Automatic Transfer of Real Property at Death

Under Wyoming law, certain real property interests pass outside probate when the owner designates a beneficiary or holds title with survivorship rights. Common methods include:

• Transfer on Death Deed (TOD Deed): Wyo. Stat. § 1-3-105 (link) allows an owner to record a deed naming a beneficiary. Upon the owner’s death, the property transfers automatically once the beneficiary files an affidavit and certified death certificate with the county clerk.
• Joint Tenancy with Right of Survivorship: Property held by two or more people as joint tenants passes directly to the surviving co-owner(s) at death.
• Life Estate with Remainder Interest: The life tenant’s interest ends at death, and the remainder interest vests automatically in the named remainderman.

Why Probate a Will?

A will governs distribution of assets that do not transfer automatically. Probate serves to:

• Validate the Will: Wyo. Stat. § 2-3-101 (link) requires filing a petition to admit the will to probate in district court.
• Appoint a Personal Representative: Wyo. Stat. § 2-3-102 (link) grants authority to gather assets, pay debts, and distribute property according to the will.
• Provide Clear Title: Court confirmation protects heirs and purchasers by certifying lawful transfers.
• Address Creditor Claims: Probate establishes deadlines for creditors to file claims against the estate.

Example: Jane records a TOD deed for her Teton County cabin. At her death, her brother receives the cabin automatically under the TOD deed. Her ranch, not covered by a TOD deed, must pass through probate under her will to transfer to her nephew.

Filing a TOD Deed vs. Starting Probate

For a TOD deed, beneficiaries must file an affidavit and certified death certificate with the county clerk’s office where the property is recorded. To probate a will, file the original will and death certificate in district court, pay filing fees, and notify interested parties.

Summary

Real property may pass automatically through a TOD deed or survivorship interests, but any asset not covered by these methods—including real property left by will—must go through probate. Probate confirms the will, settles debts, and transfers title for the remaining estate.

Helpful Hints

• Search county deed records for TOD deeds before initiating probate.
• Inventory all assets: real estate, bank accounts, investments, personal property.
• File TOD deed affidavits and death certificates promptly to update title records.
• For small estates, consider simplified probate under Wyo. Stat. § 2-3-305 (link).
• Consult a licensed Wyoming attorney for guidance tailored to your situation.