§ 2-18-103 — Transfer on death deed

(a) A deed or title that conveys an interest in real or
titled property, including any debt secured by a lien on the
real or titled property, to a grantee beneficiary designated by
the owner and that expressly states that the deed or title is
effective on the death of the owner transfers the deceased
owner's interest to the grantee beneficiary designated by name
in the transfer on death deed or title effective on the death of
the owner, subject to all conveyances, assignments, contracts,
mortgages, deeds of trust, liens, security pledges, and other
encumbrances made by the owner or to which the owner was subject
during the owner's lifetime. The grantee beneficiary also takes
title subject to any interest in the property of which the
grantee beneficiary has either actual or constructive notice.
(b) A transfer on death deed may designate multiple
grantees who take title as joint tenants with right of
survivorship, tenants in common, or any other tenancy that is
valid under the laws of this state.
(c) A transfer on death deed may designate a successor
grantee beneficiary. If the transfer on death deed designates a
successor grantee beneficiary, the deed must state the condition
on which the interest of the successor grantee beneficiary would
vest.
(d) If real property is owned by persons as joint tenants
with the right of survivorship, a deed that conveys an interest
in the real property to a grantee beneficiary designated by all
of the then surviving owners and that expressly states that the
deed is effective on the death of the last surviving owner
transfers the interest to the designated grantee beneficiary
effective on the death of the last surviving owner. If a
transfer on death deed is executed by fewer than all of the
owners of real property owned as joint tenants with right of
survivorship, the transfer on death deed is valid if the last
surviving owner is one of the persons who executes the transfer
on death deed. If the last surviving owner did not execute the
transfer on death deed, the transfer lapses and the deed is
void. An estate in joint tenancy with right of survivorship is
not affected by the execution of a transfer on death deed that
is executed by fewer than all of the owners of the real
property, and the rights of a surviving joint tenant with right
of survivorship prevail over a grantee beneficiary named in a
transfer on death deed.
(e) A transfer on death deed is valid only if the deed is
executed and recorded, as provided by law, in the office of the
county clerk in the county in which the real property is
situated, before the death of the owner or the last surviving
owner. A transfer on death deed may be used to transfer an
interest in real property to the trustee of a trust even if the
trust is revocable.
(f) A transfer on death deed may be revoked at any time by
the owner or, if there is more than one (1) owner, by any of the
owners who executed the transfer on death deed. To be effective,
the revocation must be executed and recorded, as provided by
law, in the office of the county clerk in the county in which
the real property is situated, before the death of the owner who
executes the revocation. If the real property is owned as joint
tenants with right of survivorship and if the revocation is not
executed by all the owners who executed the transfer on death
deed, the revocation is not effective unless executed by the
last surviving owner.
(g) If an individual who is a recipient of medical
assistance for which it would be permissible for the department
of health to file a claim pursuant to W.S. 42-4-206 or to assert
a lien pursuant to W.S. 42-4-207 conveys an interest in real
property by means of a transfer on death deed, the department of
health may assert a lien against the property that is the
subject of the transfer on death deed for the amount which would
have been recoverable against the owner's estate pursuant to
W.S. 42-4-206 and may file a lien against the property pursuant
to W.S. 42-4-207.
(h) If an owner executes and records more than one (1)
transfer on death deed concerning the same real property, the
last transfer on death deed that is recorded before the owner's
death is the effective transfer on death deed.
(j) This section does not prohibit other methods of
conveying property that are permitted by law and that have the
effect of postponing enjoyment of an interest in real property
until the death of the owner. This section does not invalidate
any deed otherwise effective by law to convey title to the
interests and estates provided in the deed that is not recorded
until after the death of the owner.
(k) The signature, consent, or agreement of, or notice to,
a grantee beneficiary of a transfer on death deed is not
required for any purpose during the lifetime of the owner.
(m) A transfer on death deed that is executed,
acknowledged, and recorded in accordance with this section is
not revoked by the provisions of a will.
(n) Proof of the death of the owner or a grantee
beneficiary and transfer of ownership of the property by
operation of law shall be established exclusively as follows:
(i) By recording an affidavit as provided under W.S.
34-11-101 and an accompanying certificate of clearance;
(ii) The affidavit and accompanying certificate of
clearance shall be recorded in the office of the county clerk of
the county in which the real property is situated. The affidavit
shall identify the transfer on death deed by deed book and page
or document number. The certificate of clearance shall be
issued by the Wyoming department of health and shall certify
that all medical assistance claims have either been satisfied or
do not exist.
(o) Title to the interest in real property transferred by
a transfer on death deed shall vest in the designated grantee
beneficiary only on the death of the owner. Insurance coverage
applicable to a property that is in force at the time of the
death of the last titled owner shall be transferred and extended
to the designated grantee beneficiary in accordance with W.S.
26-23-109 for a period of up to sixty (60) days following the
date of the death of the last owner, unless the grantee
beneficiary has disclaimed interest in the real property.
(p) Title to the interest in a vehicle transferred by a
transfer on death title shall vest in the designated grantee
beneficiary only on the death of the owner.