Wyoming

Individual Income Tax

Wyoming does not have a state income tax.

Estate

Common Law State

Inheritance Tax

Wyoming does not impose an inheritance tax.

Credit Estate Tax

Wyoming imposes an estate tax (called an "inheritance tax") equal to the maximum credit allowed under the federal tax code for paid state estate and inheritance taxes under IRC Sec. 2011. However, the current federal tax code does not permit a credit for paid state estate or inheritance taxes. Therefore, there is no credit estate tax in effect at this time.

Generation Skipping Transfer Tax (GST Tax)

Wyoming does not impose a GST tax.

Gift Tax

Wyoming does not impose a gift tax.

Will Creation

The minimum age of a person competent to make a will is 18.

The number of witnesses necessary to execute a will is two.

Uniform Transfers to Minors Act (UTMA)

The original custodial gift may be a life insurance policy or annuity contract.

Custodial property may be invested in or used to pay premiums on (1) a policy on the minor's life if the minor's estate is the sole beneficiary, or (2) a policy on a third party in whom the minor has an insurable interest, if the minor or the custodian is the irrevocable beneficiary.

The custodial arrangement terminates when:

 The minor child reaches age 21 for custodial transfers made by irrevocable lifetime gift, will, or trust, or exercise of power of appointment.

 The minor child reaches age of majority (generally speaking, age 18) for other custodial transfers.

 The minor child dies.

Intestacy

The estate goes to the surviving spouse, as follows:

 If there are no children or descendants of any child—100% of the estate

 If there are children or descendants of any children surviving—50% of the estate

If there is no surviving spouse, or if a portion of the estate does not go to the spouse:

 100% to surviving children, and to descendants of deceased children—those collectively taking the share their parents would have taken if living ("collectively" is not defined in the statute)

If there is no surviving spouse, child or descendant:

 100% to parents, siblings and the descendants of deceased siblings, shared equally, with descendants of a deceased sibling taking collectively the sibling's share

If none of the above:

 Intestacy laws outline further distribution steps to the level of grandparents and their descendants. See W.S. §2‐4‐101(c)(iii).

 If no legally described recipient can be found, estate assets go to the state of Wyoming.

Click here for more information on intestacy.

Asset Protection

Non-qualified Annuities: $350 per month of total benefits are protected.

Life Insurance Cash Value: The interest of the beneficiary (not the owner or insured) in the proceeds and avails are exempt from creditors of the owner or insured.

Life Insurance Proceeds: The interest of the beneficiary (not the owner or insured) in the proceeds and avails are exempt from creditors of the owner or insured.

Digital Assets: Wyoming follows the Uniform Fiduciary Access to Digital Assets Act to ensure that testators can retain control of their digital property and plan for its ultimate disposition.

 

 

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