Transfer-on-Death Deed

TRANSFER-ON-DEATH DEED

STATE OF WYOMING

TABLE OF CONTENTS

1. Instructions and Important Information
2. Transfer-on-Death Deed Form
3. Acknowledgment
4. Revocation Form
5. Post-Death Recording Requirements
6. Guidance Notes
7. Sources and References

1. INSTRUCTIONS AND IMPORTANT INFORMATION {#1-instructions}

Key Legal Requirements

☐ The deed must expressly state it is effective on the death of the owner (Wyo. Stat. § 2-18-103)
☐ The deed must be executed and acknowledged (notarized)
☐ The deed must be recorded in the Office of the County Clerk in the county where the property is located before the owner's death
☐ The grantee's (beneficiary's) signature, consent, or notice is not required during the owner's lifetime
☐ A TOD deed may name multiple grantees, successor grantees, and/or the trustee of a trust (including a revocable trust)

Important Notices

• This deed is revocable by the owner at any time before death (§ 2-18-104).
• This deed does not transfer any interest to the grantee until the owner's death.
• A TOD deed is not revoked by a will (§ 2-18-104).
• If multiple TOD deeds are recorded for the same property, the last recorded deed before death is effective.
• After death, a recorded affidavit (per Wyo. Stat. § 34-11-101) and a Wyoming Department of Health certificate of clearance are required to vest title in the grantee (§ 2-18-106).
• Surviving joint tenants' rights prevail over TOD grantee beneficiaries.

2. TRANSFER-ON-DEATH DEED FORM {#2-deed-form}

TRANSFER-ON-DEATH DEED

Return After Recording To:
[________________________________]
[________________________________]
[________________________________]

Prepared By:
[________________________________]
[________________________________]

TRANSFER-ON-DEATH DEED
(Effective Upon Death of Owner — Wyo. Stat. §§ 2-18-101 to 2-18-106)

I (We), [OWNER FULL LEGAL NAME(S)] ("Owner(s)"), of [________________________________] (address), County of [________________________________], State of Wyoming, being the owner(s) of the real property described below, hereby make this Transfer-on-Death Deed pursuant to Wyo. Stat. §§ 2-18-101 to 2-18-106.

THIS DEED IS EFFECTIVE UPON THE DEATH OF THE OWNER(S).

Property Description

The real property subject to this Transfer-on-Death Deed is located in the County of [________________________________], State of Wyoming, and is legally described as follows:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

Common Address (if applicable): [________________________________]

Grantee (Beneficiary) Designation

I (We) designate the following grantee(s) to receive the described property, effective upon my (our) death:

Primary Grantee(s):

☐ If a grantee is a trustee: Name of Trust: [________________________________]
Date of Trust: [__/__/____]

Successor Grantee(s) (if any primary grantee does not survive owner):

Ownership Status of Owner(s)

☐ Sole owner
☐ Joint tenants with right of survivorship (surviving joint tenants' rights prevail; TOD deed takes effect only at death of last surviving joint tenant)
☐ Tenants in common (each tenant may execute a separate TOD deed for their interest)

Reservation of Rights

The Owner(s) reserve(s) all rights during his/her/their lifetime, including but not limited to:

• The right to revoke this deed at any time by executing and recording a revocation
• The right to sell, encumber, lease, or otherwise dispose of the property
• The right to exclusive possession, use, and benefit of the property
• The right to execute a subsequent TOD deed (which supersedes this deed if recorded)
• All other rights incident to ownership of the property

This deed does not transfer any present interest to the grantee(s). No consent, notice, delivery, or acceptance by the grantee is required. This deed is not revoked by a will.

Execution

IN WITNESS WHEREOF, the undersigned Owner(s) have executed this Transfer-on-Death Deed on this [____] day of [________________], 20[____].

_________________________________________
[OWNER NAME - Print]
Signature


_________________________________________
[OWNER NAME - Print]
Signature

3. ACKNOWLEDGMENT {#3-acknowledgment}

STATE OF WYOMING
COUNTY OF [________________________________]

On this [____] day of [________________], 20[____], before me, the undersigned notary public, personally appeared [________________________________], 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 within instrument, and acknowledged to me that he/she/they executed the same for the purposes therein contained.

_________________________________________
Notary Public
My Commission Expires: [__/__/____]

[NOTARY SEAL]

4. REVOCATION FORM {#4-revocation}

REVOCATION OF TRANSFER-ON-DEATH DEED

I (We), [OWNER FULL LEGAL NAME(S)], hereby revoke the Transfer-on-Death Deed recorded on [__/__/____], in Book [________________________________], Page [________________________________], Document Number [________________________________], in the Office of the County Clerk of [________________________________] County, Wyoming, which designated [GRANTEE NAME(S)] as grantee(s) of the following real property:

[________________________________]
[________________________________]
[________________________________]

This revocation is made pursuant to Wyo. Stat. § 2-18-104.

Executed this [____] day of [________________], 20[____].

_________________________________________
[OWNER NAME - Print]
Signature

ACKNOWLEDGMENT

STATE OF WYOMING
COUNTY OF [________________________________]

On this [____] day of [________________], 20[____], before me personally appeared [________________________________], known to me to be the person(s) who executed the foregoing instrument, and acknowledged that he/she/they executed the same.

_________________________________________
Notary Public
My Commission Expires: [__/__/____]

[NOTARY SEAL]

5. POST-DEATH RECORDING REQUIREMENTS {#5-post-death}

After the owner's death, the grantee must take the following steps to vest title:

☐ Obtain a certified copy of the owner's death certificate
☐ Request a certificate of clearance from the Wyoming Department of Health
☐ Prepare and execute an affidavit pursuant to Wyo. Stat. § 34-11-101, establishing the death of the owner and the grantee's right to the property
☐ Record the affidavit and the Department of Health certificate of clearance with the County Clerk in the county where the property is located
☐ Record the certified death certificate
☐ Update property tax records with the county assessor
☐ Consult a title company or attorney to confirm clear title

Department of Health Certificate of Clearance

The Wyoming Department of Health may assert a lien for medical assistance (Medicaid) benefits paid on behalf of the deceased owner. The certificate of clearance confirms either:

• No claim is asserted, or
• The amount of the lien that must be satisfied before clear title can be obtained

6. GUIDANCE NOTES {#6-guidance}

Wyoming-Specific Statute

Wyoming's TOD deed statute (Wyo. Stat. §§ 2-18-101 to 2-18-106) is a Wyoming-specific enactment, not the Uniform Real Property Transfer on Death Act. The terminology uses "owner" and "grantee" rather than "transferor" and "beneficiary."

Last Recorded Deed Controls

If multiple TOD deeds are recorded for the same property, the last recorded deed before the owner's death is the effective deed. All prior TOD deeds for that property are superseded.

Trust as Grantee

A TOD deed may designate the trustee of a trust (including a revocable living trust) as the grantee. Include the name and date of the trust instrument.

Joint Tenancy Interaction

If the property is held in joint tenancy, surviving joint tenants' rights prevail over the TOD grantee. The TOD deed takes effect only if the owner who executed the deed is the last surviving joint tenant.

Will Does Not Revoke

A will does not revoke a TOD deed. The only ways to revoke are by (1) executing and recording a revocation instrument, (2) recording a subsequent TOD deed for the same property, or (3) conveying the property by inter vivos deed.

Medicaid/Health Department Liens

The Wyoming Department of Health may file a lien against property transferred by a TOD deed for Medicaid benefits received by the deceased owner. The certificate of clearance requirement ensures this is addressed before title vests.

Tax Implications

• Beneficiaries generally receive a stepped-up basis at the owner's death.
• Wyoming does not impose a state income tax, estate tax, or inheritance tax.
• Consult a tax professional regarding federal estate tax and capital gains implications.

7. SOURCES AND REFERENCES {#7-sources}

• Wyo. Stat. §§ 2-18-101 to 2-18-106 (Nontestamentary Transfer on Death of Real Property)
• Wyo. Stat. § 2-18-103 (TOD Deed Creation and Requirements)
• Wyo. Stat. § 2-18-104 (Revocation)
• Wyo. Stat. § 2-18-105 (Form for Revoking a Transfer on Death Deed)
• Wyo. Stat. § 2-18-106 (Disclaimer)
• Wyo. Stat. § 34-11-101 (Affidavit of Death)

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