Affidavit of Surviving Joint Tenant - Wyoming

AFFIDAVIT OF SURVIVING JOINT TENANT

State of Wyoming — Affidavit of Survivorship (Wyo. Stat. Ann. § 2-9-102)

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENT INFORMATION

Affiant (Surviving Joint Tenant): _____________________________________________

Decedent (for indexing): _____________________________________________

AFFIDAVIT OF SURVIVING JOINT TENANT

Pursuant to Wyo. Stat. Ann. § 2-9-102

STATE OF WYOMING
COUNTY OF _________________

The undersigned affiant, being first duly sworn, deposes and states upon oath as follows:

1. Affiant Identification and Competency

(a) My name is _____________________________________________ ("Affiant"). I am over the age of eighteen (18) years, am competent to make this Affidavit, and have personal knowledge of the facts stated herein. I am a person interested in the affected Property and its title as the surviving joint tenant.

(b) My mailing address is:
_____________________________________________
_____________________________________________

2. Sworn Recitals

(a) Death of Decedent. _____________________________________________ ("Decedent") died on the _____ day of _________________, 20_____, at _________________________ [city/county/state]. A copy of the official death certificate of the Decedent, certified to by the public authority in which the original death certificate is a matter of record, is attached hereto and made a part hereof as required by Wyo. Stat. Ann. § 2-9-102.

(b) Vesting of Title (Vesting Instrument). The Decedent and the Affiant acquired and held title to the real property described in Exhibit A as co-owners under one of the following (check applicable), being the instrument under which the estate was vested:

☐ Joint tenants with right of survivorship, and not as tenants in common (Wyo. Stat. Ann. § 34-1-140), under that certain _________________ [deed/instrument] dated [__/__/____], recorded on [__/__/____] in the Office of the County Clerk of _________________ County, Wyoming, as Reception No. _________________ (or Book _______, Page _______).

☐ Husband and wife as tenants by the entirety (Wyo. Stat. Ann. § 34-1-140(b)), under that certain _________________ [deed/instrument] dated [__/__/____], recorded on [__/__/____] as Reception No. _________________ (or Book _______, Page _______), records of _________________ County, Wyoming.

The Decedent is the party who was named in, and whose death terminated his/her previous estate in the Property under, the vesting instrument described above.

(c) Legal Description and Parcel. The real property affected by this Affidavit ("the Property") is situated in _________________ County, State of Wyoming, and is more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.

Property Address: _____________________________________________

Parcel ID Number: _____________________________________________

(d) Affiant is the Surviving Joint Tenant. The Affiant is the surviving joint tenant (or surviving spouse holding by the entirety) named in the vesting instrument described in paragraph 2(b) and survived the Decedent. Other than the Affiant and the Decedent, there were no other joint tenants under the vesting instrument, except as follows:

☐ None other than the Affiant and the Decedent.
☐ The following additional surviving joint tenant(s): _____________________________________________

(e) Vesting of Title in Survivor. Upon the death of the Decedent and by reason of the right of survivorship, all right, title, and interest of the Decedent in and to the Property terminated and vested in the Affiant (and any other surviving joint tenant(s)) by operation of law, without the necessity of probate or estate administration. The Affiant now holds title to the Property free of any interest of the Decedent.

(f) Estate Tax and Lien Statement. To the best of the Affiant's knowledge and belief: (i) the State of Wyoming imposes no state inheritance or estate tax; (ii) any federal estate-tax obligations applicable to the Decedent's estate have been or will be satisfied and no estate-tax lien encumbers the Property; and (iii) there are no unsatisfied liens or encumbrances against the Property arising by reason of the Decedent's death, except as follows:

☐ None.
☐ As follows: _____________________________________________

3. Statutory Basis

This Affidavit is made pursuant to Wyo. Stat. Ann. § 2-9-102 (affidavit of survivorship) and § 2-9-101 (establishing title in a surviving joint tenant without administration), and confirms the right of survivorship created under Wyo. Stat. Ann. § 34-1-140. Its purpose is to make the Decedent's death a matter of record and to confirm marketable title in the Affiant as surviving joint tenant.

4. Request to Record

The Affiant requests that the County Clerk of _________________ County, Wyoming, record this Affidavit, together with the attached certified copy of the death certificate, in the real property records and index it in the name of the record owner in the same manner as required by Wyo. Stat. Ann. § 2-9-102, to evidence the termination of the Decedent's interest and confirm title in the Affiant.

5. VERIFICATION AND JURAT

_____________________________________________
Signature of Affiant (Surviving Joint Tenant)

_____________________________________________
Printed Name of Affiant

STATE OF WYOMING
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me, a Notary Public in and for said State, personally appeared _____________________________________________, known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the foregoing Affidavit, who, being first duly sworn, on oath stated that the matters set forth in the foregoing Affidavit are true and correct to the best of his/her knowledge and belief, and acknowledged that he/she executed the same.

SUBSCRIBED AND SWORN TO before me, and WITNESS my hand and official seal, the day and year last above written.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

County of _________________, State of Wyoming

Parcel ID Number: _____________________________________________

Being the same property vested in the Decedent and the Affiant by instrument recorded as Reception No. _________________ (or Book _______, Page _______), records of _________________ County, Wyoming.

ATTACHMENT - CERTIFIED DEATH CERTIFICATE

A copy of the official death certificate of the Decedent, certified to by the public authority in which the original death certificate is a matter of record, must be attached to and recorded with this Affidavit as expressly required by Wyo. Stat. Ann. § 2-9-102.

☐ Certified copy of death certificate attached.

WYOMING RECORDING NOTES

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed Wyoming attorney before using this form.