§ 2-5-101 — Elective share of property

Wyoming § 2-5-101

• Jurisdiction: Wyoming
• Title 02: Wills, Decedents' Estates and Probate Code
• Ch. 5: RIGHTS OF SURVIVING SPOUSE

Text

(a) If a married person domiciled in this state shall by
will deprive the surviving spouse of more than the elective
share, as hereafter set forth, of the property which is subject
to disposition under the will, reduced by funeral and
administration expenses, homestead allowance, family allowances
and exemption, and enforceable claims, the surviving spouse has
a right of election to take an elective share of that property
as follows:
(i) 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
(ii) One-fourth (1/4), if the surviving spouse is not
the parent of any surviving issue of the decedent.
(b) If a married person not domiciled in this state dies,
the right, if any, of the surviving spouse to take an elective
share in property in this state is governed by the law of the
decedent's domicile at death.
(c) If the surviving spouse of a married person domiciled
in this state dies or becomes incompetent within three (3)
months after the will is admitted to probate or before being
advised of the right of election as in W.S. 2-5-104 provided, a
personal representative or guardian of the estate of the
deceased or incompetent surviving spouse has the same right of
election as the surviving spouse would have had if living or
competent.
(d) If the surviving spouse or his personal representative
or guardian fails to exercise the right of election within the
time provided in W.S. 2-5-105, the will shall govern and control
the distribution of the estate.