Updated December 10, 2023
A Wyoming transfer on death deed is used to arrange a transfer of real property to a designated beneficiary effective upon the owner’s death. It allows the owner and beneficiary to avoid the probate process, which can be complicated and costly. Once recorded, a transfer on death deed can be revoked anytime while the owner is still alive.
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Requirements
- Notary: Required (§ 2-18-104)
- Witnesses: Not required
- Recording: Must be executed and recorded prior to the owner’s death in the office of the county clerk in the county where the property is located. (§ 2-18-103(e))
Legal Description
A legal description of real property provides a precise description of its location using the Public Land Survey System (PLSS), which divides land into townships, ranges, and sections. This information can be found on the property deed or requested at the office of the county clerk in the county where the deed was recorded.
Example
“Lot 2, Block 4, Smith Addition, City of Laramie, Albany County, State of Wyoming, as recorded in Plat Book 4, Page 11, in the Office of the County Clerk.”
Revocation
A transfer on death deed may be revoked at any time by the owner before their death by using a revocation form. It must be executed and recorded at the office of the county clerk local to the property. (§ 2-18-103(f))
If the owner records more than one transfer on death deed for the same property, the most recent one is considered effective. (§ 2-18-103(h))
How to Record
After completing and acknowledging the transfer on death deed, the owner must take it to the office of the county clerk in the county where the property is located. The clerk will provide instructions on how to complete the process. Filing fees vary by county.