Re-recording or Updating a Joint Survivorship Deed After Co-Owners Died — Wyoming

Short answer: In Wyoming you usually establish the change in ownership after co-owners die by locating the recorded deed, getting certified death certificates, and recording an appropriate affidavit (often called an “Affidavit of Death of Joint Tenant” or similar) or a new deed from a personal representative if the property passed through a probate estate. If ownership is unclear or multiple owners died, you may need to open a probate or file a court action. This article explains the usual steps, what documents you’ll need, and when to consult an attorney or title company.

Detailed answer — Step-by-step process under Wyoming law

Note: This is general information about typical steps in Wyoming. The exact process depends on the deed language, whether the deed created a right of survivorship, whether any joint owners survive, and whether the property is encumbered or in dispute.

1. 1. Find and read the recorded deed

   Start by obtaining a copy of the deed that created the joint ownership. The deed will determine whether owners held title as joint tenants with right of survivorship or as tenants in common. If the deed explicitly states a right of survivorship or words like “with right of survivorship,” the property usually passes automatically to surviving joint tenant(s) on death and does not go through probate.

2. 2. Obtain certified copies of death certificates

   If a co-owner died, secure a certified copy of that person’s death certificate from the state or county vital records office. Recorders typically require a certified death certificate or a certified copy of a death certificate in order to accept an affidavit or other proof of death for recording.

3. 3. Determine who holds title now

   If the deed established survivorship and at least one surviving joint tenant remains, title usually vested automatically in the survivor(s) at death. If all named joint tenants have died, or the deed did not create survivorship, the property may pass under the deceased owner’s will or by intestate succession and may require probate.

4. 4. Prepare the correct document to record

   Common recording options in Wyoming include:

   • Affidavit of Death of Joint Tenant / Survivorship Affidavit: If the deed created survivorship and a surviving joint tenant wants the public record updated, an affidavit signed by the surviving owner(s) and supported by a certified death certificate(s) can often be recorded to show the change in ownership.
   • New deed from surviving owner(s): Surviving owner(s) may choose to execute and record a new deed (for example, a quitclaim or warranty deed) that removes the deceased owner’s name or reconveys title to newly desired owners.
   • Personal representative’s (executor/administrator) deed: If the deceased owner’s interest passed to an estate via probate, the personal representative will need to execute a deed to transfer title out of the estate according to the will or court order.
   • Court order or probate documents: If there is ambiguity or multiple heirs, a probate court order or decree may be required and must be recorded to clear title.

   Which document you need depends on the facts. If the ownership clearly passed by survivorship to a living co-owner, an affidavit plus death certificate is often the simplest way to update county records.

5. 5. Record at the county clerk/recorder

   Record the affidavit, deed, or probate order with the county clerk/recorder where the property lies. Bring the original certified death certificate(s) or certified copies if required. There will be a recording fee and the recorder may require a statutory form or specific wording—check the county recorder’s website or call ahead.

6. 6. Update tax records, mortgage lender, and title insurance

   After recording, notify the county assessor/treasurer to update property tax and billing records. If the property has a mortgage, notify the lender. If you need to sell or refinance, contact a title company to obtain a title commitment and an owner’s title policy if desired.

7. 7. When probate or a court action is necessary

   Probate is typically necessary if:

   • The deed did not create survivorship and the deceased owner’s interest passed to heirs or to the estate.
   • All joint owners are deceased and title cannot be vested in a survivor.
   • There is a dispute among heirs or claimants about rightful ownership.

   In those situations a personal representative may be appointed and will transfer title via a deed under court supervision.

Documents you will typically need

• Copy of the recorded deed creating joint ownership.
• Certified copy of the deceased owner’s death certificate(s).
• Affidavit of Death of Joint Tenant or other sworn statement (signed and notarized).
• If applicable, the personal representative’s deed and letters testamentary/letters of administration from probate court.
• Photo ID for the person recording documents and payment for recording fees.

Relevant Wyoming statutes and resources

Wyoming law addresses conveyancing, recording, and probate matters across several statutes. For an overview of statutes concerning conveyances and recording, see Wyoming Statutes, Title 34 (Real and Personal Property / Conveyances): https://wyoleg.gov/Statutes/Title34. For probate and administration rules that apply when property interests pass through an estate, consult Wyoming’s probate statutes under Title 2: https://wyoleg.gov/Statutes/Title2.

Also check your county recorder/clerk website for local recording forms, fee schedules, and requirements—county recorders enforce the local recording procedures used to update land records.

Common problems and how to avoid them

• If the deed language is ambiguous about survivorship, don’t assume. Have the deed reviewed by a title company or attorney before recording anything.
• If multiple owners died around the same time, survivorship may be disputed—get legal help early.
• Recording incorrect documents can create clouds on title. Use a title company or attorney to clear title before sale or refinance.
• Remember mortgages and liens remain on property until satisfied—survivorship does not eliminate liens. Notify lenders about a death but get guidance before signing anything that could affect lender rights.

Helpful timeline (typical)

1. Day 1–7: Obtain death certificate and copy of recorded deed.
2. Day 7–14: Prepare affidavit or new deed and have it notarized.
3. Day 14–21: Record document at county recorder and pay fees.
4. Day 21–45: Update tax records and notify mortgage/title companies; order an updated title report if needed.

Helpful Hints

• Contact the county recorder’s office first to confirm acceptable forms and fees before drafting documents.
• Get certified death certificates—copies marked “certified” are generally required for recording.
• If you plan to sell or refinance soon, get a title search now to find any clouds on title or liens that must be cleared.
• When in doubt about deed language, survivorship, or competing claims, consult a Wyoming real estate attorney or title company—especially if probate might be needed.
• Keep originals and recorded copies in a safe place and provide copies to any co-owners, heirs, or mortgage lenders as appropriate.

This information is educational and does not constitute legal advice. For an assessment specific to your situation, consult a licensed attorney in Wyoming or a qualified title professional.