Detailed Answer
Under Wyoming law, a vehicle belongs to the decedent’s estate if the decedent held legal title at death. Wyoming’s Uniform Probate Code defines probate property as any asset owned by the decedent when they died. See Wyo. Stat. § 2-1-101 et seq. for definitions of estate property.
1. Title and Ownership at Death
Review the certificate of title issued by the Wyoming Department of Transportation (WYDOT). If the decedent’s name remained on the title at death, the vehicle passes through probate and becomes estate property. If the decedent signed and delivered title transfer documents before death, the vehicle generally avoids probate and does not belong to the estate.
2. Valid Inter Vivos Gifts
Wyoming law requires three elements for a valid gift before death: donative intent, delivery of the certificate of title, and acceptance by the recipient. A completed inter vivos gift that meets these requirements typically does not become part of the probate estate.
3. Transfers by Trust or Joint Ownership
If the decedent placed the vehicle into a revocable living trust, it passes to trust beneficiaries per trust terms and bypasses probate. See Wyo. Stat. § 4-10-301. Vehicles titled in joint tenancy with right of survivorship transfer automatically to the surviving owner under Wyo. Stat. § 2-1-110.
4. Timing and Revocability
A transfer that the decedent retained the right to revoke up to the moment of death may still count as estate property. Review any conditional or revocable transfer documents to confirm whether the gift was irrevocable before death.
Disclaimer: This article provides general information and does not constitute legal advice. Always consult a qualified attorney regarding your specific situation.
Helpful Hints
- Obtain a certified copy of the vehicle’s title from WYDOT to confirm current ownership.
- Maintain written records of any inter vivos gift, including signed title assignments and bills of sale.
- Review trust agreements carefully to verify whether the vehicle transferred through trust.
- Check for joint tenancy language on the title to see if right of survivorship applies.
- Consult an experienced estate attorney early to avoid delays or disputes in transferring the vehicle.