US Legal Forms
Legal Resources
Questions & Answers
Wills and Estates
How is property divided in Wyoming without a will?

How is property divided in Wyoming without a will?

Full question:

My husband and I were married for over 20 years. He passed away recently. We own a house in joint tenancy in Wyoming. My husband named me the beneficiary of his retirement account. He also owned $300,000 worth of other property in Wyoming. We have three children from our marriage. How will the property be divided in Wyoming if he hasn’t left a will behind?

Category: Wills and Estates
Subcategory: Intestacy
Date: 04/07/2025
State: Wyoming

Answer:

In Wyoming, when a person dies without a will, intestacy laws apply (Wyo. Stat. § 2-4-101). If the deceased has a spouse and children, the estate is divided as follows:

1. The surviving spouse inherits half (1/2) of the estate.

2. The remaining half is divided equally among the children.

In your case, you will automatically inherit the house and any retirement funds, as you are the beneficiary. The $300,000 worth of other property will be divided as follows:

1. You will receive $150,000 (half of $300,000).

2. The remaining $150,000 will be equally shared among your three children, giving each child $50,000.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the disadvantage of joint tenancy ownership?

One disadvantage of joint tenancy ownership is that if one owner dies, their share automatically passes to the surviving owner, bypassing the deceased's estate. This can lead to complications if the deceased wanted their share to go to someone else, like children from a previous marriage. Additionally, joint tenancy may not provide the same level of control over the property as other forms of ownership, such as tenants in common, where each owner can determine their share's distribution upon death.

Does joint tenancy with right of survivorship override a will?

Yes, joint tenancy with right of survivorship typically overrides a will. When one joint tenant dies, their interest in the property automatically passes to the surviving joint tenant, regardless of what the will states. This means that the property does not become part of the deceased's estate and is not distributed according to their will.

What happens if one spouse dies on a joint mortgage?

If one spouse dies on a joint mortgage, the surviving spouse typically remains responsible for the mortgage payments. The deceased spouse's share of the property usually passes to the surviving spouse if they own the property as joint tenants. However, the mortgage lender may require proof of the death and may need to be notified to update the mortgage records.

What if my husband died and my name is on the house?

If your name is on the house and you own it as joint tenants with your husband, you will automatically inherit the property upon his death. This means you will have full ownership of the house, and it will not be part of his estate for distribution under intestacy laws. If you owned it as tenants in common, your share would pass according to his will or intestacy laws.