Wyoming Statutes

Wyo. Stat. § 2-5-101 (2026)

Elective share of property.

✓ current as of May 2026
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(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.
Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1979–2024 · leading case: Est. of Dahlke ex rel. Jubie v. Dahlke, 319 P.3d 116 (Wyo. 2014).
Est. of Dahlke ex rel. Jubie v. Dahlke, 319 P.3d 116 (Wyo. 2014). · cites it 8× “Sara was never advised of her right to an elective share against the will under Wyo. Stat. Ann. § 2-5-101 (a). Attorney McColloch applied for and was authorized his entire statutory fee on July 13, 2005, eight months before filing a final report, accounting, and petition for…”
Briggs v. Wyoming Nat'l Bank of Casper, 836 P.2d 263 (Wyo. 1992). · cites it 20× “Wyo.Stat. § 2-5-101 (1980). Perhaps the court lends too much credence to that argument, which *267 does amount to a mixing of apples and oranges.”
In Re Est. of Maycock, 2001 WY 103 (Wyo. 2001). · cites it 2× “[¶ 4] Deborra Maycock chose, in January of 1999, to exercise her privilege under Wyo. Stat. Ann. § 2-5-101 (a)@) (LexisNexis 2001) to take an elective share against her late husband's will.”
Taran Michael Schlegel v. Barney & Graham, Llc, a Wyoming Ltd. Liab. Co. & Shelby Noel Hughes, 2023 WY 95 (Wyo. 2023). · cites it 4× “Drwenski’s estate pursuant to Wyo. Stat. Ann. § 2-5-101 (a)(ii) (LexisNexis 2003).”
Powell v. Est. of Fletcher, 2006 WY 21 (Wyo. 2006). · cites it 4× “Powell was not granted a share of Fletcher's estate under his will, so she sought her spousal elective share pursuant to Wyo. Stat. Ann. § 2-5-101 (LexisNexis 2005).”
Matter of Est. of Reno, 604 P.2d 550 (Wyo. 1979). · cites it 2× “Chapter 142, §§ 2-5-101 and 102, S.L. of Wyoming 1979.”
Reno v. Reno, 626 P.2d 552 (Wyo. 1981). · cites it 2× “* * * ” The pertinent parts of this section have been superceded by § 2-5-101 (a), W.S.1977, 1980 Cum.Supp.: “(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…”
The Est. of H. Kent Dahlke, By & Through Its Pers. Rep. Susan M. Jubie, & the Est. of Sara Westerberg Dahlke, By & Through Its Pers. Rep. Susan M. Jubie, & Susan M. Jubie, Individually v. Jay H. Dahlke, Kurt M. Dahlke, Hearthside Care Ctr., Umpqua Homes for the Handicapped, & M. Scott McColloch, 2014 WY 29 (Wyo. 2014). · cites it 8× “Sara was never advised of her right to an elective share against the will under Wyo. Stat. Ann. § 2-5-101 (a). Attorney McColloch applied for and was authorized his entire statutory fee on July 13, 2005, eight months before filing a final report, accounting, and petition for…”
DeJohn v. DeJohn, 2005 WY 140 (Wyo. 2005). · cites it 4× “See Wyo. Stat. Ann. § 2-5-101 (LexisNexis 2005).”
— Wyo. Stat. § 2-5-101(a) — 3 cases
Est. of Dahlke ex rel. Jubie v. Dahlke, 319 P.3d 116 (Wyo. 2014). “Sara was never advised of her right to an elective share against the will under Wyo. Stat. Ann. § 2-5-101 (a). Attorney McColloch applied for and was authorized his entire statutory fee on July 13, 2005, eight months before filing a final report, accounting, and petition for…”
Reno v. Reno, 626 P.2d 552 (Wyo. 1981). “* * * ” The pertinent parts of this section have been superceded by § 2-5-101 (a), W.S.1977, 1980 Cum.Supp.: “(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…”
The Est. of H. Kent Dahlke, By & Through Its Pers. Rep. Susan M. Jubie, & the Est. of Sara Westerberg Dahlke, By & Through Its Pers. Rep. Susan M. Jubie, & Susan M. Jubie, Individually v. Jay H. Dahlke, Kurt M. Dahlke, Hearthside Care Ctr., Umpqua Homes for the Handicapped, & M. Scott McColloch, 2014 WY 29 (Wyo. 2014). “Sara was never advised of her right to an elective share against the will under Wyo. Stat. Ann. § 2-5-101 (a). Attorney McColloch applied for and was authorized his entire statutory fee on July 13, 2005, eight months before filing a final report, accounting, and petition for…”
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