Wyoming gift deed
Here is what Wyoming actually requires on a gift deed. The witness rules, the notary block, the margins, the forms that have to travel with it, and where to record it, plus what the deed does and does not do.
- Recording office
- County Clerk
- Witnesses
- Notary only
- Transfer tax
- None
- First-page margin
- 3″ top
- Recording fee
- $12 first page
- E-recording
- Approved submitters
What a gift deed does in Wyoming
A gift deed transfers property with no money changing hands, and it says so on its face. Stating the donative intent matters: it can support a transfer-tax exemption in states that tax transfers and it documents that the recipient paid nothing, which is exactly what a recorder, an assessor, and later the IRS will want to see. Mechanically it operates like a quitclaim. Immediate, and without title warranties.
A gift deed operates like a quitclaim deed but states that the transfer is a gift. Wyoming Statutes Title 39 (Taxation and Revenue) has no transfer tax. The Statement of Consideration still goes with the deed, but for a gift you may leave out the price and terms of sale (Wyo. Stat. § 34-1-142(c)).
The Wyoming law behind this deed
Wyoming has no section written specifically for gift deeds. The instrument runs on the general conveyancing and recording statutes below, which is why the requirements here look like those for any other deed in the state.
| What it governs | Citation |
|---|---|
| Execution and acknowledgment of deeds | Wyo. Stat. §§ 34-1-106, 34-1-113 |
| Recording with the County Clerk | Wyo. Stat. §§ 34-1-118, 34-1-119, 18-3-402 |
| Unrecorded deeds and later buyers | Wyo. Stat. § 34-1-120 |
| Homestead and spousal consent | Wyo. Stat. § 34-2-121 |
Less common in Wyoming
Gift deeds are valid here but used less often than in other states. Read the limitations below carefully before choosing one.
When Wyoming property owners use a gift deed
- Give a house or land to a child or grandchild
- Transfer property to a sibling or parent for no payment
- Record that a transfer is a gift, for tax and title records
- Make a charitable gift of real estate
What Wyoming requires on the deed
These are the execution and formatting rules county clerks enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What Wyoming says |
|---|---|
| Recording office | County Clerk |
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. Signing in front of the notary is the safest practice. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | Include a 'when recorded, return to' block so the original comes back to you. Deedly always prints one. |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch clear space at the top of page one, 1-inch margins elsewhere, nothing under 12pt. This is the profile Deedly applies. |
| Accompanying form | Statement of Consideration (Wyo. Stat. § 34-1-142): a confidential form the grantee signs under oath and hands to the County Clerk with the deed |
In Wyoming your spouse must sign a deed of your home
In Wyoming the home an owner and family live in is a homestead without any filing (Wyo. Stat. §§ 1-20-101, 1-20-102). A deed of it must release homestead rights and be signed and acknowledged by the owner and the owner's spouse, even a spouse who is not on the title (Wyo. Stat. § 34-2-121). This does not apply when one spouse deeds the property directly to the other.
How to complete and record it in Wyoming
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the County Clerk can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with the wording, notary certificate, and 3-inch first-page margin used for Wyoming deeds.
- Sign in front of a notaryBring photo ID. Wait to sign until you are in front of the notary: you have to appear before the notary anyway, and signing there leaves no question about who signed.
- Have the grantee sign the Statement of ConsiderationThe County Clerk will not record a deed that transfers title without a Statement of Consideration, which the grantee (the person receiving the property) or the grantee's agent signs under oath. It goes to the clerk with the deed, and the clerk passes it to the county assessor. It is confidential and never becomes public record (Wyo. Stat. §§ 34-1-142, 34-1-143). For a gift, a transfer between spouses or between parent and child for a nominal amount, or a correction deed, you may leave out the price and terms, but the form still goes with the deed (§ 34-1-142(c)). Your filing packet explains what the form asks for.
- Record it with the County ClerkFile in the county where the property is located and pay the recording fee. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies. Keep the stamped receipt. It fixes your priority date.
- Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.
What it costs in Wyoming
| Cost | Typical amount |
|---|---|
| Recording fee | $12 for the first page and $3 per additional page |
| Transfer tax | None in this state |
| Notary | A Wyoming notary may charge up to $10 per notarial act, or up to $10 for each signer when more than one person signs the same document, plus a travel or remote-technology fee only if you agree to it in advance (Wyo. Stat. § 32-3-126(b)). |
| Deedly | $29, one time (launch price, regular $39) |
| Attorney (for comparison) | $150–$700 for the same statutory document |
Wyoming imposes no state real estate transfer tax, so the recording fee is normally your only cost beyond notarization.
Where to record it in Wyoming
Wyoming deeds are recorded with the County Clerk in the county where the property sits, not where you live. There are 23 counties in Wyoming.
Many Wyoming recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN. E-recording is generally open only to approved submitters such as title companies, attorneys, and lenders, so if you prepared the deed yourself, plan to record in person or by mail. Some offices accept filings from the public through those vendors; your county's website will say.
Recording offices we cover in Wyoming: Laramie, Natrona, Campbell, Sweetwater, Fremont, Albany. See all Wyoming recording offices.
What a gift deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- The recipient takes your original cost basis, not the current market value. A later sale can produce a large capital-gains bill that inheriting the property would have avoided.
- A gift over the annual exclusion requires you to file IRS Form 709, even if no tax is due.
- It is irrevocable once delivered and recorded. You can't take the property back if the relationship changes.
- Gifting a property within Medicaid's look-back period can create a penalty period for long-term-care eligibility.
Quirks of Wyoming law that catch people out
- Wyoming Statutes Title 39 (Taxation and Revenue) has no real estate transfer tax.
- The County Clerk will not record a deed that transfers title unless it comes with a Statement of Consideration, a form the grantee (the person receiving the property) or the grantee's agent signs under oath. The clerk passes it to the county assessor. It is confidential and never becomes public record (Wyo. Stat. §§ 34-1-142, 34-1-143).
- A married owner's home is a homestead without any filing. A deed of it must state that it releases homestead rights and be signed and acknowledged by both spouses, even a spouse who is not on the title, unless one spouse deeds it directly to the other (Wyo. Stat. §§ 1-20-102, 34-2-121). Deedly prints the release on every Wyoming deed it prepares.
- Wyoming recognizes transfer on death deeds under its Nontestamentary Transfer of Real Property on Death Act (Wyo. Stat. §§ 2-18-101 to 2-18-106). It is not the uniform act, and its rules differ: its form asks the owner to choose what happens if a beneficiary dies first, and after the owner's death the beneficiaries must record an affidavit with a Department of Health certificate of clearance (Wyo. Stat. §§ 2-18-103(n), 2-18-104).
- Married couples can hold title as tenants by the entirety. A deed that names them as husband and wife or spouses, and does not say otherwise, makes them tenants by the entirety (Wyo. Stat. § 34-1-140).
How to hold title in Wyoming
When two or more people take title in Wyoming and the deed says nothing more, they are tenants in common, with no automatic survivorship. The exception is a married couple: a deed that names them as husband and wife or spouses, and does not say otherwise, makes them tenants by the entirety (Wyo. Stat. § 34-1-140(b)). If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in Wyoming: tenancy by the entirety (married couples only), joint tenancy with right of survivorship, and tenancy in common.
$29, one time. Your finished deed appears in full before you pay, with Wyoming's witness rules, margins, and recording instructions already applied.
Common questions
No. Wyoming has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the County Clerk. Deedly produces all of that for $29, versus roughly $150–$700 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect $12 for the first page and $3 per additional page. Wyoming has no state real estate transfer tax, so the recording fee is normally the whole cost. Set by state law for every Wyoming county: $12 for the first page and $3 for each additional page (Wyo. Stat. § 18-3-402(a)(xvi)). A deed with more than five grantors and grantees of different surnames costs $1 more for each extra name.
No. Wyoming requires only that the grantor's signature be acknowledged before a notary public. Forms that show witness lines are usually generic templates borrowed from another state.
With the County Clerk in the county where the property is located, not where you live, and not where the buyer lives. Wyoming has 23 counties. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies.
No, and this is the single most common misunderstanding about deeds. A deed changes who owns the property. The mortgage is a separate contract with the lender, and only a refinance or a written release from the lender removes a borrower. Someone can be off the deed and still fully liable on the loan.
Often, yes. In Wyoming the home an owner and family live in is a homestead without any filing (Wyo. Stat. §§ 1-20-101, 1-20-102). A deed of it must release homestead rights and be signed and acknowledged by the owner and the owner's spouse, even a spouse who is not on the title (Wyo. Stat. § 34-2-121). This does not apply when one spouse deeds the property directly to the other. That surprises people, because the spouse is not becoming an owner. They are releasing rights the law gives them automatically. Deedly adds a joinder block for the signature when it applies.
Keep reading
- Wyoming quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Wyoming general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Wyoming special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- Wyoming transfer-on-death deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- All deed rules for WyomingRecording offices, transfer tax, witness rules, and fees.
- Wyoming recording officesWhere to file in each county.
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.