2010 Wyoming Statutes
Title 2 - Wills, Decedents' Estates And Probate Code
Chapter 4 - Intestate Succession

CHAPTER 4 - INTESTATE SUCCESSION

 

ARTICLE 1 - IN GENERAL

 

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(A) Repealed by Laws 1985, ch 135, 2.

 

(B) Repealed by Laws 1985, ch 135, 2.

 

(iii) Repealed by Laws 1985, ch. 135, 2.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

 

(iii) 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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

ARTICLE 2 - PROCEDURE FOR ADMINISTRATION

 

2-4-201. Persons entitled to administer.

 

(a) Administration of the estate of a person dying intestate shall be granted to one (1) or more of the persons mentioned in this section. The relatives of the deceased are entitled to administer only when they are entitled to succeed to his personal estate or some portion thereof. They are entitled to administer in the following order:

 

(i) The surviving husband or wife, or some competent person whom he or she may request to have appointed;

 

(ii) The children;

 

(iii) The father or mother;

 

(iv) The brothers or sisters;

 

(v) Repealed by Laws 1987, ch. 129, 1, 2.

 

(vi) The grandchildren;

 

(vii) The next of kin entitled to share in the distribution of the estate;

 

(viii) The creditors;

 

(ix) Any person legally competent.

 

(b) If the decedent was a member of a partnership at the time of his death, the surviving partner shall not be appointed administrator of the estate if he is competent only by reason of paragraphs (a)(viii) and (ix) of this section.

 

(c) No nonresident of the state of Wyoming shall be appointed as administrator unless a resident of Wyoming is appointed as coadministrator.

 

2-4-202. Appointment of administrator(s).

 

Where there are several persons equally entitled to administer, the court, or commissioner in vacation may grant letters to one (1) or more of them. When a creditor is claiming letters, the court, or commissioner in vacation, may at the request of another creditor grant letters to any other person legally competent.

 

2-4-203. Persons incompetent to administer.

 

(a) No person is competent or entitled to serve as administrator, who is:

 

(i) Under the age of majority;

 

(ii) Not a bona fide resident of the state unless a resident of Wyoming is appointed coadministrator; or

 

(iii) Adjudged by the court, or commissioner in vacation, incompetent to execute the duties of the trust.

 

2-4-204. Married woman may be administratrix.

 

A married woman may be appointed and serve as administratrix the same in every respect as a femme sole. When an unmarried woman appointed administratrix marries her authority is not extinguished.

 

2-4-205. Petition for letters of administration; contents; effect of want of jurisdictional averments.

 

A petition for letters of administration shall be in writing, signed by the applicant or his counsel and filed with the clerk of the court. The petition shall state the facts essential to give the court jurisdiction of the case, and when known to the applicant, shall state the names, ages and residences of the heirs of the decedent, the value and character of the property and where the same is situated. If the jurisdictional facts existed but are not fully set forth in the petition, and are afterwards proved in the course of administration, the decree or order of administration and subsequent proceedings are not void on account of such want of jurisdictional averments.

 

2-4-206. Contest of petition; assertion of own rights to administer.

 

Any person interested may contest the petition by filing written opposition on the ground of the incompetency of the applicant, or may assert his own rights to the administration and pray that letters be issued to himself. In the latter case the contestant shall file a petition and submit evidence in support thereof, taken and reduced to writing before the clerk or commissioner of the court, and the court shall hear the two (2) petitions together.

 

2-4-207. Hearing of contest; issuance of letters.

 

After hearing the allegations and proofs of the parties, the court shall order the issuing of letters of administration to the party best entitled thereto.

 

2-4-208. When letters granted.

 

Letters of administration may be granted at any time appointed for the hearing of the application, or at any time to which the hearing is continued or postponed.

 

2-4-209. Letters granted to any applicant if not contested.

 

Letters of administration shall be granted to any applicant, though it appears there are other persons having better rights to the administration, when those persons fail to appear either in person or by agent or attorney and claim the issuing of letters themselves.

 

2-4-210. Letters granted on request of person entitled.

 

Administration may be granted to one (1) or more competent persons, although not otherwise entitled to the same, at the written request of the person entitled, filed in court.

 

2-4-211. Creditors; right to apply for letters.

 

If letters testamentary or of administration have not been issued upon the request of any other person, any creditor of the decedent may apply for letters of administration at any time within two (2) years after the death of decedent, but not afterwards.

 

2-4-212. Creditors; when claims barred; effect on liens.

 

If the letters are not issued within the time specified, all claims of creditors are forever barred and the purchasers of the property of the decedent from the heirs of the decedent shall take the title free from any claim of creditors. This act does not affect the lien upon encumbered property secured by valid mortgage or deed of trust in the case of real property, or by security agreement or interest valid under the Wyoming Uniform Commercial Code, but the secured creditor is not entitled to any deficiency judgment.

 

2-4-213. Transcript of court minutes to be evidence of appointment.

 

A transcript from the minutes of the court showing the appointment of any person as administrator, together with the certificate of the clerk under his hand and the seal of the court, that the person has given bond and been qualified and that letters of administration have been issued to him and have not been revoked, shall have the same effect in evidence as the letters themselves.

 

2-4-214. Form of letters of administration .

 

Letters of administration shall be signed by the clerk under the seal of the court, and substantially in the following form:

 

State of Wyoming )

 

)ss

 

County of .... )

 

C. D. is hereby appointed administrator of the estate of A. B., deceased. Witness, G. H., clerk of the district court within and for the county of .... with the seal thereto affixed, the .... day of .... A. D. ....

 

.... Clerk.