About Wyoming,
Wyoming follows common law (equitable distribution) for property classification. This means assets are not automatically split equally -- ownership depends on title, and probate distribution follows intestate statutes or the will.
Without a will, Wyoming intestate law (Wyo. Stat. § 2-4-101) determines your share. The small-estate threshold is $400,000, and typical probate takes 6-12 months.
Wyoming does not impose a state estate tax or inheritance tax, so your exposure is limited to federal estate tax rules if applicable.
Property & Intestate Rules
How Wyoming classifies marital property and what a surviving spouse typically receives if there is no will.
How Wyoming Classifies Marital Property
Common law (equitable distribution)
What a Surviving Spouse Typically Receives
| Scenario | Typical Spousal Share |
|---|---|
| No children | Entire estate |
| Children from marriage | 1/2 of intestate property |
| Children from prior relationship | 1/2 of intestate property |
One-half (1/2) if there are no surviving issue of the decedent, or if the surviving spouse is also a parent of any of the surviving issue of the decedent; or One-fourth (1/4), if the surviving spouse is not the parent of any surviving issue of the decedent.
Deadline to File
- Wyoming filing window
- Within three (3) months after the admission of the will to probate or within thirty (30) days after being advised of the right of election, whichever limitation last expires.
Home Protections for Surviving Spouses
A surviving spouse is entitled to the homestead, which is exempt from execution and attachment up to a value of $100,000. The surviving spouse is entitled to remain in possession of the homestead.
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Create a Memorial SongProbate, Taxes & Deadlines
What qualifies for small-estate handling, how long probate often takes, and whether state tax systems apply.
| Field | Details |
|---|---|
| Small-estate threshold | $400,000 |
| Typical probate timeline | 6-12 months |
| State estate tax | No |
| State inheritance tax | No |
| Tax notes | Wyoming does not have a state estate tax or inheritance tax. |
Deadlines You Cannot Afford to Miss
Wyoming-Specific Rules
Children placed for adoption are still entitled to an intestate share of their biological parent's estate.
Wyoming Legal Help Resources
Starting points for legal aid, court self-help, and local attorney referrals.
Need the full 50-state overview first? Visit the State-by-State Survivor Benefits Guide hub page.
Frequently Asked Questions
Common legal questions widows ask in Wyoming.
- Is Wyoming a community property state?
- Wyoming is classified as Common Law (Equitable Distribution). Common law (equitable distribution)
- What does a surviving spouse inherit without a will in Wyoming?
- No children: Entire estate With children: 1/2 of intestate property Stepchildren or children from a prior relationship: 1/2 of intestate property
- What is the elective share right in Wyoming?
- One-half (1/2) if there are no surviving issue of the decedent, or if the surviving spouse is also a parent of any of the surviving issue of the decedent; or One-fourth (1/4), if the surviving spouse is not the parent of any surviving issue of the decedent. Deadline: Within three (3) months after the admission of the will to probate or within thirty (30) days after being advised of the right of election, whichever limitation last expires.
- What is the small-estate threshold in Wyoming?
- $400,000. Typical probate timeline: 6-12 months
- Does Wyoming have estate tax or inheritance tax?
- Estate tax: No. Inheritance tax: No. Wyoming does not have a state estate tax or inheritance tax.
- What deadlines matter most for widows in Wyoming?
- Probate filing deadline: 10 days of death; Elective share deadline: 3 months from admission of will to probate or 30 days after notice of right of election
Legal Disclaimer
This guide is informational only and not legal advice. Laws and threshold amounts can change. Confirm your situation with a licensed estate attorney in Wyoming.
For Widows
Support Beyond the Paperwork
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Related Resources
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