Wyo. Stat. » Wyo. Stat. / Title 02 - Wills, Decedents' Estates and Probate Code / Chapter 5 - RIGHTS OF SURVIVING SPOUSE / Article 2 - PROCEDURE FOR ADMINISTRATION
Wyoming Statutes

Wyo. Stat. § 2-5-102 (2026)

Waiver of right of election and homestead

✓ current as of May 2026
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allowance.

The right of election of a surviving spouse and the rights of
the surviving spouse to homestead allowance, exempt property and
family allowance, or any of them, may be waived totally or
partially before or after marriage, by a written contract,
agreement or waiver signed by the party waiving, after fair
disclosure. Unless it provides to the contrary a waiver of "all
rights" (or equivalent language) in the property or estate of a
present or prospective spouse, or a complete property settlement
entered into after or in anticipation of separation or divorce,
is a waiver of all rights to elective share, homestead
allowance, exempt property and family allowance by each spouse
in the property of the other and a renunciation by each of all
benefits which would otherwise pass to one from the other by
intestate succession or by virtue of the provisions of any will
executed before the waiver or property settlement.
Notes of Decisions
Cited in 1 case, 1992–1992 · leading case: Briggs v. Wyoming Nat'l Bank of Casper, 836 P.2d 263 (Wyo. 1992).
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Briggs v. Wyoming Nat'l Bank of Casper, 836 P.2d 263 (Wyo. 1992). · cites it 16× “Wyo.Stat. § 2-5-102 (1980) specifically provides in part: The right of election of a surviving spouse .”
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