Spousal Elective Share Requirements in Wyoming

At a glance

Requirements one by one

The family relationship selects one-half or one-fourth

Section 2-5-101 gives one-half when the decedent leaves no surviving issue. It also gives one-half when the spouse is a parent of any surviving issue. The one-fourth tier applies only when the spouse is not the parent of any surviving issue.

That wording matters in a mixed family. If the spouse is a parent of one surviving child but not another, the statute's “any” condition places the spouse in the one-half tier.

The base is property subject to the will

The elective-share base is property subject to disposition under the will, not a statutory augmented estate. Section 2-5-101 first reduces that property by funeral and administration expenses, homestead allowance, family allowances and exemption, and enforceable claims, then applies the one-half or one-fourth fraction.

Wyoming separately preserves qualifying community property brought from another jurisdiction. § 2-7-721 and § 2-7-723 assign one-half of that property to the survivor and expressly exclude the decedent's one-half from the elective share.

Court advisement creates the second filing clock

After the inventory is filed, § 2-5-104 requires the court to advise the spouse of the election no later than three months after the will is admitted. The petition deadline is the later of three months after will admission or 30 days after that advisement.

Chapter 5 states no extension procedure. It does permit the spouse or authorized representative to withdraw the demand at any time before the court enters its final determination.

Filing and hearing have different delivery rules

Section 2-5-105 first requires filing the petition in court and mailing or delivering it to the personal representative, if one exists. After filing, the court sets a hearing. The spouse or authorized representative must then send the time-and-place notice by certified mail to every adversely affected person at least 20 days before the hearing.

After notice and hearing, the court determines the right and orders payment from estate assets. Chapter 5 states no verification, notarization, or mandatory attachment requirement for the petition.

A representative's authority depends on timing and incapacity

If the spouse dies or becomes incompetent within three months after will admission, or before being advised of the election, the personal representative or guardian of the spouse's estate has the same election right. Section 2-5-104 also directs the court to advise that representative when the spouse died or became incompetent before advisement without previously waiving the election.

Waiver requires a signed writing after fair disclosure

Section 2-5-102 permits a total or partial waiver before or after marriage by a written contract, agreement, or waiver signed after fair disclosure. Unless the document says otherwise, an “all rights” waiver or equivalent language also waives the elective share, allowances, exempt property, intestate benefits, and benefits under a will executed before the waiver.

A complete property settlement entered after or in anticipation of separation or divorce receives the same broad statutory effect unless it provides otherwise.

Payment follows the estate's abatement order

Section 2-7-808 generally funds the elected share through abatement in this order: intestate property, residue, general nonspecific devises, specific devises, and finally property devised to a spouse who takes under the will. The will or testamentary plan can require a different order to carry out the testator's intent.

Homestead allowance, exempt property, and family allowance generally remain available whether or not the spouse elects. The statutory exception applies when the will clearly makes its spouse provision in lieu of those rights and the spouse does not renounce that provision.

What trips people up

• “Any” does not mean “all.” A spouse who is parent of even one surviving issue fits the statutory one-half tier.
• Two clocks must be compared. Use the later of three months after will admission and 30 days after court advisement.
• The hearing notice method is specific. Adversely affected persons receive certified-mail notice at least 20 days before the hearing.
• Imported community property is treated separately. The survivor owns one half, while the decedent's half is expressly outside the elective share.

Common questions

What happens if the spouse misses the deadline? Sections 2-5-101 and 2-5-105 say the will governs and controls the estate distribution.

Can the petition be withdrawn? Yes, until the court enters its final determination of the elective-share right.

Does electing eliminate the family allowances? Generally no. Section 2-5-103 preserves the homestead allowance, exempt property, and family allowance subject to its will-in-lieu exception.

Statutes and sources

• Wyo. Stat. § 2-5-101 — domicile, amount, representative eligibility, and missed-election effect. Official Wyoming Title 2 PDF (accessed 2026-08-02).
• Wyo. Stat. § 2-5-102 — signed written waiver after fair disclosure and broad-waiver effect. Official Wyoming Title 2 PDF (accessed 2026-08-02).
• Wyo. Stat. § 2-5-103 — homestead, exempt-property, and family-allowance treatment. Official Wyoming Title 2 PDF (accessed 2026-08-02).
• Wyo. Stat. § 2-5-104 — court advisement duty. Official Wyoming Title 2 PDF (accessed 2026-08-02).
• Wyo. Stat. § 2-5-105 — deadline, filing, delivery, certified-mail notice, hearing, payment, and withdrawal. Official Wyoming Title 2 PDF (accessed 2026-08-02).
• Wyo. Stat. §§ 2-7-721 and 2-7-723 — imported community property and its exclusion from the election. Official Wyoming Title 2 PDF (accessed 2026-08-02).
• Wyo. Stat. § 2-7-808 — abatement order used to fund an elected share. Official Wyoming Title 2 PDF (accessed 2026-08-02).