Deed Transferring Real Property into Living Trust - Wyoming

IMPORTANT — NO TRANSFER TAX, BUT A STATEMENT OF CONSIDERATION IS REQUIRED. Wyoming imposes NO real-estate transfer (excise) tax. However, Wyo. Stat. § 34-1-142 requires a Statement of Consideration (SOC) — a sworn statement by the grantee or agent — to accompany any deed transferring title; the county clerk may not accept the deed for recording until the completed sworn statement is received. For a no-consideration transfer into the grantor's own trust, § 34-1-142(c) allows the presenting party to omit the amount paid, terms, and nonreal-property value, because the transfer is one "the effect of which is to transfer the property to the same party" (subsec. (c)(vi)) and/or "a gift of more than one-half of the actual value" (subsec. (c)(iv)). The SOC is confidential and is used only for sales-price-ratio statistics.

PART I — RECORDING HEADER

This instrument prepared by:
[____________________________________]
[____________________________________]

After recording return to:
[____________________________________]
[____________________________________]

Send subsequent tax statements to:
[____________________________________], Trustee

Grantee mailing address (required for recording — § 34-1-118): [____________________________________]

SPACE ABOVE THIS LINE RESERVED FOR THE COUNTY CLERK

PART II — DEED TO REVOCABLE LIVING TRUST

STATUTORY WARRANTY / QUITCLAIM DEED — TRANSFER TO REVOCABLE LIVING TRUST

State of Wyoming

1. GRANTOR

[GRANTOR FULL LEGAL NAME], ☐ an unmarried person ☐ a married person, whose mailing address is [____________________________________] ("Grantor").

2. GRANTEE / VESTING IN TRUSTEE

[GRANTOR FULL LEGAL NAME], as Trustee of the [TRUST NAME] dated [__/__/____], and any successor trustee then serving under that trust instrument and any amendments to it (the "Trustee"), whose mailing address is [____________________________________].

The Property is conveyed to the Trustee, and to any successor trustee without the necessity of further conveyance, to be held, administered, and distributed under the terms of the [TRUST NAME] dated [__/__/____] (the "Trust") and under the Wyoming Uniform Trust Code, Wyo. Stat. § 4-10-101 et seq.

3. CONSIDERATION

This conveyance is made for estate-planning purposes only, without consideration and with no change in beneficial ownership of the Property. The Grantor is the settlor and a beneficiary of the Trust during the Grantor's lifetime. Any recited consideration is nominal — Ten Dollars ($10.00) and other good and valuable consideration — and this transfer is not a sale; the effect of this deed is to transfer the Property to the same beneficial party.

4. GRANTING CLAUSE

The Grantor, for the consideration stated above, the receipt and sufficiency of which are acknowledged, hereby:

☐ CONVEYS AND WARRANTS (statutory warranty deed — Wyo. Stat. § 34-2-103); or

☐ CONVEYS AND QUITCLAIMS (quitclaim deed — Wyo. Stat. § 34-2-104)

unto the Grantee, as Trustee as aforesaid, and to the Grantee's successors in trust and assigns, all of the Grantor's right, title, and interest in and to the following described real property (the "Property"):

Property commonly known as: [STREET ADDRESS, CITY, WYOMING, ZIP]

County: [____________] County, Wyoming

Legal Description: See Exhibit A attached hereto and incorporated by reference.

TO HAVE AND TO HOLD the Property, together with all improvements, hereditaments, easements, and appurtenances belonging to it, unto the Grantee, as Trustee, and the Grantee's successors in trust and assigns forever.

5. SUBJECT TO

This conveyance is made subject to:

(a) Real property taxes and assessments for the current and subsequent years, not yet due and payable;
(b) Easements, covenants, conditions, restrictions, reservations, and rights-of-way of record;
(c) Applicable zoning, land-use, building, and environmental laws and regulations; and
(d) Any mortgage, deed of trust, or other lien of record, which the Trustee takes subject to but does not assume except as separately agreed in writing.

6. PURPOSE; HOMESTEAD / TAX-EXEMPTION CONTINUITY; TITLE INSURANCE

6.1 Estate-planning purpose. The sole purpose of this conveyance is to fund the Grantor's revocable living trust so that the Property may pass on the Grantor's death under the terms of the Trust without probate administration. The Grantor reserves all rights to amend or revoke the Trust and to direct the Trustee to reconvey the Property to the Grantor at any time.

6.2 Homestead / property-tax exemptions. The parties intend that any homestead protection and any property-tax exemption or relief (including the Wyoming property-tax exemption / relief programs administered by the county Assessor and the Department of Revenue) continue uninterrupted following this conveyance. Because the Grantor remains the beneficial owner and a beneficiary of the Trust, the Grantor should confirm with the county Assessor that exemptions are preserved after re-titling and re-file any required claim.

6.3 Title insurance. Re-titling into a trust can affect an existing owner's title insurance policy. The Grantor should request an endorsement naming the Trustee as an insured, or confirm coverage continuity, with the title insurer before recording.

7. NO TRANSFER TAX; STATEMENT OF CONSIDERATION; GARN-ST GERMAIN RECITALS

7.1 No real-estate transfer tax. Wyoming imposes no real-estate transfer or excise tax on the recording of a deed. No transfer-tax stamps or payment are required for this conveyance.

7.2 Statement of Consideration (Wyo. Stat. § 34-1-142). A Statement of Consideration (SOC), sworn by the grantee or the grantee's agent, must accompany this deed when it is presented to the county clerk; the clerk may not accept the deed for recording until the completed sworn statement is received (§ 34-1-142(b)). Because the effect of this deed is to transfer the Property to the same beneficial party (§ 34-1-142(c)(vi)) and the transfer is a gift of more than one-half of the actual value (§ 34-1-142(c)(iv)), the presenting party may omit the amount paid, terms of sale, and nonreal-property value from the statement, while still disclosing the grantor and grantee, addresses, date of transfer, and legal description. The SOC is confidential and is not a public record (§ 34-1-142(e)); it is used only for county sales-price-ratio statistics, not to adjust the Property's assessed value.

7.3 Limited due-on-sale protection (Garn-St Germain Act). If the Property is residential real property containing fewer than five dwelling units and secures a real property loan, 12 U.S.C. § 1701j-3(d)(8) bars the lender from exercising a due-on-sale clause for a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and that does not transfer occupancy rights. Confirm every element before relying on the exemption. The borrower remains personally liable on any existing note.

8. EXECUTION

IN WITNESS WHEREOF, the Grantor has executed this Deed on [__/__/____].

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[SPOUSE FULL LEGAL NAME], joining to convey/release any marital or homestead interest (if applicable)

9. NOTARY ACKNOWLEDGMENT (Wyoming — Wyo. Stat. § 34-1-113 et seq.)

The foregoing instrument was acknowledged before me this ____ day of ______________, 20____, by [GRANTOR FULL LEGAL NAME] [and [SPOUSE FULL LEGAL NAME]], who is/are known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the foregoing deed, and who acknowledged that he/she/they executed the same as his/her/their free and voluntary act.

WITNESS my hand and official seal.

____________________________________
Notary Public
My commission expires: ______________

(Affix notarial seal/stamp)

10. RECORDING AND TAX-FORM INSTRUCTIONS

1. Where to record. Record the original, signed, and acknowledged deed with the County Clerk of [____________] County, Wyoming — the county where the Property is located (Wyo. Stat. § 34-1-118, § 34-1-119).
2. Grantee address. The clerk will not record until the grantee's mailing address is furnished (Wyo. Stat. § 34-1-118).
3. Statement of Consideration (MANDATORY). Complete and tender the sworn Statement of Consideration (Wyo. Stat. § 34-1-142). The clerk will not accept the deed for recording without it. For this same-party / gift transfer, the price, terms, and nonreal-property value may be omitted (§ 34-1-142(c)). See Section 7.2.
4. No transfer tax. No transfer-tax payment or stamps are required. Pay the per-page recording fee.
5. Update collateral records. After recording, (a) obtain written instructions from the property/casualty insurer on how the owner, Trustee, Trust, and lender should appear on the policy; (b) confirm any property-tax exemption with the county Assessor; (c) provide a recorded copy and, if requested, a certification or affidavit of trust under Wyo. Stat. § 4-10-1014 to the title company; and (d) record the deed before any closing on a sale or refinance.

EXHIBIT A — LEGAL DESCRIPTION

[INSERT THE COMPLETE LEGAL DESCRIPTION EXACTLY AS IT APPEARS ON THE GRANTOR'S CURRENT VESTING DEED — government survey (section, township, range), lot/block/subdivision with plat reference, or metes-and-bounds. Include any parcel/account number. Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• Wyo. Stat. § 34-1-101 / § 34-1-102 — conveyances of land to be by deed in writing.
• Wyo. Stat. § 34-2-103 — statutory warranty deed; covenants implied by "conveys and warrants."
• Wyo. Stat. § 34-2-104 — quitclaim deed; form and effect.
• Wyo. Stat. § 34-1-113 et seq. — acknowledgment of conveyances.
• Wyo. Stat. § 34-1-118 / § 34-1-119 — recording with the county clerk; grantee address required before recording; constructive notice.
• Wyo. Stat. § 34-1-142 — Statement of Consideration required to record; subsec. (c) exemptions (incl. (c)(iv) gift of more than one-half value and (c)(vi) transfer to the same party); subsec. (e) confidentiality.
• Wyo. Stat. § 4-10-101 et seq. — Wyoming Uniform Trust Code; § 4-10-1014 (certification or affidavit of trust): https://wyoleg.gov/statutes/compress/title04.pdf.
• 12 U.S.C. § 1701j-3(d)(8) — qualifying residential inter vivos trust transfer
• Wyoming county clerk / assessor offices — Statement of Consideration forms (e.g., goshencounty.org; sweetwatercountywy.gov).

This document is provided for informational purposes only and does not constitute legal advice. Wyoming has no transfer tax, but tender the Statement of Consideration to record, and consult a licensed Wyoming attorney before executing or recording this deed.