A Spouse Left Out of the Will
W.S. 2-5-105 — the elective share, claimed within three months of probate
If a married person living in Wyoming leaves a will giving the surviving spouse less than the elective share, the spouse can choose to take the elective share of the property the will disposes of, after funeral and administration costs, allowances and claims.
Who handles this in Wyoming: legal aid programs, lawyer referral and the state offices, listed in the Wyoming directory.
- One half if the person left no children or descendants, or if the spouse is also a parent of any of them.
- One fourth if the spouse is not a parent of any of the person's surviving children or descendants.
The deadline. The spouse files a petition in court within three months after the will is admitted to probate, or within thirty days after being told of the right, whichever is later. Otherwise the will controls.
Sources for this section (2)
- W.S. 2-5-101 — Elective share of property
- W.S. 2-5-105 — Time limit and procedure for elective share
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Wyoming attorney.