Wyoming Statutes

Wyo. Stat. § 2-4-101 (2026)

Rule of descent; generally; dower and curtesy

✓ current as of May 2026
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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                  (A)   Repealed by Laws 1985, ch. 135, § 2.

                  (B)   Repealed by Laws 1985, ch. 135, § 2.

          (iii)    Repealed by Laws 1985, ch. 135, § 2.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.
Notes of Decisions
Cited in 21 cases (1 in the last 5 years), 1979–2023 · leading case: Butler v. Halstead by & Through Colley, 770 P.2d 698 (Wyo. 1989).
Butler v. Halstead by & Through Colley, 770 P.2d 698 (Wyo. 1989). · cites it 39× “The court, therefore, said that W.S. 2-4-101 (Cum.Supp. 1983 (now Cum. Supp.”
In Re Est. of Seader, 2003 WY 119 (Wyo. 2003). · cites it 8× “" The "simple" question then would be whether to apply equitable adoption so that Julie would be considered Neil's child for purposes of intestate succession.”
In re Est. of Frank, 432 P.3d 885 (Wyo. 2019). · cites it 6× “Under Wyo. Stat. Ann. § 2-4-101 (a)(i) (LexisNexis 2017), Henry and Appellant each received one half of Ardith Ross's estate.”
Matter of Est. of Reno, 604 P.2d 550 (Wyo. 1979). · cites it 16× “The present appeal raises two related issues: First, whether the probate judge notified and advised a surviving spouse of her rights under the election statute, § 2-4-101, W.S. 1977, as required by that statute.”
Wetering v. Eisele, 682 P.2d 1055 (Wyo. 1984). · cites it 6× “1983), as follows: "(c) Except in cases above enumerated, the estate of any intestate shall descend and be distributed as follows: * * * * * * "(ii) If there are no children, nor their descendents, then to his father, mother, brothers and sisters, and to the descendents of…”
Franks v. Indep. Prod. Co., Inc., 2004 WY 97 (Wyo. 2004). · cites it 4× “Determining that Wyo. Stat. Ann. § 2-4-101 (c) (LexisNexis 2003) 1 governs who may bring a wrongful death action, the trial court determined that the plain language precluded an action by stepchildren, granted the Appellees’ motion and dismissed all claims filed on behalf of the…”
In Re Est. of Fosler, 13 P.3d 686 (Wyo. 2000). · cites it 16× “Wyo.Stat.Ann. § 2-4-101 (LEXIS 1999) (emphasis added).”
In Re Est. of Kirkpatrick, 2003 WY 125 (Wyo. 2003). · cites it 5× “Interrelationship Between the Intestacy Statutes and the Adoption Statutes [¶ 10] Wyo. Stat. Ann. §§ 2-4-101 and 2-4-107 (LexisNexis 2003) establish the rules of intestate succession and, specifically, those that apply to persons in an adoptive family.”
Gates v. Richardson, 719 P.2d 193 (Wyo. 1986). · cites it 2× “1985, and § 2-4-101, W.S. 1977, Cum.Supp. 1985. Others may suffer because of the death of a business partner or a friend.”
West v. Wyoming State Treasurer, 822 P.2d 1269 (Wyo. 1991). · cites it 4× “See W.S. 2-4-101 (Supp. 1991). 2. As each person benefitted by the wrongful death action may prove his respective damages, W.”
Fosler v. Collins, 13 P.3d 686 (Wyo. 2000). · cites it 8× “The legislature, having provided through the preceding provisions of § 2-4-101 for the reasonable distribution of an intestate's estate (through several levels of kindred) ended the designation of root generations in § 24-10l(c)@iii) at "grandfather, grandmother, uncles, aunts."…”
— Wyo. Stat. § 2-4-101(a) — 1 case
— Wyo. Stat. § 2-4-101(a)(i) — 1 case
Matter of Fray, 721 P.2d 1054 (Wyo. 1986).
— Wyo. Stat. § 2-4-101(c) — 2 cases
Butler v. Halstead by & Through Colley, 770 P.2d 698 (Wyo. 1989). “The court, therefore, said that W.S. 2-4-101 (Cum.Supp. 1983 (now Cum. Supp.”
Fosler v. Collins, 13 P.3d 686 (Wyo. 2000). “The legislature, having provided through the preceding provisions of § 2-4-101 for the reasonable distribution of an intestate's estate (through several levels of kindred) ended the designation of root generations in § 24-10l(c)@iii) at "grandfather, grandmother, uncles, aunts."…”
— Wyo. Stat. § 2-4-101(c)(i) — 1 case
Butler v. Halstead by & Through Colley, 770 P.2d 698 (Wyo. 1989). “The court, therefore, said that W.S. 2-4-101 (Cum.Supp. 1983 (now Cum. Supp.”
— Wyo. Stat. § 2-4-101(c)(ifi) — 1 case
Fosler v. Collins, 13 P.3d 686 (Wyo. 2000). “The legislature, having provided through the preceding provisions of § 2-4-101 for the reasonable distribution of an intestate's estate (through several levels of kindred) ended the designation of root generations in § 24-10l(c)@iii) at "grandfather, grandmother, uncles, aunts."…”
— Wyo. Stat. § 2-4-101(c)(ii) — 2 cases
Butler v. Halstead by & Through Colley, 770 P.2d 698 (Wyo. 1989). “The court, therefore, said that W.S. 2-4-101 (Cum.Supp. 1983 (now Cum. Supp.”
In Re Est. of Fosler, 13 P.3d 686 (Wyo. 2000). “Wyo.Stat.Ann. § 2-4-101 (LEXIS 1999) (emphasis added).”
— Wyo. Stat. § 2-4-101(c)(iii) — 3 cases
In Re Est. of Fosler, 13 P.3d 686 (Wyo. 2000). “Wyo.Stat.Ann. § 2-4-101 (LEXIS 1999) (emphasis added).”
Butler v. Halstead by & Through Colley, 770 P.2d 698 (Wyo. 1989). “The court, therefore, said that W.S. 2-4-101 (Cum.Supp. 1983 (now Cum. Supp.”
Fosler v. Collins, 13 P.3d 686 (Wyo. 2000). “The legislature, having provided through the preceding provisions of § 2-4-101 for the reasonable distribution of an intestate's estate (through several levels of kindred) ended the designation of root generations in § 24-10l(c)@iii) at "grandfather, grandmother, uncles, aunts."…”
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