Wyoming transfer-on-death deed
A transfer-on-death deed lets you name who inherits your Wyoming property without probate, while you keep full control, including the power to sell or mortgage it without anyone's signature. Here is exactly what Wyoming requires, what it costs, and where to file it.
- 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 transfer-on-death deed does in Wyoming
A transfer-on-death deed (a beneficiary deed in Arizona, Arkansas, Colorado and Missouri) names the person who should receive your real estate when you die. You record it now, but it transfers nothing until death: you keep full ownership, you can sell or mortgage the property, and you can revoke the deed at any time without your beneficiary's consent. When you die, the property passes outside probate. Your beneficiaries then record the documents your state requires to show them as the owners; in a few states that filing has a deadline, or is what completes the transfer.
In Wyoming the governing statute is Wyo. Stat. § 2-18-101 et seq.
The Wyoming law behind this deed
Start with Wyo. Stat. § 2-18-101 et seq. if you want to read the statute's own language. The table below lists the main statutes behind the rules on this page.
| What it governs | Citation |
|---|---|
| Transfer-on-death deeds specifically | Wyo. Stat. § 2-18-101 et seq. |
| 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 |
When Wyoming property owners use a transfer-on-death deed
- Leave a house to your children without probate
- Keep real estate out of a will contest
- Get probate avoidance without paying for a full living trust
- Name a backup beneficiary in case your first choice dies first
- Revoke or change an earlier beneficiary designation
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 | Ask the County Clerk. The Statement of Consideration goes with a deed that transfers title (Wyo. Stat. § 34-1-142), and this deed transfers nothing until death (§ 2-18-103(o)). |
| Timing | Must be recorded before the owner's death. Recording it afterwards has no effect. |
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. Deedly applies this to a transfer on death deed of your home too, because Wyoming's statute says such a deed conveys the property and its form must comply with other applicable law (Wyo. Stat. §§ 2-18-103(a), 2-18-104).
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.
- 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.
- Tell your beneficiaries where it isAfter your death, Wyoming allows only one way to show the transfer: your beneficiaries record with the County Clerk an affidavit of your death that identifies this deed by its book and page or document number, together with a certificate of clearance from the Wyoming Department of Health stating that no Medicaid claim is owed or that any claim has been paid (Wyo. Stat. §§ 2-18-103(n), 34-11-101). A death certificate on its own is not enough.
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 | $49, one time (launch price, regular $69) |
| Attorney (for comparison) | $150–$700 for the same statutory document |
Wyoming Statutes Title 39 (Taxation and Revenue) has no real estate transfer tax. Its Statement of Consideration goes with a deed that transfers title (Wyo. Stat. § 34-1-142), and a transfer on death deed transfers nothing until death (§ 2-18-103(o)), so the law does not clearly call for one when you record this deed. Ask the County Clerk before you go. If the clerk wants one, fill it in and show that nothing is paid for the property.
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 transfer-on-death deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Only 34 states plus DC recognize it. Recording one in a state that does not accept it accomplishes nothing.
- It does not clear the mortgage. Your beneficiary takes the property subject to any loan, lien, or judgment against it.
- It doesn't protect the property from your creditors, and it does not shield it from Medicaid. If you receive Medicaid that Wyoming can recover from your estate, the Wyoming Department of Health may place a lien on this property for what it could have recovered from your estate (Wyo. Stat. § 2-18-103(g)), and the County Clerk sends the Department the names and the legal description on every recorded transfer on death deed within 14 days (§ 34-1-119(b)).
- The beneficiary receives no ownership interest until you die. They cannot be added as a co-owner this way.
- Wyoming's form asks you to choose what happens to a beneficiary's share if the beneficiary dies before you: it becomes void, or it becomes part of that beneficiary's estate. Your deed prints both choices; mark one. You can also name a successor beneficiary (Wyo. Stat. §§ 2-18-103(c), 2-18-104).
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).
$49, 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 $49, 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 Statutes Title 39 (Taxation and Revenue) has no real estate transfer tax. Its Statement of Consideration goes with a deed that transfers title (Wyo. Stat. § 34-1-142), and a transfer on death deed transfers nothing until death (§ 2-18-103(o)), so the law does not clearly call for one when you record this deed. Ask the County Clerk before you go. If the clerk wants one, fill it in and show that nothing is paid for the property. 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.
Yes. Transfer-on-death deeds are revocable during your lifetime. You can record a revocation, record a new one naming different beneficiaries, or simply sell the property. You don't need your beneficiary's permission for any of it.
Yes, for this property. On your death the property passes directly to the people you named, outside probate. After your death, Wyoming allows only one way to show the transfer: your beneficiaries record with the County Clerk an affidavit of your death that identifies this deed by its book and page or document number, together with a certificate of clearance from the Wyoming Department of Health stating that no Medicaid claim is owed or that any claim has been paid (Wyo. Stat. §§ 2-18-103(n), 34-11-101). A death certificate on its own is not enough. It doesn't avoid probate for anything else you own, it doesn't clear the mortgage, and it doesn't protect the property from your creditors.
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 life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- 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.