Wyoming Family Allowance | Settled Estate

The Wyoming family allowance is support money a district court orders paid out of a decedent's estate to the surviving spouse and minor children while the estate is being settled. Wyoming writes no dollar figure into it. W.S. 2-7-502 has the court make "such reasonable allowance out of the estate as is necessary for the maintenance of the family according to their circumstances during the settlement of the estate", and W.S. 2-7-503 pays that allowance ahead of every other charge except funeral expenses and the cost of administration.

That makes the family allowance one of three protections the Probate Code gives a Wyoming family, and the only one without a number. The other two sit beside it in the same article of Title 2: exempt property under W.S. 2-7-504, which the court sets over to the spouse or minor children as their absolute property, and a probate homestead capped at $30,000 by W.S. 2-7-508. They are separate rights, and the family allowance is paid on top of them when they fall short.

Every rule below was read on September 28, 2026 in the Wyoming Legislature's Title 2 file at wyoleg.gov, the edition published May 8, 2026, after the 2026 session. A search of the Legislature's enrolled probate acts from 2016 through 2026 found none that amended W.S. 2-7-501, 2-7-502, 2-7-503 or 2-5-103. Wyoming probate runs through the district court, which W.S. 2-2-101 gives exclusive original jurisdiction over the settlement and distribution of decedents' estates. This page is general information about Wyoming law, not advice about one estate. For a figure that fits your family, ask the clerk of district court holding the file or a licensed Wyoming attorney.

Wyoming's Three Family Protections at a Glance

Protection	Amount in Title 2	Statute	Who takes it
Family allowance	No fixed amount. A reasonable allowance for the family's maintenance during settlement, set by the court.	2-7-501(a), 2-7-502, 2-7-503	The surviving spouse or minor children
Exempt property	Everything exempt from execution under Wyoming's exemption laws, including the homestead	2-7-504	The spouse. If there is none, the minor children. Split half and half when the spouse is not the parent of all the minors.
Probate homestead	Capped at $30,000	2-7-508	The spouse or minor children, under 2-7-501(b)

Here is why the order of that table matters. The family allowance in 2-7-502 is written as a top-up: it applies "if the amount set apart is insufficient for the support of the widow and children". The court first looks at what the family already takes, then fills the gap.

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Who Qualifies for the Wyoming Family Allowance

Two groups qualify, and the statute names only two.

The surviving spouse. W.S. 2-7-501(a) opens with "When a person dies leaving a spouse or minor children". Its second sentence and W.S. 2-7-502 use the older word "widow", but W.S. 2-5-103 confirms that "a surviving spouse is entitled to" the family allowance, so a widower qualifies on the same terms.
Minor children of the decedent. Both 2-7-501(a) and 2-7-502 name the children alongside the spouse ("the widow and children, or either"), so minor children qualify with or without a surviving spouse.

Neither section mentions adult children, stepchildren the decedent never adopted, parents, or other relatives the decedent was helping. If your family does not fit the two groups Wyoming names, the family allowance is not the route, and the rest of the estate passes under the will or under Wyoming's intestate succession rules.

How Much the Family Allowance Pays

No section of Title 2 sets a lump sum, a monthly figure, or a maximum. Three phrases do the work instead:

"A reasonable provision for their support, to be allowed by the court." This is W.S. 2-7-501(a), the base right.
"Such reasonable allowance out of the estate as is necessary for the maintenance of the family." This is W.S. 2-7-502, the extra allowance when what was set apart falls short.
"According to their circumstances." Also 2-7-502. The measure is this family's living costs, not a statewide schedule.

So the amount comes from evidence. A spouse or guardian asking for an allowance can show the court the household's monthly costs, the children's needs, what the spouse already receives as exempt property and homestead, and how much the estate holds. Title 2 gives the personal representative no dollar amount to pay on its own authority: the allowance is "allowed by the court" in every case.

How Long the Allowance Lasts

The allowance covers the family "during the settlement of the estate" under W.S. 2-7-502. Wyoming does not add a separate one-year cap to the allowance itself. The time limit comes from the length of administration: W.S. 2-7-801(c) says each estate shall be completed within one year from the appointment of the personal representative, unless the personal representative files a verified report showing good cause and the court approves a continuance.

The start date is flexible. W.S. 2-7-503 says any allowance, "whenever made, may in the discretion of the court take effect from the death of the decedent". A family that files a few weeks after letters issue can still ask the court to cover the period since the death.

What the Family Keeps Before Any Order

Before a court sets any money, W.S. 2-7-501(a) protects the household in place. The spouse or minor children may remain in possession of:

the homestead,
all wearing apparel of the family, and
all household furniture of the decedent,

until letters are granted and the inventory is returned. The personal representative has 120 days after appointment to return that inventory under W.S. 2-7-403(a), which the guide to Wyoming executor duties walks through. After that, the homestead itself passes to the spouse or minor children under 2-7-501(b), up to the $30,000 probate figure in 2-7-508. The Wyoming exempt property guide covers how the court sets that property over.

Where the Allowance Ranks Against Creditors

W.S. 2-7-503 puts allowances "in preference to all other charges except funeral expenses and cost of administration." When the estate cannot pay everyone in full, W.S. 2-7-701(a) turns that into a ranked list the personal representative must follow:

Class	Debt or charge under W.S. 2-7-701(a)
1	Court costs
2	Other costs of administration
3	Reasonable funeral and burial expenses
4	Allowances payable under W.S. 2-7-503 and 2-7-504
5	Debts and taxes with preference under federal law
6	Medical and hospital expenses of the last illness
7	Taxes with preference under Wyoming law
8	Wages owed to employees for labor in the 90 days before death
9	Claims allowed under W.S. 2-7-707
10	All other allowed claims

W.S. 2-7-702 pays each class in that order, and a class the estate cannot fully cover is paid pro rata. In a short estate, the family allowance can take most of what is left after the first three classes, and credit cards, personal loans and other general claims in class 10 wait behind it.

One limit protects secured lenders. The last sentence of 2-7-503 says the section "shall not be construed so as to invalidate any mortgage or lien of record against decedent's property." A mortgage on the house or a recorded lien on a vehicle stays attached to that property.

Next steps for a personal representative: if the estate may run short, read the claims classes before paying anyone. The order in 2-7-701 applies "in any estate in which the assets are or appear to be insufficient," so a class 10 claim should not be paid ahead of a court-ordered allowance.

Paying the Allowance

The personal representative pays the allowance out of estate funds under the court's order. If the estate lacks cash, W.S. 2-7-202(a) lets the personal representative sell "as much other personal property as may be necessary to pay the allowance made to the family of the decedent" without the usual three weeks of published notice that a public auction otherwise requires.

Article 5 of chapter 7 (W.S. 2-7-501 to 2-7-508) does not set a separate deadline or form for requesting the allowance. The request goes to the district court that granted letters, which under W.S. 2-2-101 has exclusive jurisdiction over "all matters touching the settlement and distribution" of that estate. The clerk of district court can tell you how that court prefers the request filed. Find the court for your county on the Wyoming probate courts page.

The Family Allowance and the Spouse's Other Rights

Three rules in chapter 5 of Title 2 connect the allowance to the rest of a spouse's rights. The Wyoming surviving spouse rights guide covers the full picture.

The allowance survives the elective share. W.S. 2-5-103 says a surviving spouse is entitled to homestead allowance, exempt property and family allowance "whether or not he elects to take an elective share and whether or not he renounces the benefits conferred upon him by the will."

A will can make the spouse choose. The same section carves out one case. If "it clearly appears from the will" that a gift to the spouse is "intended to be in lieu of these rights," the spouse loses the allowance unless the spouse renounces the will's provision. The language has to be clear. A will that simply leaves the spouse a gift does not do it.

The allowance comes off the top of the elective share base. W.S. 2-5-101(a) measures the elective share against the property subject to the will "reduced by funeral and administration expenses, homestead allowance, family allowances and exemption, and enforceable claims." So the family allowance is paid first, and the one-half or one-fourth share is figured on what remains.

The right can be waived. W.S. 2-5-102 lets a spouse waive the family allowance, in whole or in part, before or after marriage, by a signed written contract, agreement or waiver after fair disclosure. A waiver of "all rights" in the other spouse's estate, or a complete property settlement made in anticipation of separation or divorce, waives the family allowance too unless it says otherwise. If a prenuptial or separation agreement exists, read it before asking the court for support.

Common Wyoming Family Allowance Scenarios

A widow with two teenagers and a modest estate. The spouse and children stay in the house with their furniture and clothing under 2-7-501(a). The court sets over the exempt property and the probate homestead under 2-7-504 and 2-7-508. If that leaves the family unable to cover groceries, utilities and school costs while the estate is settled, 2-7-502 lets the court order a monthly allowance, which 2-7-503 lets run from the date of death.

A spouse whose will gift says it replaces statutory rights. Under 2-5-103, the spouse must renounce that gift to claim the allowance. Compare what the will gives with what the allowance, exempt property and elective share would give together before deciding.

An estate with more debt than assets. Court costs, administration costs, and funeral and burial expenses come first. The allowance ranks fourth under 2-7-701(a)(iv), ahead of last-illness bills, state taxes and general creditors, so the family may receive support even when unsecured creditors receive little or nothing.

Frequently Asked Questions

How much is the Wyoming family allowance?

Wyoming sets no dollar figure. W.S. 2-7-501(a) gives the spouse or minor children a reasonable provision for their support, to be allowed by the court. If what the court sets apart is not enough, W.S. 2-7-502 has the court make a reasonable allowance out of the estate as necessary for the maintenance of the family according to their circumstances during the settlement of the estate. The district court handling the probate picks the amount from the family's needs and the size of the estate.

Who can receive a family allowance in Wyoming?

The surviving spouse and the decedent's minor children. W.S. 2-7-501(a) names a person who dies leaving a spouse or minor children, and W.S. 2-7-502 speaks of the widow and children, or either. Neither section names adult children or other relatives the decedent was supporting.

Is the family allowance paid before creditors in Wyoming?

Yes, with two exceptions. W.S. 2-7-503 says allowances are paid in preference to all other charges except funeral expenses and the cost of administration. When an estate cannot pay everyone, W.S. 2-7-701(a) ranks allowances under 2-7-503 and 2-7-504 fourth, after court costs, other costs of administration, and reasonable funeral and burial expenses, and ahead of federal priority debts, last-illness bills, state taxes, wages and all other claims.

Can the family allowance start from the date of death?

Yes, if the court chooses. W.S. 2-7-503 says any allowance, whenever made, may in the discretion of the court take effect from the death of the decedent. So a family that asks weeks into the case can still be supported for the time before the order.

Does the family allowance cancel a mortgage on the house?

No. The last sentence of W.S. 2-7-503 says the section shall not be construed to invalidate any mortgage or lien of record against the decedent's property. The allowance jumps ahead of unsecured claims, and a recorded lien keeps its hold on the property it secures.

Does a Wyoming spouse lose the family allowance by taking the elective share?

No. W.S. 2-5-103 says a surviving spouse is entitled to homestead allowance, exempt property and family allowance whether or not the spouse elects to take an elective share and whether or not the spouse renounces the will. The one exception: if it clearly appears from the will that its provision for the spouse is meant to be in lieu of these rights, the spouse must renounce the will to keep them. A spouse can also give the allowance up in advance by a signed written waiver after fair disclosure under W.S. 2-5-102.

Sources:

Title: W.S. 2-7-501, Right to homestead and support; "homestead" defined. Publisher: Wyoming State Legislature, Wyoming Statutes Title 2. Publication Date: Not listed. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-7-502, Extra allowance for maintenance of family. Publisher: Wyoming State Legislature, Wyoming Statutes Title 2. Publication Date: Not listed. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-7-503, Preference and payment of allowances; exceptions. Publisher: Wyoming State Legislature, Wyoming Statutes Title 2. Publication Date: Not listed. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-7-504, Absolute property of surviving spouse and minor children; exceptions; renouncement of will of no effect. Publisher: Wyoming State Legislature, Wyoming Statutes Title 2. Publication Date: Not listed. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-7-508, Amount of homestead exemption. Publisher: Wyoming State Legislature, Wyoming Statutes Title 2. Publication Date: Not listed. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-7-701, Debts and charges; classification. Publisher: Wyoming State Legislature, Wyoming Statutes Title 2. Publication Date: Not listed. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-7-702, Debts and charges; order of payment. Publisher: Wyoming State Legislature, Wyoming Statutes Title 2. Publication Date: Not listed. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-7-202, Public auction of real or personal property; contents. Publisher: Wyoming State Legislature, Wyoming Statutes Title 2. Publication Date: Not listed. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-7-403, Return of inventory of estate by representative; failure to comply; disposition of fines. Publisher: Wyoming State Legislature, Wyoming Statutes Title 2. Publication Date: Not listed. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-7-801, Declaration of policy; clerk to maintain calendar; administration to be completed within one year; exception. Publisher: Wyoming State Legislature, Wyoming Statutes Title 2. Publication Date: Not listed. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-5-101, Elective share of property. Publisher: Wyoming State Legislature, Wyoming Statutes Title 2. Publication Date: Not listed. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-5-102, Waiver of right of election and homestead allowance. Publisher: Wyoming State Legislature, Wyoming Statutes Title 2. Publication Date: Not listed. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-5-103, Homestead allowance, exempt property and family allowance; exception. Publisher: Wyoming State Legislature, Wyoming Statutes Title 2. Publication Date: Not listed. URL: https://wyoleg.gov/statutes/compress/title02.pdf
Title: W.S. 2-2-101, Exclusive jurisdiction conferred on district courts. Publisher: Wyoming State Legislature, Wyoming Statutes Title 2. Publication Date: Not listed. URL: https://wyoleg.gov/statutes/compress/title02.pdf

It is not legal advice.