Wyoming Transfer on Death Affidavit

Wyoming Transfer on Death Affidavit Image
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Wyoming's Non-testamentary Transfer of Real Property on Death Act went into effect on July 1, 2013. Find it at Sections 2-18-101-106 of the Wyoming Statutes.

By using transfer on death deeds (TODDs), people who own real estate in Wyoming have access to a flexible tool that allows them to direct what happens to their land after they die, independent from a will, and without the need for probate. As defined at W.S. 2-18-103, a TODD conveys the owner's interest in real property, subject to any debts or obligations in place during the owner's lifetime, to a designated grantee beneficiary. Until the owner dies, though, the beneficiary has absolutely no interest in or rights to the property.

To gain title to the property after the owner's death, beneficiaries must follow the procedure set out at W.S. 2-18-103(n). This involves completing and executing an affidavit of survivorship form, obtaining a certificate of clearance from the Wyoming department of health, and getting an official copy of the deceased owner's death certificate. Record the affidavit and accompanying documentation in the office of the county clerk of the county in which the real property is situated.

The process described above might not be appropriate in every situation. Contact an attorney with specific questions or for complex circumstances.

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

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