Can a spouse be disinherited under intestacy?

No. Wyoming's intestacy statute [§ 2-4-101] guarantees the surviving spouse a share of the estate. The size of that share depends on whether there are also surviving children or parents.

Do stepchildren inherit under Wyoming intestacy?

No. Wyoming intestacy rules [§ 2-4-101] apply to legal descendants. Stepchildren who were not legally adopted are not included in the statutory distribution.

What if there are no surviving relatives?

When no heir can be identified under Wyoming's intestacy statute [§ 2-4-101], the estate escheats (transfers) to the State of Wyoming.

Can someone contest intestate distribution?

Disputes can arise over who qualifies as an heir, whether the deceased actually lacked a will, or who should serve as administrator. These issues are resolved by the probate court under Wyoming's intestacy statute [§ 2-4-101].

Does intestate probate take longer than testate?

The procedural steps are similar either way. The key difference is that intestate estates require the court to identify heirs under the statutory formula [§ 2-4-101], which can add steps if the family tree is complex or disputed.

Topic guideUpdated 2026-02-27

Wyoming Probate Without a Will (Intestacy)

How intestate succession works in Wyoming — who inherits, in what order, and how administration differs without a will.

When someone dies without a will in Wyoming, the estate is distributed according to the state's Intestacy statutes §2-4-101. These default rules determine who inherits, in what proportions, and who has priority to serve as Administrator.

Wyoming's intestacy hierarchy §2-4-101

If there is a surviving spouse

Spouse inherits the entire estate if no surviving descendants
Spouse receives entire estate (parents do not share if there is a surviving spouse) if the deceased has surviving parents but no children
Spouse receives one-half of the estate (children and their descendants take the residue) if there are surviving children who are also children of the surviving spouse
Spouse receives one-half of the estate (children and their descendants take the residue) if there are surviving children who are not children of the surviving spouse

💡An heir must survive the decedent by at least no statutory 120-hour rule; the Uniform Simultaneous Death Act (§§ 2-13-101 through 2-13-107) governs survivorship questions to inherit under Wyoming law.

If there is no surviving spouse

Descendants take per capita at each generation
If no descendants: parents inherit equally
If no parents: siblings (and their descendants) share equally
More remote kin by degree of relationship

Administrator appointment §2-4-201

Without a will naming an Executor, the court appoints an administrator. Wyoming law establishes a priority order: surviving spouse, then next of kin, then the largest creditor, or another suitable person at the judge's discretion.

💡Unlike an executor named in a will, an administrator may be required to post a bond §2-3-102 — a type of insurance policy that protects the estate if the administrator mismanages assets.

Key differences from having a will

No ability to choose who receives specific items or property
No ability to name who should serve as Personal representative
No ability to disinherit a statutory heir (intestacy follows a fixed formula)
No ability to designate a guardian for minor children
Distribution may not reflect the deceased person's actual wishes

⚠If the estate involves minor children, a surviving spouse with children from another relationship, or significant assets, legal guidance is strongly recommended. Intestacy rules can produce results that surprise families.

Prepare for Your Consultation

Quick checklist (Probate)

You can start the intake without all of these.

Death certificate

(copy)

Will or trust docs

(if any)

Basic asset list

(accounts / property)

General preparation tips only. Requirements vary by case and county.

No Obligation

Ready to Talk to a Lawyer?

Submit a short intake form and a participating Wyoming attorney who handles this type of matter may reach out to you. No commitment required.

Request a Free Consultation →

No attorney-client relationship is created unless you later sign an engagement agreement. Participating attorneys may pay a marketing fee to receive inquiries.

Common Questions

Frequently Asked Questions

General answers to common questions. Specific outcomes depend on your facts and timing.

If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.

Related guides

Wyoming Probate Guide — What to Expect

Read →

Wyoming Executor Duties — Step by Step

Read →

Wyoming Small Estate Alternatives to Probate

Read →

Legal authoritiesStatutes referenced on this page

Wyo. Stat. Ann. § 2-4-101

Spouse's intestate share

Defines what a surviving spouse inherits when there is no will.

Spouse gets entire estate if no surviving descendants
With children of both: one-half of the estate (children and their descendants take the residue)
With step-children: one-half of the estate (children and their descendants take the residue)
Survival requirement: no statutory 120-hour rule; the Uniform Simultaneous Death Act (§§ 2-13-101 through 2-13-107) governs survivorship questions

View →

Verified 2026-07-29 · quarterly review

Wyo. Stat. Ann. § 2-4-201

Administrator appointment

Without a will naming an executor, the court appoints an administrator from a statutory priority list.

View →

Verified 2026-07-14 · quarterly review

Wyo. Stat. Ann. § 2-3-102

Bond requirement

An administrator may be required to post a bond to protect the estate from mismanagement.

View →

Verified 2026-07-16 · quarterly review

Citations link to official or authoritative sources. Laws change — verify current text before relying on any statute. How we verify citations →