How to Avoid Probate in Wyoming

Non-probate transfers available in Wyoming: (1) Transfer on death deed for real estate, recorded before death (W.S. 2-18-101 to 2-18-106). (2) Joint tenancy, tenancy by the entirety and life estates, confirmed by court petition (W.S. 2-9-101). (3) Joint, trust and pay-on-death bank deposit accounts (W.S. 2-1-203). (4) Transfer-on-death registration of securities (Uniform TOD Security Registration Act, W.S. 2-16-101 et seq.). (5) Vehicle beneficiary designation form ('transfer on death to') recorded with the county clerk (W.S. 31-2-104.1). (6) Small estate affidavit for estates of $400,000 or less (W.S. 2-1-201) and summary distribution, including real property, for estates of $400,000 or less (W.S. 2-1-205). (7) Revocable living trust (Uniform Trust Code).

Not earlier than 30 days after the death, the distributees (or their attorney) may collect money owed to the decedent, tangible personal property, and instruments such as stock by affidavit stating that the value of the entire Wyoming estate subject to administration, less liens and encumbrances, is not more than $400,000; that 30 days have passed; that no application to appoint a personal representative is pending or granted in Wyoming; and the facts showing who is entitled to the property. The affidavit must be filed with the county clerk, and a certified copy is presented to the holder of the property. The county clerk where a vehicle is registered must transfer its title on the affidavit. Real property is handled through the summary distribution procedure instead.

Yes. A deed that names a grantee beneficiary and expressly states it is effective on the owner's death transfers the owner's interest at death, subject to existing mortgages, liens and other encumbrances. It is valid only if executed and recorded in the office of the county clerk where the property is located before the owner's death. No notice to or consent of the beneficiary is needed, it may name successor beneficiaries, it can be revoked only by a recorded revocation (not by a will), and the last one recorded before death controls. After death, ownership is shown by recording an affidavit under W.S. 34-11-101 together with a certificate of clearance from the Wyoming Department of Health stating that any Medicaid claims are satisfied or do not exist. The statute provides forms for the deed and for revocation.