Affidavit of Surviving Joint Tenant Title-Clearance Requirements in Wyoming

At a glance

Requirements one by one

The nonjudicial affidavit

Wyoming Statutes § 2-9-102 covers a life estate that ends at death, an estate by the entireties, a joint estate, and an estate in joint tenancy. Section 34-1-140 separately recognizes joint tenancy and tenancy by the entirety and presumes an entirety when a deed uses “husband and wife,” “spouses,” or similar language unless it specifies another ownership form.

Any person interested in the affected property or its title may use the nonjudicial route. The affidavit must:

• describe the property;
• state the name of the person appearing by the record as the owner when the affidavit is recorded;
• identify the instrument under which the estate vested;
• give the instrument's recording data if it was recorded; and
• certify under oath that the decedent is the person named in the vesting instrument and that the death terminated the decedent's prior estate.

A copy of the official death certificate must be attached. The public authority that holds the original death record must certify the copy.

Oath, knowledge, and recording

Section 2-9-103 requires the affidavit to be signed and sworn. The broader title-affidavit rule in § 34-11-101(a) permits a person with knowledge of the facts who is competent to testify about them to record the affidavit. If the affidavit contains a jurat, that section says a separate acknowledgment certificate is not required. Neither provision requires a subscribing witness.

Record the affidavit with the county clerk in the county where the property is situated. The statutes set no number of days, months, or years after death. They also name no survivorship-specific tax return or ownership-report companion.

The independent court route

Section 2-9-101 offers a judicial alternative. Any interested person files a verified petition in the district court for the county where the property lies. After two weeks' newspaper notice, or other notice the court orders, the court hears the petition and evidence. If the court finds the estate was created and the death produced the stated termination or survivorship, it enters a decree. A certified copy is then recorded with the county clerk.

What trips people up

The affiant need not be the survivor. The specific statute uses “any person interested in the affected property or the title thereto.” Do not narrow that class to a surviving joint tenant or spouse.

The death record is mandatory. The certified official copy is an attachment to the affidavit, not merely an optional title-company request.

Prima-facie evidence is not conclusive title. Under § 2-9-103, a compliant affidavit is prima-facie evidence that its recited facts are true. It does not say the affidavit guarantees marketable or insured title or resolves a dispute.

The court and affidavit routes are independent. Section 2-9-103 expressly says the permissive nonjudicial procedure neither affects nor is affected by the § 2-9-101 proceeding.

Common questions

Must the affidavit identify the old deed? Yes. It must identify the vesting instrument and give appropriate recording references if that instrument was recorded.

Is a notarial acknowledgment required? The affidavit must be signed and sworn. Under § 34-11-101(a), a jurat removes the need for a separate acknowledgment certificate.

Is there a filing deadline after death? The affidavit and decree provisions state no post-death filing clock.

Statutes and sources

• Wyo. Stat. Ann. § 34-1-140 — creation of joint tenancy or tenancy by the entirety and the spousal-deed presumption. https://wyoleg.gov/statutes/compress/title34.pdf (accessed 2026-08-03).
• Wyo. Stat. Ann. §§ 2-9-101 to -103 — court decree, nonjudicial affidavit, required contents and certified death-record attachment, and evidentiary effects. https://wyoleg.gov/statutes/compress/title02.pdf (accessed 2026-08-03).
• Wyo. Stat. Ann. § 34-11-101 — general knowledge, jurat, acknowledgment, covered-fact, land-description, record-owner, and prima-facie rules for title affidavits. https://wyoleg.gov/statutes/compress/title34.pdf (accessed 2026-08-03).