances and claims.
Deadline to elect
3 months after will probate or 30 days after notice, if later
The court must advise the spouse of the right of election. If no petition is filed in time, the will controls.
Community property state
No
Not on the IRS list of community property states.

Sources

Last checked

The rules in Wyoming

How much can a surviving spouse claim in Wyoming if left out of the will?

Elective share in Wyoming: 1/2 of estate (1/4 if not a parent of decedent's issue). Measured on property subject to the will, after funeral and administration expenses, allowances and claims.

What is the deadline to claim the elective share in Wyoming?

Deadline to elect in Wyoming: 3 months after will probate or 30 days after notice, if later. The court must advise the spouse of the right of election. If no petition is filed in time, the will controls.

Is Wyoming a community property state?

No. Community property state in Wyoming: no. Not on the IRS list of community property states.

Where do the Wyoming spousal elective share laws come from?

The rules above come from Wyo. Stat. 2-5-101 and Wyo. Stat. 2-5-105. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

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