Wyoming Transfer on Death Deed

Introduction

Key Things to Know

1. 1

   In Wyoming a transfer on death deed is a deed you record while alive that names a grantee beneficiary to receive your real property automatically at your death, without probate (Wyo. Stat. 2-18-101 through 2-18-106).

2. 2

   During your life the beneficiary signature, consent, or notice is not required, and you keep full control and can sell, mortgage, or revoke the deed (Wyo. Stat. 2-18-103(k)).

3. 3

   The statute contemplates a deed that is executed, acknowledged, and recorded, and the statutory form includes a notary acknowledgment, so you sign it before a notary; Wyoming does not require witnesses (Wyo. Stat. 2-18-103(m), 2-18-104).

4. 4

   There is no fixed number of days to record, but the deed is valid only if it is executed and recorded in the office of the county clerk where the property is situated before the death of the owner or last surviving owner (Wyo. Stat. 2-18-103(e)). Recording during your life is required for the deed to work.

5. 5

   The deed may name multiple grantees and a successor grantee beneficiary; if a successor is named, the deed must state the condition on which the successor interest would vest (Wyo. Stat. 2-18-103(b), (c)). Wyoming provides a statutory form in 2-18-104.

6. 6

   You revoke the deed by executing and recording a revocation in the county clerk office before your death, and a deed executed, acknowledged, and recorded under the statute is not revoked by a will. If you record more than one deed for the same property, the last one recorded before death controls (Wyo. Stat. 2-18-103(f), (h), (m)).

7. 7

   The grantee beneficiary takes the property subject to all mortgages, liens, and other encumbrances that exist at your death, and the state health department may assert a Medicaid recovery lien against the property (Wyo. Stat. 2-18-103(a), (g)).

Wyoming Requirements for Transfer on Death Deed

• Use the Statutory Deed Form

  A Wyoming transfer on death deed must convey the property to a named grantee beneficiary and expressly state that it is effective on the owner death (Wyo. Stat. 2-18-103). Wyoming provides a statutory form in Wyo. Stat. 2-18-104 that the deed is sufficient if it substantially follows.

• Legal Description and Parcel Number

  The full legal description of the property from the current recorded deed, plus the street address and the parcel number. A street address alone is not enough to record the deed with the county clerk.

• Name the Grantee and a Successor

  The full legal name of the grantee beneficiary who will receive the property at the owner death, and a successor grantee beneficiary if the first does not survive the owner. Wyo. Stat. 2-18-103 allows multiple grantees and a successor grantee beneficiary; if a successor is named, the deed must state the condition on which the successor interest vests.

• Notarize the Signature

  The statute contemplates a deed that is executed, acknowledged, and recorded, and the statutory form includes a notary acknowledgment, so the owner signs before a notary (Wyo. Stat. 2-18-103, 2-18-104). Wyoming does not require witnesses.

• Record With the County Clerk Before Death

  The deed is valid only if it is executed and recorded in the office of the county clerk where the property is situated before the death of the owner or last surviving owner (Wyo. Stat. 2-18-103(e)). Wyoming sets no fixed number of days, so record promptly after signing.

• Latest Recorded Deed Controls

  If the owner executes and records more than one transfer on death deed for the same property, the last deed recorded before the owner death is the effective deed (Wyo. Stat. 2-18-103(h)). Record a corrected deed rather than editing a recorded one.

• Revoke by Recorded Revocation

  The deed may be revoked at any time by executing and recording a revocation in the county clerk office before the death of the owner who revokes it (Wyo. Stat. 2-18-103(f)). A deed executed, acknowledged, and recorded under the statute is not revoked by a will (Wyo. Stat. 2-18-103(m)).

• Property Passes Subject to Liens and Medicaid Recovery

  The grantee beneficiary takes the property subject to all mortgages, liens, and other encumbrances that exist at the owner death, and the state health department may assert a Medicaid recovery lien against the property (Wyo. Stat. 2-18-103(a), (g)).