Transferring Real Property in Wyoming After a Spouse’s Death — Frequently Asked Question
Short answer: The exact steps depend on how the deceased spouse owned the property (sole owner, joint tenant, in a trust, or via a will). You will need certified proof of death and legal authority to transfer title (for example, probate documents, a trustee’s deed, or an affidavit accepted by the county recorder). Once you have authority, prepare and record a properly executed deed to your child at the county recorder’s office where the property is located.
This is general information, not legal advice. Consult a Wyoming attorney or the county recorder for guidance about your specific situation.
1. First: Identify how the property was titled
Before filing any deed, find the recorded deed for the property (county recorder’s office). The wording on that deed tells you how title was held and what steps are next. Common ownership forms and what they mean:
- Joint tenancy with right of survivorship — The surviving joint owner usually becomes sole owner automatically at death; you will likely only need to record the death certificate and a short affidavit to clear title or to prepare a deed from the surviving owner to the child.
- Tenancy in common — The deceased owner’s share passes according to the will or by intestacy (through probate or a small‑estate procedure).
- Sole ownership — The property becomes part of the decedent’s estate and is transferred by probate (or by a small‑estate procedure if available and eligible).
- Trust ownership — If the property is in a revocable trust, the successor trustee should be able to transfer title by recording a trustee’s deed along with any required affidavit.
- Property with a beneficiary designation (if any) — Some instruments transfer outside probate; follow the instrument’s instructions and record the beneficiary document per county requirements.
2. Typical documents you will need
Common documents required depending on the situation:
- Certified copy of the death certificate (from the state vital records office).
- If property passes outside probate (joint tenancy or trust): affidavit of survivorship, affidavit of successor trustee, or trustee’s affidavit.
- If the estate must be administered: letters testamentary (if there is a will) or letters of administration (intestate) issued by the probate court.
- If property is transferred by the personal representative: an executor’s or administrator’s deed (often called a fiduciary or executor’s deed).
- The new deed from the person or fiduciary who has authority (quitclaim deed, warranty deed, or fiduciary deed) conveying the property to your child; it must have a proper legal description.
- Any required affidavits, tax forms, and recording fees required by the county recorder.
3. If the deceased owned the property solely or left a will — probate is often required
When the spouse owned the land in his or her name alone, the property typically becomes part of the estate and title does not pass until the estate representative (personal representative/executor) transfers it. The usual steps:
- File the will (if any) and a petition for probate in the county where the decedent lived.
- The court issues letters testamentary or letters of administration to the appointed personal representative.
- The personal representative arranges for a deed (executor’s/fiduciary deed) that transfers the property to the beneficiary named in the will (for example, your child), or distributes per intestacy laws if there is no will.
- Record the deed at the county recorder’s office with the required attachments (for example, a certified death certificate and the recorded letters if the county requires them).
Wyoming probate statutes and administration procedures are located in the Wyoming statutes governing estates. For general statutory guidance, see Wyoming statutes, Title 2 (Administration of Estates): https://wyoleg.gov/statutes/title2.
4. If the property was owned jointly with right of survivorship
Title typically passes automatically to the surviving joint owner when a joint owner dies. Practical steps you will likely take:
- Obtain several certified copies of the death certificate.
- Contact the county recorder where the property is located and ask what proof they require to update the record (many counties accept a recorded “Affidavit of Death of Joint Tenant” or similar form plus the death certificate).
- If you (the surviving spouse) want the child to be the owner, you will execute and record a deed (for example, a warranty or quitclaim deed) conveying your interest to the child.
5. If the property is in a trust
If a revocable trust owns the property, the successor trustee typically has the authority to transfer title without probate by preparing and recording a trustee’s deed. The county recorder will often require a copy of the trust or a trustee’s affidavit showing successor authority (check local policy).
6. If the decedent didn’t leave a will (intestate)
State intestacy laws decide who inherits. If the surviving spouse (you) and a child are heirs under Wyoming intestacy, the court will issue letters of administration and the administrator will convey title according to those laws. For the statutes on intestacy, review Wyoming’s probate statutes at Title 2, Chapter 4: https://wyoleg.gov/statutes/title2.
7. Preparing and recording the deed to the child
Once you (or the personal representative, trustee, or surviving owner) have authority to convey the property, the steps to record a deed are:
- Prepare a deed (quitclaim or general warranty, or a fiduciary deed if conveyed by a personal representative or trustee) that contains the correct legal description of the property.
- Have the deed signed by the person with authority (surviving owner, personal representative, or trustee) in the presence of a notary.
- Complete any state or county transfer forms; include any affidavits the county requires (for example, affidavit of death or affidavit of authority).
- Pay the recording fee to the county recorder where the property is located and record the deed. The recorded deed is the public proof of your child’s ownership.
Contact the county recorder for specific requirements and recording fees. County rules vary about what attachments are required.
8. Important practical items and timing
- Obtain multiple certified death certificates early — recorders and other offices will usually require originals or certified copies.
- Search for liens or mortgages on the property. A mortgage survives death and must be addressed before or after transfer.
- Wyoming does not have a state inheritance or estate tax, but verify federal estate tax rules if the estate is large.
- Expect some time for probate administration if a full probate is required (often weeks to months). Simple matters or joint tenancy transfers can be faster.
- If other family members may contest the transfer, consider retaining an attorney early to avoid disputes and potential litigation (quiet title actions can be required when title is disputed).
9. Where to get forms and local help
- County recorder/recorder of deeds office where the property is located — for recorded deed copies, recording rules, fees, and local affidavit forms.
- Wyoming courts — for probate filing information and local probate rules. See the Wyoming Judicial Branch: https://www.courts.state.wy.us/
- Wyoming statutes (probate and property): https://wyoleg.gov/statutes/title2 (Administration of Estates) and https://wyoleg.gov/statutes/title34 (Real and Personal Property topics).
Helpful Hints
- Start by getting certified copies of the death certificate — many tasks cannot proceed without them.
- Pull the recorded deed from the county recorder or online county records to confirm how title is held before taking any action.
- Call the county recorder’s office and ask what they specifically require to clear title after a death — each county may have different forms or practices.
- If you are named personal representative or trustee, keep a clear paper trail of authority (letters, certified copies, recorded documents) so the recorder accepts the deed.
- Consider hiring a Wyoming real estate or probate attorney if the title is unclear, there are liens, or other heirs may object.
- Confirm mortgages, property tax status, and insurance coverage before and after the transfer to avoid surprises.
- Record the deed as soon as you have authority; an earlier-recorded deed provides clearer public notice of ownership.