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When heirs in Wyoming inherit real estate—whether located in Wyoming or another jurisdiction—they generally cannot transfer title with a standard warranty deed until the estate closes. Instead, transfers happen through probate or a small-estate process. Here are the primary deed types and recording steps under Wyoming law:

1. Personal Representative’s Deed (Executor’s or Administrator’s Deed)

If the decedent’s estate goes through formal probate in Wyoming, the court appoints a personal representative (executor under a will or administrator if there is no will). Under Wyo. Stat. § 2-1-202(b), the personal representative may sell or convey real property by executing a Personal Representative’s Deed. This deed transfers the estate’s title to a purchaser or to a beneficiary. The deed should:

• Identify the estate and personal representative.
• Reference letters testamentary or of administration (often attaching a certified copy).
• Contain a legally sufficient description of the property.
• Include the statutory warranty language, if required.

2. Heirs’ Quitclaim or Warranty Deed after Closing

Once the court closes the estate and distributes property to the heirs, each heir holds title as a tenant in common. Heirs may then convey their individual interests directly. There are two common options:

• Quitclaim Deed: Conveys whatever interest the grantor has without warranties. Use when no further title assurances are needed.
• General Warranty Deed: Provides full covenants of title. Use when the purchaser requires title guarantees.

3. Recording the Deed

To record either a Personal Representative’s Deed or an heir’s deed:

1. Obtain a certified copy of the letters testamentary or of administration (for representative deeds) or a closing order.
2. Prepare the deed form with all required elements (grantor/grantee names, legal description, acknowledgment).
3. Have the grantor sign before a notarial officer and obtain the notary’s seal and date.
4. Submit the original deed and the certified probate documents to the county clerk or recorder’s office in the county where the property lies (the “place of recording”).
5. Pay the recording fee and any transfer tax or stamp tax required by that jurisdiction.

Once recorded, the deed becomes part of the public land records, giving constructive notice of the transfer.

Helpful Hints

• Confirm whether the remote jurisdiction recognizes deeds executed under Wyoming probate orders; you may need an exemplified copy of the probate record.
• Check the destination county’s deed form requirements—some jurisdictions have strict formatting rules.
• Include a cover letter listing all documents enclosed and a return address for the recorded originals.
• Verify whether the new jurisdiction imposes additional transfer taxes or affidavits.
• Keep certified copies of all recorded instruments and proof of payment for your estate records.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in the relevant jurisdiction to address your specific situation.