Elective Share in Wyoming
State-specific overview · Estate & Probate
Wyoming does not recognize an elective share; the surviving spouse's rights depend entirely on intestacy law or the will's provisions.
How Wyoming treats Elective Share
Wyoming has abolished the traditional elective share right, meaning a surviving spouse cannot override the will to claim a statutory portion of the estate. Instead, the spouse's entitlement is determined by intestacy succession rules if there is no will, or by the will's terms if one exists. This approach gives testators complete freedom to disinherit a spouse if they choose. Wyoming Statutes § 2-2-101 et seq. outline intestate succession without an elective share option.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Wyoming.