Wyoming Intestacy Laws
Wyoming Intestacy Laws
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Wyoming's Intestacy Laws

If you die without a valid will while residing in the State of Wyoming, you are said to have died "intestate."  In order to determine who will receive your property if you die intestate, the State of Wyoming has established a number of laws (known as "intestacy laws" or "laws of intestate succession.") The primary statutes comprising these intestacy laws, or laws of intestate succession, are set forth below. For a more complete list, see Wyoming Intestacy Laws | Intestate Succession statutes.

 

 

Wyoming Intestacy Laws, Sec. 2‑4‑101.  Rule of descent; generally; dower and curtesy abolished.

(a)  Whenever any person having title to any real or personal property having the nature or legal character of real estate or personal estate undisposed of, and not otherwise limited by marriage settlement, dies intestate, the estate shall descend and be distributed in parcenary to his kindred, male and female, subject to the payment of his debts, in the following course and manner:

 (i)  If the intestate leaves husband or wife and children, or the descendents of any children surviving, one‑half (1/2) of the estate shall descend to the surviving husband or wife, and the residue thereof to the surviving children and descendents of children, as hereinafter limited;

(ii)  If the intestate leaves husband or wife and no child nor descendents of any child, then the real and personal estate of the intestate shall descend and vest in the surviving husband or wife.

(A)  Repealed by Laws 1985, ch 135  

(B)  Repealed by Laws 1985, ch 135,

(iii)  Repealed by Laws 1985, ch. 135,  §2. 

(b)  Dower and the tenancy by the curtesy are abolished and neither husband nor wife shall have any share in the estate of the other dying intestate, save as herein provided. 

(c)  Except in cases above enumerated, the estate of any intestate shall descend and be distributed as follows:

(i)To his children surviving, and the descendents of his children who are dead, the descendents collectively taking the share which their parents would have taken if living;

(ii)If there are no children, nor their descendents, then to his father, mother, brothers and sisters, and to the descendents of brothers and sisters who are dead, the descendents collectively taking the share which their parents would have taken if living, in equal parts;  

(d)  If there are no children nor their descendents, nor father, mother, brothers, sisters, nor descendents of deceased brothers and sisters, nor husband nor wife, living, then to the grandfather, grandmother, uncles, aunts and their descendents, the descendents taking collectively, the share of their immediate ancestors, in equal parts.  

 

Wyoming Intestacy Laws, Sec. 2-4-102.  Rule of descent; illegitimate person. 

(a)  The rule of descent of all property, real and personal, of any illegitimate person dying intestate in this state and leaving property and effects therein, shall be as follows:

(i)  To the widow or surviving husband and children, as the property and effects of other persons in like cases; 

(ii)  If the deceased illegitimate person leaves no children or descendents of a child or children, then the whole estate shall descend to and vest in the widow or surviving husband;

(iii)  If the deceased illegitimate person leaves no widow, surviving husband or descendents, his estate shall descend to and vest in the mother and her children, and their descendents, one‑half (1/2) to the mother and the other half to be equally divided between her children and their descendents, the descendents of a child taking the share of the deceased parent or ancestors;

(iv)  If the deceased illegitimate person leaves no heirs, as above provided, the estate shall pass to and vest in the next of kin of the mother of such illegitimate person, in the same manner as the estate of a legitimate person would pass by law to the next of kin.

 

Wyoming Intestacy Laws, Sec. 2-4-103.  Posthumous persons. 

Persons conceived before the decedent's death but born thereafter inherit as if they had been born in the lifetime of the decedent.

 

Wyoming Intestacy Laws, Sec. 2-4-104.  Kindred of half blood; stepchildren; foster children. 

Persons of the half‑blood inherit the same share they would inherit if they were of the whole blood, but stepchildren and foster children and their descendents do not inherit.

 

Wyoming Intestacy Laws, Sec. 2‑4‑105.  Alienage not to affect inheritance; exception; burden of proof; when property to escheat to state. 

(a)  The alienage of the legal heirs shall not invalidate any title to real estate which shall descend or pass from the decedent, except that no nonresident alien who is a citizen of any country foreign to the United States of America, shall by any manner or means acquire real property in this state by succession or testamentary disposition if the laws of the country of which the nonresident alien is a citizen do not allow citizens of the United States of America to take real property by succession or by testamentary disposition. 

(b)  If a decedent leaves no heirs, devisees or legatees entitled to take real property under the terms of this act, the decedent's property shall escheat to the state of Wyoming as now provided by law for escheat property. 

(c)  The burden of proof is upon a nonresident alien to establish the existence of reciprocal rights asserted by him. 

 

Wyoming Intestacy Laws, Sec. 2‑4‑106.  Divorce not to affect children's rights.

Divorces of husband and wife do not affect the right of children to inherit their property.

 

Wyoming Intestacy Laws, Sec. 2‑4‑107.   Determination of relationship of parent and child.

(a)  If for purposes of intestate succession, a relationship of parent and child shall be established to determine succession by, through or from a person: 

(i)  An adopted person is the child of an adopting parent and of the natural parents for inheritance purposes only. The adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and that natural parent;

(ii)An adopted person shall inherit from all other relatives of an adoptive parent as though he was the natural child of the adoptive parent and the relatives shall inherit from the adoptive person's estate as if they were his relatives;

(iii)In cases not covered by paragraph (i) of this subsection, a person born out of wedlock is a child of the mother. That person is also a child of the father, if the relationship of parent and child has been established under the Uniform Parentage Act, W.S. 14‑2‑401 through 14‑2‑907. 

 

Wyoming Intestacy Laws, Sec. 2‑4‑108.  Advancements generally; exceptions; determination. 

(a)  If a person dies intestate, property which he gave in his lifetime to an heir is treated as an advancement against the latter's share of the estate only if declared in a contemporaneous writing by the decedent or acknowledged in writing by the heir to be an advancement. For this purpose the property advanced is valued as of the time the heir came into possession or enjoyment of the property. If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the intestate share to be received by the recipient's issue, unless the declaration or acknowledgment provides otherwise. 

(b)  The maintenance, education or supply of money to a minor, without any view to apportion or settlement in life, is not deemed an advancement under this section. 

(c)  When any heir of the intestate receives in his lifetime any real or personal estate by way of advancement, and the other heirs desire it to be charged to him, the judge shall cite the parties to appear before him, shall hear proof upon the subject, and shall determine the amount of such advancement or advancements to be thus charged.

 

 

[Reference - Wyoming Intestacy Laws | Intestate Succession]
 

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