Wyoming State Specific Information

Will, Trust, Power of Attorney, and Estate Planning

Official state laws:

Minimum age requirement to:

Holographic will recognized (Section 2-6-113)

State taxes:

Estate tax: Equal to federal credit for state death taxes (Section 39-19-101)
State gift tax:Inheritance tax: No inheritance tax (Section 39-19-101)
- No state gift tax (Section 39-19-101)
- Anatomical Gift Act (Section 35-5-102)
Inheritance tax: No inheritance tax (Section 39-19-101)

Default rules: How property is distributed if there is no will, i.e. laws of intestate succession: (Section 2-4-101)

No surviving spouse, but there are surviving children:
- All of the estate goes to the surviving children split equally among them or to their children in accordance to their per stirpes share
Surviving spouse and
- Children of surviving spouse:
  - One-half (1/2) to surviving spouse, and
  - The other one-half (1/2), split equally among the surviving children or grandchildren according to their per stirpes share
  - Children not of the surviving spouse (for example your children from a previous marriage):
    - One-half (1/2) to surviving spouse, and
    - The other one-half (1/2), split equally among the surviving children or grandchildren according to their per stirpes share
    - No children and both of your parents are deceased:
      - All of your estate will pass to your spouse
    - No children, but at least one of your parents survives you:
      - All of your estate will pass to your spouse
At least one parent survives you, but no surviving spouse or children:
- All of your estate will pass to your surviving parents or siblings equally or to the children of your siblings according to their per stirpes share
No spouse, children, or parents:
- All of your estate will pass to grandparents, aunts, uncles, or to their children according to their per stirpes share

Who must be named as a beneficiary in your will:

Surviving spouse (Section 2-5-101), andSee statute for details (Section 2-5-101)
- Surviving spouse must be given either:
  - If there are no children or the surviving parent is parent of your children, then one-half (1/2) of your estate; See statute for details (Section 2-5-101)
  - If the surviving spouse is not a parent to any of your children, then only gets one-fourth (1/4) of your estate; See statute for details (Section 2-5-101)
See statute for details (Section 2-5-101)

Effects of changes in your marital status on your will:

You are divorced from the surviving spouse:
- Revokes will as to divorced spouse (Section 2-6-118)
You get married without changing your will that does not provide for your new spouse:
- Will is not revoked (Section 2-6-118)

Out of state executors: Must appoint in-state agent to accept legal papers (Section 2-11-301)

Witnesses:

Minimum number of witnesses required: Two (Section 2-6-112)
Are witnesses allowed to be beneficiaries?: No, unless there are two other disinterested witnesses (Section 2-6-110)
Requirements to be a witness, witnesses must:
- be at least 18 years of age or a notary public,
- not be related to you by blood or marriage,
- not the person who signed your Declaration on your behalf,
- not be entitled to anything in your will, and
- not be finically responsible for your healthcare

Property ownership (Section 34-1-140):

Common law state
Bank account deposits held jointly are payable to any survivor named in the bank account
Tenancy by the entirety is recognized in this state
Joint tenancy requires clear and express language or right of survivorship

Other types of wills:

Self-proving wills recognized: Yes, recognized (Section 2-6-114)
Living will: Declaration (Section 35-22-102) requires a certification from two physicians that you are in a terminal condition and your death will result without using life-sustaining procedures
Power of Attorney for Health Care (Section 3-5-201)
Durable Power of Attorney (Section 3-5-101)