Wyoming Statutes

Wyo. Stat. § 2-1-404 (2026)

Disposition of disclaimed interest.

✓ current as of May 2026

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(a) Unless otherwise expressly provided in the deed of
gift or will:
          (i) The interest disclaimed reverts to the transferor
if he is living on the date of disclaimer; or

          (ii) The interest disclaimed passes under the
residuary clause of transferor's will if he died prior to the
disclaimer. If the disclaimant is a residuary beneficiary under
the will the interest disclaimed passes as though the
disclaimant did not survive the transferor.

     (b) If the transferor died intestate prior to the
disclaimer, the interest disclaimed passes under the laws of
descent and distribution as though the disclaimant did not
survive the transferor.

     (c) If the interest disclaimed would have passed by right
of survivorship, the interest shall pass as though the
disclaimant was not a survivor.

Notes of Decisions

Cited in 3 cases, 1989–2007 · leading case: Norman v. Schulte (In Re Schulte), 107 B.R. 763 (Bankr. D. Wyo. 1989).

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Norman v. Schulte (In Re Schulte), 107 B.R. 763 (Bankr. D. Wyo. 1989). · cites it 3× “Section 2-1-404, W.S.1977. 1 This must mean that when a disclaimer is filed, the renunciation relates back to the time of death of the decedent.”

Royal v. Co-Pers. Representatives of the Prob. Est. of Sanford (In Re Sanford), 369 B.R. 609 (10th Cir. BAP 2007). “” Wyo. Stat. Ann. § 2-1-401 (1997). Wyoming law also provided that a disclaimed interest under a will passes as though the disclaimant did not survive the testator, in effect, “relating back” to the testator’s death.”

Royal v. Prob. Est. of Sanford (In Re Sanford), 352 B.R. 885 (Bankr. D. Wyo. 2006). “Under Wyoming Statutes Annotated § 2-1-404(a)(ii), the “interest disclaimed passes under the residuary clause of transferor’s will if he died prior to the disclaimer,” and “[i]f the disclaimant is a residuary beneficiary under the will the interest disclaimed passes as though…”

— Wyo. Stat. § 2-1-404(a)(ii) — 1 case

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