Wyoming Affidavit of Trust

In a trust relationship, a settlor transfers one or more assets to another (the trustee), who holds and manages them for the benefit of a third (the beneficiary). In a living trust, the settlor indicates the intent to create a trust by executing a document called the trust instrument. This document sets out the trust's provisions and allows the settlor to plan how his assets will be distributed upon his death, without the requirement that his estate go through probate.

In the place of the entire trust document, a trustee in Wyoming may present an affidavit of trust to any person who is not a trust beneficiary. Codified as part of the Uniform Trust Code at Wyo. Stat. Ann. 4-10-1014, the document certifies that a trust exists and that the trustee has the authority to engage in the business at-hand with the recipient on behalf of said trust. Instead of summarizing the entire trust agreement, the affidavit contains only the information relevant to the current transaction, allowing the settlor to maintain the privacy of his/her estate plans (including the identity of trust beneficiaries).

As specified by statute, the affidavit is signed and sworn to before an appropriate official. Other requirements include the name and date of trust; the name of the settlor; the name and address of the current trustee; and a description of the relevant powers of the trustee. In addition, the document identifies any person who holds a power to revoke the trust, if applicable, and, if there are multiple trustees, it stipulates which trustees have signing authority and how many, if fewer than all, are required to act jointly to perform the powers listed. Wyoming also requires the trust's taxpayer identification number.

The form includes the name by which the trust vests title to property, and, when used in transactions pertaining to real property interests, may include a legal description of the subject property held in trust. Further, the trustee certifies that the trust has not been amended, modified, or revoked in a manner that invalidates any of the statements contained within the certificate. Persons dealing with trustees are protected by the provisions of 4-10-1014.

Consult a lawyer with questions regarding affidavits of trust or other issues relating to trust property in Wyoming.

(Wyoming AOT Package includes form, guidelines, and completed example)