Transfer-on-Death Deed Requirements in Wyoming

Short answer Yes. Wyoming's Nontestamentary Transfer of Real Property on Death Act lets an owner sign and acknowledge a deed that expressly says it takes effect at death, then record it with the county clerk before death. No witnesses or beneficiary signature are required; the deed stays revocable, but the beneficiary takes subject to existing interests and Wyoming may place a Medicaid-recovery lien on the property.

State

Wyoming

Statute checked

July 12, 2026

Sources

6 statutes

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At a glance

Governing law	Wyoming Nontestamentary Transfer of Real Property on Death Act, Wyo. Stat. §§ 2-18-101 to -106 — a Wyoming-specific scheme, not URPTODA
TOD deed available?	Yes. A deed that expressly states it is effective at the owner's death transfers the owner's real-property interest to the named grantee beneficiary at death (§ 2-18-103(a), (o))
How to sign it	Owner signs an instrument that expressly makes the transfer effective at death and acknowledges it before a notarial officer; no witnesses required. Beneficiary signature, consent, agreement, or notice is unnecessary (§§ 2-18-103(a), (k), (m), 2-18-104; §§ 34-1-106, -113)
Recording requirement	Must be executed and recorded before the owner—or last surviving owner—dies, with the county clerk where the real property is located; no signing-based outer deadline (§ 2-18-103(e))
Revoking it	Owner may revoke by executing and recording a revocation before death; the last recorded TOD deed for the property controls. A will does not revoke it (§§ 2-18-103(f), (h), (m), 2-18-105)
Eligible property & owner	Any owner may transfer an interest in Wyoming real property, including to the trustee of a revocable trust. Multiple grantees and valid tenancy forms are allowed; joint-tenancy survivorship prevails unless the last surviving owner executed the deed (§ 2-18-103(a)-(e))
Beneficiary survival & effect	Deed may name a successor and must state the vesting condition. For a predeceased grantee, the deed chooses either voiding that gift or sending it to the grantee's estate. At death the grantee takes subject to conveyances, mortgages, liens, and other interests (§§ 2-18-103(a)-(d), 2-18-104)
Creditor & Medicaid reach	Beneficiary takes subject to existing conveyances, mortgages, liens, and other interests. For qualifying medical assistance, the Department of Health may lien TOD property for the recoverable amount, even if no clearance request or death affidavit is filed (§ 2-18-103(a), (g), (n); § 42-4-207(k))

Wyoming allows a transfer-on-death deed under its Nontestamentary Transfer of Real Property on Death Act, Wyo. Stat. §§ 2-18-101 to -106. It is Wyoming's own statute, not the Uniform Real Property Transfer on Death Act. You keep title during life; the named grantee beneficiary receives your interest only at death.

Requirements one by one

Signing and acknowledgment

Under §§ 2-18-103(a), (m) and 2-18-104, the owner signs a deed that expressly says the transfer is effective at death. The statutory form includes an acknowledgment, and §§ 34-1-106 and 34-1-113 require a land conveyance to be executed and acknowledged before a notarial officer. Neither the TOD Act nor those recording provisions require witnesses.

The beneficiary does not sign. § 2-18-103(k) says the beneficiary's signature, consent, agreement, and notice are unnecessary during the owner's life.

Recording before death

The deed is valid only if it is executed and recorded with the county clerk where the real property is located before the owner—or the last surviving owner—dies (§ 2-18-103(e)). Wyoming sets no separate deadline measured from signing.

Revocation

The connected rules in § 2-18-103(d)-(m) cover joint owners, recording, revocation, Medicaid, competing deeds, beneficiary consent, and wills. Under § 2-18-103(f), the owner may revoke at any time, but the revocation must itself be executed and recorded in the correct county before that owner dies. If several TOD deeds cover the same property, the last one recorded before death controls under § 2-18-103(h). A will does not revoke the deed (§ 2-18-103(m)).

Beneficiaries, co-owners, and a beneficiary who dies first

Wyoming permits multiple grantees in any tenancy valid under state law and lets the deed name a successor grantee with a stated vesting condition (§ 2-18-103(b)-(c)). The statutory form in § 2-18-104 requires the owner to choose what happens if a grantee dies first: that conveyance either becomes void or becomes part of the grantee's estate.

Joint-tenancy survivorship comes first. Under § 2-18-103(d), a deed signed by fewer than all joint tenants works only if one of its signers is the last surviving owner; otherwise the transfer lapses.

Liens and Medicaid recovery

The grantee takes subject to the owner's conveyances, mortgages, deeds of trust, liens, security pledges, and other interests under § 2-18-103(a). Wyoming also directly authorizes the Department of Health to place a Medicaid-recovery lien on TOD property for an amount recoverable from the owner's estate (§ 2-18-103(g)). Under § 42-4-207(k), the Department may file that lien after death even if the grantee never requests a clearance certificate or files the death affidavit.

What trips people up

A will cannot cancel the deed. Record the revocation during life.
The latest recorded TOD deed controls. Section 2-18-103(h) looks to recording order, not merely which document was signed last.
Joint tenancy can defeat the designation. A surviving joint tenant's right comes before the TOD beneficiary unless the last survivor executed the deed.
Medicaid clearance matters to title. Section 2-18-103(n) requires the recorded proof of death to be accompanied by a Department of Health certificate stating that medical- assistance claims are satisfied or do not exist.

Common questions

Can the deed name a trust? Yes. Section 2-18-103(e) expressly permits a transfer to the trustee of a trust, even a revocable trust.

Can I name more than one beneficiary? Yes. Section 2-18-103(b) allows joint tenancy, tenancy in common, or another tenancy valid under Wyoming law; state the intended form.

Does the beneficiary take free of the mortgage? No. Existing mortgages, liens, and other interests remain attached under § 2-18-103(a).

What happens to property insurance at death? Under §§ 2-18-103(o) and 26-23-109, coverage in force carries over to the grantee for up to 60 days. The grantee must notify the insurer and provide a current address within that period, although failure to give notice does not cancel the statutory extension.

Statutes and sources

Wyo. Stat. §§ 2-18-101 to -106 (TOD-deed act) — https://wyoleg.gov/statutes/compress/title02.pdf (accessed 2026-07-12)
Wyo. Stat. §§ 34-1-106, 34-1-113, 34-1-118; 34-11-101 (acknowledgment, recording, and title affidavit) — https://wyoleg.gov/statutes/compress/title34.pdf (accessed 2026-07-12)
Wyo. Stat. §§ 42-4-206 to -207 (Medicaid estate recovery and liens) — https://wyoleg.gov/statutes/compress/title42.pdf (accessed 2026-07-12)
Wyo. Stat. § 26-23-109 (60-day insurance extension) — https://wyoleg.gov/statutes/compress/title26.pdf (accessed 2026-07-12)

Source links

Every statute quoted above, linked, with the date we checked it.

Wyo. Stat. §§ 2-18-101 to -103 · accessed 2026-07-12

Wyo. Stat. § 2-18-103(d)-(m) · accessed 2026-07-12

Wyo. Stat. § 2-18-103(g), (n)-(o); §§ 2-18-104 to -106 · accessed 2026-07-12

Wyo. Stat. §§ 34-1-106, 34-1-113, 34-1-118 · accessed 2026-07-12

Wyo. Stat. § 42-4-207(k); § 42-4-206(g) · accessed 2026-07-12

Wyo. Stat. §§ 2-18-103(o), 26-23-109 · accessed 2026-07-12

This page is general legal information about Wyoming's rules for a transfer-on-death deed for REAL PROPERTY under state law — not legal advice about your estate, your taxes, your Medicaid eligibility, or your specific property. It covers whether Wyoming allows such a deed and how to sign and record one; it does not cover payable-on-death bank or investment accounts, vehicle titles, or securities, the probate or tax consequences of the transfer, or the full post-death title process. Whether a TOD deed is the right tool — and whether it defeats a spouse's rights, a co-owner's survivorship, a Medicaid estate-recovery claim, or a mortgage's due-on-sale clause — turns on facts this page cannot resolve. Verified against the official statute text on the date shown; confirm current law or consult a licensed Wyoming attorney before relying on it.

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