Revocable Living Trusts in Wyoming
How revocable living trusts work under Wyoming law and the other ways to pass property without probate.
Short answer: Wyoming has adopted the Uniform Trust Code (W.S. 4-10-101 et seq.). A trust is created only if the settlor has capacity, indicates an intention to create the trust, the trust has a definite beneficiary (or is a charitable, animal-care or noncharitable-purpose trust), the trustee has… W.S. 4-10-101, 4-10-403, 4-10-408, 4-10-602
| Revocable living trust | Wyoming has adopted the Uniform Trust Code (W.S. 4-10-101 et seq.). A trust is created only if the settlor has capacity, indicates an intention to create the trust, the trust has a definite beneficiary (or is a charitable, animal-care or noncharitable-purpose trust), the trustee has duties to perform, and the same person is not the sole trustee and sole beneficiary. A trust need not be evidenced by a trust instrument, but an oral trust and its terms can be proved only by clear and convincing evidence. Unless the terms expressly make the trust irrevocable, the settlor may revoke or amend it. Property transferred to the trustee passes under the trust terms without probate; assets left in the decedent's own name may still need probate, a small estate affidavit or summary distribution. |
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| Ways to avoid probate | 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). Vehicle beneficiary designation: https://wyoleg.gov/statutes/compress/title31.pdf |
More Wyoming estate law
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- Quitclaim Deeds and Transferring Property in Wyoming
- Who Inherits If You Die Without a Will in Wyoming
- How to Make a Valid Will in Wyoming
- How Probate Works in Wyoming
- Living Wills and Advance Directives in Wyoming
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- Letters Testamentary in Wyoming
- Affidavit of Heirship in Wyoming
- How to Avoid Probate in Wyoming
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- All Wyoming wills, probate and estate rules
FAQ
How do living trusts work in Wyoming?
Wyoming has adopted the Uniform Trust Code (W.S. 4-10-101 et seq.). A trust is created only if the settlor has capacity, indicates an intention to create the trust, the trust has a definite beneficiary (or is a charitable, animal-care or noncharitable-purpose trust), the trustee has duties to perform, and the same person is not the sole trustee and sole beneficiary. A trust need not be evidenced by a trust instrument, but an oral trust and its terms can be proved only by clear and convincing evidence. Unless the terms expressly make the trust irrevocable, the settlor may revoke or amend it. Property transferred to the trustee passes under the trust terms without probate; assets left in the decedent's own name may still need probate, a small estate affidavit or summary distribution.
How can you 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).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.