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Current as of January 01, 2024 | Updated by FindLaw Staff
(a) Except as provided in the will, shares of the distributees shall abate for the payment of debts and charges, federal and state taxes, legacies and the share of the surviving spouse who elects to take against the will without any preference or priority as between real and personal property, in the following order:
(i) Property not disposed of by the will;
(ii) Property devised to the residuary devisee, except property devised to a surviving spouse who takes under the will;
(iii) Property disposed of by the will but not specifically devised and not devised to the residuary devisee, except property devised to a surviving spouse who takes under the will;
(iv) Property specifically devised, except property devised to a surviving spouse who takes under the will;
(v) Property devised to a surviving spouse who takes under the will.
(b) If the provisions of the will, the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection (a), the shares of distributees shall abate in the manner necessary to give effect to the intention of the testator.
Cite this article: FindLaw.com - Wyoming Statutes Title 2. Wills, Decedents' Estates and Probate Code § 2-7-808. Order of abatement - last updated January 01, 2024 | https://codes.findlaw.com/wy/title-2-wills-decedents-estates-and-probate-code/wy-st-sect-2-7-808/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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