Wyoming Statutes

Wyo. Stat. § 2-5-104 (2026)

Duty of court to advise as to right of election.

✓ current as of May 2026

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(a) If the surviving spouse has a right of election under
W.S. 2-5-101, then at any time after the filing of an inventory
and not more than three (3) months after the admission of the
will to probate, the court shall advise the surviving spouse of
his right of election and shall explain fully the right and that
in the event of the failure to exercise the right of election
the will shall govern and control the distribution of the
estate.

     (b) If the surviving spouse dies or becomes incompetent
before the court has advised him of his right of election and
has not, prior to death or incompetency, filed a waiver or
renunciation of the right of election, the court shall advise
the personal representative or guardian of the estate of the
deceased or incompetent surviving spouse of the right of
election as provided in subsection (a) of this section.

Notes of Decisions

Cited in 3 cases, 1992–2014 · leading case: Est. of Dahlke ex rel. Jubie v. Dahlke, 319 P.3d 116 (Wyo. 2014).

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Est. of Dahlke ex rel. Jubie v. Dahlke, 319 P.3d 116 (Wyo. 2014). · cites it 5× “Advisement as to Elective Share [155] Appellants argue that the decree was void because Sara was never advised of her statutory right to take an elective share against Kent's will Sara was not in fact given the advisement required by Wyo. Stat. Ann. § 2-5-104 . That statute…”

Briggs v. Wyoming Nat'l Bank of Casper, 836 P.2d 263 (Wyo. 1992). · cites it 12× “Rein, Wills, Trusts and Estates: Including Taxation and Future Interests, § 3.”

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 5× “Sara was not in fact given the advisement required by Wyo. Stat. Ann. § 2-5-104 . That statute provides as follows: (a) If the surviving spouse has a right of election under W.”

— Wyo. Stat. § 2-5-104(b) — 2 cases

Est. of Dahlke ex rel. Jubie v. Dahlke, 319 P.3d 116 (Wyo. 2014). “Advisement as to Elective Share [155] Appellants argue that the decree was void because Sara was never advised of her statutory right to take an elective share against Kent's will Sara was not in fact given the advisement required by Wyo. Stat. Ann. § 2-5-104 . That statute…”

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 not in fact given the advisement required by Wyo. Stat. Ann. § 2-5-104 . That statute provides as follows: (a) If the surviving spouse has a right of election under W.”

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