Wyoming · W.S. 2-18-103Wyoming transfer on death deeds: the rules and the clearance certificate after death

A Wyoming deed that conveys an interest in real property to a named grantee beneficiary and expressly states it's effective on the owner's death transfers the interest at death, subject to all conveyances, contracts, mortgages, deeds of trust, liens and other encumbrances the owner made or was subject to, and to interests the beneficiary had notice of (W.S. 2-18-103(a)). It's valid only if executed and recorded with the county clerk where the property is before the owner's death, and it can name a trustee of a trust, even a revocable one (§2-18-103(e)). The owner can revoke it by a revocation recorded before death; if several deeds are recorded, the last one recorded before death controls; and a will can't revoke it (§2-18-103(f), (h), (m)). For joint tenants, it works only if the last surviving owner signed it (§2-18-103(d)). When a TOD deed is recorded, the county clerk sends the Department of Health the grantor, grantee and legal description within 14 days (W.S. 34-1-119(b)), and the Department may assert a lien for recoverable medical assistance (§2-18-103(g)). After the owner dies, proof of death and the transfer is established only by recording an affidavit together with a certificate of clearance from the Department of Health certifying that all medical assistance claims are satisfied or don't exist (§2-18-103(n)). Title vests only on the owner's death (§2-18-103(o)), so the owner can still sell during life.