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(A) Repealed by Laws 1985, ch. 135, § 2.
(B) Repealed by Laws 1985, ch. 135, § 2.
(iii) Repealed by Laws 1985, ch. 135, § 2.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). “The court, therefore, said that W.S. 2-4-101 (Cum.Supp. 1983 (now Cum. Supp.”
Robert J. Craft & Sabrina Craft, individually & as Pers. Rep. of the Est. of Robert James Anderson v. State of Wyoming ex rel., Wyoming Dep't of Health Wyoming State Hosp. Thomas O. Forslund, individually & in his Off. capacity as Dir. of the Wyoming Dep't of Health Richard Dunkley, individually & in his Off. capacity as Adm'r of the Wyoming State Hosp. David Carrington, M.D. Sarah J. Rogers, Ph.D. James Fleenor, PMHNP-BC Martha Mueller, FNP-BC Sara Young, RN Xandrea Vrooman Steve Billman Michael Saxton Lidia Garcia Edgar Hernandez-Bautista Antoinette \Shelby\" Hutcherson Renita Hurdsman Giovanni Cerda Paul Mullenax Bill Sexton Jennifer Schmidt-Arroyo Jennifer Alexander & Spencer Kimble", 2020 WY 70 (Wyo. 2020). “1989), we held that the persons for whose benefit a wrongful death action is brought are all of those persons identified in the intestate succession statute, Wyo. Stat. Ann. § 2-4-101 . Included within the statutory framework for intestate succession are the “brothers and…”
In Re Est. of Seader, 2003 WY 119 (Wyo. 2003). “" 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). “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). “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). “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). “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). “Wyo.Stat.Ann. § 2-4-101 (LEXIS 1999) (emphasis added).”
In Re Est. of Kirkpatrick, 2003 WY 125 (Wyo. 2003). “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). “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). “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). “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
Taran Michael Schlegel v. Barney & Graham, Llc, a Wyoming Ltd. Liab. Co. & Shelby Noel Hughes, 2023 WY 95 (Wyo. 2023).
— 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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