Wyoming: Affidavit of Surviving Joint Tenant Title-Clearance Requirements

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).