Wyoming Transfer-on-Death Deed

Last updated: August 21, 2026 Jurisdiction: Wyoming

Wyoming authorizes a transfer-on-death deed

Wyoming’s statutory tool is the transfer-on-death deed. The Probate Code defines a grantee beneficiary and authorizes an owner to convey an interest in real property to a named beneficiary in a deed that expressly says it is effective on the owner’s death. Title transfers to the designated grantee beneficiary only at the owner’s death, and the statutory form must be used in compliance with other applicable law. This is a probate tool governed by Wyoming statute, not a Florida-style Lady Bird deed (Wyoming Probate Code, W.S. 2-18-102 through 2-18-105).

The statute provides that the beneficiary’s signature, consent, agreement, and notice are not required during the owner’s lifetime. It permits revocation and provides that, if more than one qualifying TOD deed is recorded for the same property, the last deed recorded before the owner’s death is effective. Joint-tenancy rules still matter: the rights of a surviving joint tenant prevail over a grantee beneficiary named in a deed executed by fewer than all joint owners (Wyoming TOD-deed mechanics).

Medicaid notice and lien authority are the Wyoming-specific warning

Wyoming does not leave Medicaid outside the TOD-deed statute. When a TOD deed is filed, the county clerk must furnish prescribed information to the Department of Health, Division of Healthcare Financing, within 14 days after recording. The law also says that, when an individual receiving medical assistance conveys real property through a TOD deed, the Department may assert and file a lien against the property for the amount recoverable against the owner’s estate under the Medicaid recovery statutes (Wyoming Probate Code, W.S. 2-18-103).

That direct statutory connection means a Wyoming TOD deed should not be advertised as a Medicaid-recovery shield. Wyoming’s recovery definition extends beyond conventional probate property to interests conveyed through joint tenancy, tenancy in common, survivorship, life estate, living trust, or another arrangement. A TOD deed may affect probate administration, but it does not cancel the separate eligibility, lien, and estate-recovery analysis (Wyoming expanded-estate statute; Wyoming estate-recovery brochure).

Recording and post-death proof matter

The Probate Code includes the statutory TOD-deed and revocation forms and provides that proof of death and transfer by operation of law is established by the specified recorded affidavit process. A grantee beneficiary may disclaim all or part of the interest. The exact recording, title, creditor, tax, insurance, and Medicaid consequences should be checked against the current county practice and statute before a deed is signed or relied upon (Wyoming TOD-deed forms and proof provisions).

A revocable trust, retained life estate, sale, gift, and TOD deed are different legal devices. Their consequences for control during life, capital-gains basis, creditor claims, transfer penalties, patient contribution, and recovery can differ. Wyoming’s explicit Department notice and lien rule makes individual advice especially important where the owner already receives, or may soon seek, Medicaid long-term-care coverage (Wyoming Medicaid lien provision for TOD deeds).

Wyoming TOD deed: it transfers at death, can be revoked, requires county recording, triggers county-clerk notice to Medicaid, and does not erase Wyoming’s expanded estate-recovery authority (Wyoming Probate Code).

For broader home-planning context, see The Home. A Wyoming real-estate and elder-law attorney should review title, current Medicaid status, and the recovery consequences before recording a TOD deed.

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Wyoming authorizes a transfer-on-death deed

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