Find the right Wyoming real estate form

Wyoming real estate conveyances are governed primarily by Title 34 of the Wyoming Statutes. A conveyance may be made by written instrument executed and acknowledged by the grantor (Wyo. Stat. § 34-1-102).

Statement of Consideration Requirement

When presenting a deed for recording, Wyoming requires a statement of consideration made under oath by the grantee (Wyo. Stat. § 34-1-142). If the transfer qualifies for an exemption, the applicable exemption number may be stated on the instrument. A non-exempt deed submitted without the required statement will not be accepted for recording, although the validity of the instrument between the parties is not affected by failure to comply.

Form and Scope of Conveyance

“Conveyance” includes every written instrument by which an estate or interest in real property is created, alienated, mortgaged, or assigned (Wyo. Stat. § 34-1-102). When properly executed, a conveyance passes all of the grantor’s estate unless the deed clearly expresses an intent to convey a lesser interest (Wyo. Stat. § 34-2-101).

Warranty deeds and quitclaim deeds are commonly used in Wyoming. The form selected determines the scope of title warranties conveyed.

Execution, Acknowledgment, and Jurats

A deed must be signed and acknowledged before a notarial officer in order to be recorded. Witnesses are not required for recording in Wyoming.

Wyoming distinguishes between an acknowledgment and a jurat. An acknowledgment confirms that the signer executed the instrument. A jurat, by contrast, reflects that the signer swore to the truth of the contents of an affidavit. An affidavit containing a jurat does not require a separate certificate of acknowledgment and may be recorded in the proper county (Wyo. Stat. § 34-11-101).

Recording and Priority

Deeds must be recorded in the office of the county clerk in the county where the land is located. Recording provides constructive notice from the time the instrument is delivered to the county clerk for recording.

Wyoming follows a race-notice recording statute. An unrecorded conveyance is void as against a subsequent purchaser in good faith and for valuable consideration whose instrument is first recorded (Wyo. Stat. § 34-1-120). Priority is determined by the order of delivery to the county clerk.

Because Wyoming requires a sworn statement of consideration for recordation, recognizes affidavits with jurats as recordable instruments, and ties priority to prompt delivery for recording, careful compliance with statutory formalities is essential to ensure that a conveyance is valid and protected.