Transfer on death deed in Wyoming

Wyoming at a glance

TOD deed for real estate

Yes

Name in Wyoming law

Transfer on death deed

Law

Wyo. Stat. §§ 2-18-101 to 2-18-106 (Nontestamentary Transfer of Real Property on Death Act)

Notary

Required

Witnesses

None

When to record

Before the death

Where to record

County clerk of the county where the real property is located

After-death document

Affidavit under Wyo. Stat. § 34-11-101 plus a certificate of clearance from the Wyoming Department of Health

Notice to heirs

Not required

Official form

Yes

Your checklist

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Making a valid TOD deed in Wyoming

• What the law does. An owner can record a deed that passes Wyoming real estate to a named grantee beneficiary at death, without probate, and can revoke it before death.
• Signing. The owner signs and the deed is acknowledged (the statutory form ends with an acknowledgment). For joint tenants, the deed works only if the last surviving owner signed it. The statute sets no special capacity rule.
• Recording. The deed is valid only if executed and recorded before the death of the owner (or last surviving owner). No deadline after signing. If more than one TOD deed is recorded, the last one recorded before death controls. The clerk sends the names and legal description to the Department of Health within 14 days.
• Payment, delivery, acceptance. The grantee's signature, consent or notice is not required for any purpose during the owner's life.
• Form. Statutory TOD deed form (§ 2-18-104) and revocation form (§ 2-18-105).

Changing it, and who you can name

• Revoking or changing. Any owner who signed may revoke by executing and recording a revocation with the county clerk before death (statutory form in § 2-18-105); a later recorded TOD deed also controls. A will does not revoke a recorded TOD deed. For joint tenants, a revocation not signed by all is effective only if signed by the last surviving owner.
• Beneficiaries. Named grantee beneficiaries, including the trustee of a (even revocable) trust; multiple grantees may take as joint tenants, tenants in common or another valid tenancy. A successor grantee may be named. The form makes the owner choose whether a predeceased grantee's share becomes void or goes to that grantee's estate.

After the owner dies

• Document. Affidavit under Wyo. Stat. § 34-11-101 plus a certificate of clearance from the Wyoming Department of Health
• Where. County clerk of the county where the property is located
• Steps. Proof of death and transfer is made only by recording an affidavit (identifying the TOD deed by book and page or document number) together with a Department of Health certificate of clearance stating all Medicaid claims are satisfied or do not exist. The owner's property insurance extends to the grantee for up to 60 days after death. The grantee may disclaim.

Debts, Medicaid and the spouse

• Creditors and Medicaid. The grantee takes subject to all mortgages, liens and encumbrances. If the owner received Medicaid, the Department of Health may assert a lien on the property for what it could have recovered from the estate; Wyoming Medicaid says it recovers from property passing by survivorship, living trust or 'other arrangement'. The statute does not otherwise make the grantee liable for the owner's debts. The Department of Health may file that lien when the owner dies, whether or not the grantee has applied for a certificate of clearance or recorded the death affidavit.

Good to know in Wyoming

• Under the 2014 amendment (HB 175, effective July 1, 2014) the affidavit plus clearance certificate is the exclusive way to prove the transfer.
• Rights of a surviving joint tenant prevail over a TOD grantee named by fewer than all joint owners (§ 2-18-103(d)).
• The Wyoming TOD statute does not address surviving-spouse rights.

Official pages

• Wyoming TOD deed form
• Wyoming statute
• No TOD deed or other plan? How Wyoming handles a small estate without probate →

Sources

• Wyo. Stat. Title 2 (Chapter 18, §§ 2-18-101 to -106), official PDF (read October 28, 2026)
• Wyo. Stat. Title 34 (§ 34-11-101 affidavit; § 34-1-119(b) clerk notice), official PDF (read October 28, 2026)
• 2013 HB 201 enrolled (effective July 1, 2013) (read October 28, 2026)
• 2014 HB 175 summary (read October 28, 2026)
• Wyoming Medicaid Estate Recovery brochure (read October 28, 2026)
• Wyo. Stat. Title 42 (§ 42-4-207(k)), official PDF (read October 28, 2026)

Legal information from the official sources above, not legal advice. A TOD deed can affect Medicaid, taxes, creditors and co-owners; for a decision about your own property, ask the county recorder, a legal aid office or a lawyer. How we check: methodology.