The catalyst for greater national attention to this issue was 29-year-old Brittany Maynard, a woman diagnosed with terminal brain cancer who moved from California to Oregon to end her life in 2014. Maynard chose Oregon because California had not yet passed its aid-in-dying law, and Oregon is one of just a few other states to allow terminally ill patients to legally end their lives.
In 2015, spurred by Maynard’s decision and the resulting publicity, the Wyoming legislature considered a bill called the Wyoming Death With Dignity Act (HB0119). However, the house Travel, Recreation, Wildlife and Cultural Resources Committee voted to table the bill and recommended that a committee study the issue during the interim session. In the 2017 legislative session, lawmakers tried to reintroduce the Wyoming Death With Dignity Act as HB0122, but the state house of representatives never considered it for introduction. If either of the bills had passed, the law would have functioned very much like Oregon’s Death With Dignity Act, allowing terminally ill patients who met certain requirements to request and use life-ending medication.
Citizen groups are continuing to work to legalize aid in dying in Wyoming. If choice at the end of life is important to you, here are some things you can do:
“Death with dignity” and "medical aid in dying" are two of the most commonly accepted phrases describing the process by which a terminally ill person ingests prescribed medication to hasten death. You might also see the phrase “right to die” used in place of either of those terms. However, “right to die” is more accurately used in the context of directing one’s own medical care—that is, refusing life-sustaining treatment such as a respirator or feeding tubes when permanently unconscious or close to death. In Wyoming or any other state, you have a right to provide such directions or give any other health care instructions by completing an advance health care directive.
For information about appointing a health care agent and making known your wishes for medical care at the end of life, see the Living Wills & Medical Powers of Attorney section of Nolo.com.
To find out more about the history and current status of medical aid in dying laws in the United States, visit the website of the Death With Dignity National Center.
Updated March 6, 2024
Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Wyoming.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants | spouse inherits everything |
spouse and descendants | spouse inherits 1/2 of intestate property descendants inherit 1/2 of intestate property |
parents and/or siblings but no spouse or descendants | parents and siblings inherit intestate property in equal shares |
(Wyo. Stat. § 2-4-101 (2024).)
In Wyoming, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants—children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, your spouse inherits one half of your intestate property and your descendants inherit the other half. (Wyo. Stat. § 2-4-101 (2024).)
Example: Bill is married to Karen, and they have three grown children. Bill and Karen own a house in joint tenancy, and Karen is also the named beneficiary of Bill’s retirement account. When Bill dies, Karen automatically inherits the house and any remaining retirement funds; those things are not intestate property. Bill also owns $300,000 worth of other property that would have passed under a will, so Karen inherits 1/2—that is, $150,000 worth—of that property. The three children split the remaining $150,000 worth of Bill’s intestate property.
If you die without a will in Wyoming, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have and whether or not you are married. (See the table above.)
For children to inherit from you under the laws of intestacy, Wyoming must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney. If you want to read the laws yourself, you’ll find a link to the Wyoming Statutes at the end of this article.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Wyo. Stat. § 9-5-202 (2024).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles, or cousins.
Here are a few other things to know about Wyoming’s intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled When There is No Will.
You can find Wyoming's intestate succession laws here: Wyo. Stat. §§ 2-4-101 to 2-4-108.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>You can make several different types of POAs in Wyoming. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Wyoming.
For your POA to be valid in Wyoming, it must meet these requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Wyoming courts. If you're helping someone make a POA and you're unsure whether they have the required mental capacity, consult an estate planning attorney.
While Wyoming does not technically require you to get your POA notarized, notarization is very strongly recommended. Under Wyoming law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuine—meaning your POA is more ironclad. In addition, many financial institutions will require a POA to be notarized (even if state law doesn't require it) before they accept it.
Wyoming offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan, if you like) that meets your specific aims and is valid in your state. You can also hire a Wyoming lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or selecting (initialing), from a list, each specific power you want your agent to have. For example, you might choose to grant your agent the power to act for you with respect to these subject areas:
Under Wyoming's updated power of attorney laws, if you made your POA in 2018 or later, your POA is durable (effective even after incapacitation) by default unless it explicitly states otherwise. This default was not in place prior to 2018.
As mentioned above, in Wyoming, you should have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office in the county where you own real estate or expect to deal with real estate in the future. In Wyoming, this office is part of the county clerk's office. If you put your POA on file, the county clerk's office will be able to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But when naming an agent, you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Wyoming allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in Wyoming, if your spouse is named as your agent in your POA, that designation automatically ends if you or your spouse files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead.
For more on Wyoming planning issues, see our section on Wyoming Estate Planning.
]]>Here’s a quick checklist for making a will in Wyoming:
A will, also called a "last will and testament," can help you protect your family and your property. You can use a will to:
In Wyoming, if you die without a will, your property will be distributed according to state "intestacy" laws. Wyoming's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives, including siblings, grandparents, aunts and uncles, cousins, nieces, and nephews. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.
No. You can make your own will in Wyoming, using Nolo's Quicken WillMaker & Trust. However, you may want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?
To make a will in Wyoming, you must be:
(Wyo. Stat. § 2-6-101 (2023).)
You must make your will on actual paper. It cannot be on an audio, video, or any other digital file. (Wyo. Stat. §§ 2-6-112 (2023).)
To finalize your will in Wyoming:
(Wyo. Stat. § 2-6-112 (2023).)
Wyoming allows witnesses to witness the will signing or acknowledgment in real time through the use of audio-video communication technology. The remote witnesses also can sign the will electronically. (Wyo. Stat. § 2-6-112 (2023).)
Wyoming does permit handwritten (“holographic”) wills, but they are usually not a good idea. Holographic wills in Wyoming do not need to be witnessed if you sign it and it is entirely in your handwriting. (Wyo. Stat. § 2-6-113 (2023).)
It's best to have "disinterested" witnesses who don't stand to inherit from you rather than "interested" witnesses who do, since interested witnesses can lose the gift you gave them. (Wyo. Stat. § 2-6-112 (2023).)
No, in Wyoming, you do not need to notarize your will to make it legal.
However, Wyoming allows you to make your will "self-proving." and you'll need to use a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it. (Wyo. Stat. § 2-6-114 (2023).)
To make your will self-proving, you and your witnesses will use a notary. Notaries traditionally are physically present during the will signing. But Wyoming also allows notaries to remotely notarize a will in real time using audio-video technology. Whether you are using a remote notary or have a notary physically present, you and your witnesses will sign an affidavit that states who you are and that each of you knew you were signing the will. (Wyo. Stat. §§ 2-6-114; 32-3-102 (2023).)
Yes. In Wyoming, you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. Quicken WillMaker & Trust produces a letter to your executor that generally explains what the job requires. If you don't name an executor, the probate court will appoint someone to take on the job of winding up your estate.
In Wyoming, you may revoke or change your will at any time. You can revoke your will by:
(Wyo. Stat. § 2-6-117 (2023).)
If you and your spouse divorce (or your marriage is annulled), Wyoming law revokes any language in your will that leaves property to your spouse or names your spouse to be your executor. This rule does not apply if you specifically state in your will that divorce should not affect the provisions in your will or if you happen to remarry your spouse. If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help. (Wyo. Stat. § 2-6-125 (2023).)
If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will – this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).
Wyoming currently does not allow electronic wills (also called “e-wills”). In a handful of states, you can make a legal will digitally—that is, you can make the will, sign it, and have it witnessed without ever printing it out. Such e-wills are currently available in only a minority of states, but many other states are considering making e-wills legal.
Although Wyoming doesn’t allow e-wills, it does allow witnesses to sign with an electronic signature and for witnesses and notaries to appear remotely (discussed above).
You can find Georgia’s laws about making wills here: Wyoming Statutes Title 2 Wills, Decedents' Estates and Probate Code Chapter 6 Wills.
]]>In Wyoming, a death certificate must be filed with the local registrar within three days of the death and before the body is removed from the state. (Wyo. Stat. Ann. § 35-1-418.) Typically, the funeral home, mortuary, cremation organization, or other person in charge of the deceased person's remains will prepare and file the death certificate. The easiest way to get copies of a death certificate is to ask this person or organization to order them for you at the time of the death.
If you're the executor of the estate (in charge of wrapping up the deceased person's affairs), you should ask for at least 10 certified copies. You'll need to submit a certified copy of the death certificate each time you claim property or benefits that belonged to the deceased person, including life insurance proceeds, Social Security benefits, payable on death accounts, veterans benefits, and many others.
If you need to order copies of a death certificate after some time has passed, visit the website of the Wyoming Department of Health, which offers options for ordering death certificates online or by mail.
When you order the certificates, you must provide a copy of a government-issued photo ID or sign your form in front of a notary public. The first copy of a Wyoming death certificate costs $25; each additional copy ordered at the same time costs $20. Extra fees apply for online orders.
In Wyoming, those who are permitted to order an official death certificate (meaning a certified copy) include:
Some of these people will be required to provide documentation proving their relationship to the deceased person or their purpose. For more information, see the Wyoming Department of Health death certificate application page.
Two separate people need to complete the death certificate. The funeral director collects personal information about the deceased person from the next of kin and fills in the personal data on the death certificate. The funeral director must then have a medical professional fill out the medical certification portion (stating the cause of death) within a "reasonable time after death." This medical professional is typically the primary health care provider who was responsible for the deceased person's care for the illness or condition that resulted in death. (Wyo. Stat. Ann. § 35-1-418.)
Embalming is a process in which blood is drained from the body and replaced with fluids that delay disintegration. Embalming is rarely necessary because refrigeration usually serves the same purpose.
In Wyoming, if a body won't be cremated or buried within 36 hours of death, you must choose to either embalm or refrigerate the body—but you will almost always have a choice. (Wy. Admin. Code § 035.0001.4-5.) The exception is that if the death was due to a communicable disease, the body must be embalmed and disinfected before it can be transported. (Wy. Admin. Code § 035.0001.4-5.)
A casket is often the single greatest expense incurred after a death. The average cost of a casket is more than $2,000, and the price can run into the $10,000-$20,000 range for more elaborate designs and expensive materials. Whether due to the cost or for other reasons, some people prefer to forgo a casket altogether.
Burial. No law requires a casket for burial, but many cemeteries require a certain type of container.
Cremation. No law requires a casket for cremation. On the contrary, federal law requires a funeral home or crematory to inform you that you may use an alternative container, and to make such containers available to you. An alternative container may be made of unfinished wood, pressed wood, fiberboard, or cardboard.
No. Although funeral homes may sometimes be very pushy about getting you to buy caskets from them, federal law requires funeral homes to accept caskets that consumers have purchased from another source, such as an online retailer. (Learn more about your consumer rights under the FTC Funeral Rule.) You may also build your own casket, if you prefer.
Alkaline hydrolysis (more informally called "water cremation," "flameless cremation," "aquamation," and many other terms) is a chemical process that reduces a body to components of liquid and bone. It's considered a greener alternative to cremation because it uses less energy than cremation and does not release matter into the atmosphere.
In 2014, Wyoming opened the door to alkaline hydrolysis when it amended its cremation statutes to include "chemical disposition." Wisconsin included this definition:
“Chemical disposition” means the process by which a deceased human body is reduced to a powder by use of materials other than heat and evaporation.
However, though it is recognized by law, no Wyoming facility has yet made water cremation available for human remains. The equipment is expensive and public demand is still small, though it's growing. To find a water cremation facility now, you’ll have to look to a nearby state with established facilities, such as Colorado. (See this section on water cremation in Colorado.)
If you're interested in this option for yourself, you may want to explore pre-planning your final arrangements. Water cremation tends to cost a little more than traditional cremation. (For example, see this 2023 NPR interview on water cremation in which one funeral home prices its water cremation service at $1,000 more than traditional cremation.)
Learn more about alkaline hydrolysis.
Most bodies are buried in established cemeteries, but burial on private property may be possible in Wyoming. Before conducting a home burial or establishing a family cemetery, check with the county or town clerk for any local zoning laws you must follow. If you bury a body on private land, you should draw a map of the property showing the burial ground and file it with the property deed so the location will be clear to others in the future.
Anyone taking charge of burying a body must obtain a burial-transmit permit from the local registrar before the body can be buried. (Wyo. Stat. Ann. § 35-1-418.) Wyoming's administrative code also prohibits burying or cremating a body before 24 hours have passed since the death, unless you've obtained permission from the county coroner. (Wyo. Admin Code § 35.0004.4-5.)
In Wyoming, there are no state laws controlling where you may keep or scatter ashes. Ashes may be stored in a crypt, niche, grave, or container at home. If you wish to scatter ashes, you have many options. Generally, use common sense and refrain from scattering ashes in places where they would be obvious to others.
Scattering ashes in an established scattering garden. Many cemeteries provide gardens for scattering ashes. If you’re interested, ask the cemetery for more information.
Scattering ashes on private land. You are allowed to scatter ashes on your own private property. If you want to scatter ashes on someone else’s private land, it’s wise to get permission from the landowner.
Scattering ashes on public land. You may wish to check both city and county regulations and zoning rules before scattering ashes on local public land, such as in a city park. However, many people simply proceed as they wish, letting their best judgment be their guide.
Scattering ashes on federal land. Officially, you should request permission before scattering ashes on federal land. However, you will probably encounter no resistance if you conduct the scattering ceremony quietly and keep the ashes well away from trails, roads, facilities, campsites, developed areas, and waterways. You can find guidelines for scattering ashes on the websites for some national parks. For example, rules are available for Grand Teton and Yellowstone.
Scattering ashes at sea. The federal Clean Water Act requires that cremated remains be scattered at least three nautical miles from land. If the container will not easily decompose, you must dispose of it separately. The EPA does not permit scattering at beaches or in wading pools by the sea. Finally, you must notify the EPA within 30 days of scattering ashes at sea.
The Clean Water Act also governs scattering in inland waters such as rivers or lakes. For inland water burial, you may be legally required to obtain a permit from the state agency that manages the waterway.
For more information, see Burial at Sea on the EPA website.
Scattering ashes by air. While there are no state laws on the matter, federal law prohibits dropping any objects that might cause harm to people or property. The U.S. government does not consider cremains to be hazardous material; all should be well so long as you remove the ashes from their container before scattering.
To learn about the federal rule on funerals, which protects consumers in all states, visit the FTC's Funeral Rule page.
For more information about funeral laws in Wyoming, see Wyoming Home Funeral Laws.
To find out more about funerals and other final arrangements, see Nolo's section on Getting Your Affairs in Order.
Get It Together, by Melanie Cullen (Nolo), helps you gather and organize the essential details of your life for yourself and your family.
]]>Wyoming offers a procedure, called "distribution by affidavit," that allows inheritors to skip probate altogether. To qualify, the estate (the property you own at death) must meet these requirements:
(Wyo. Stat. § 2-1-201.) Note that not all property counts toward that $200,000 limit, since certain types of property aren't subject to probate. These include:
So even relatively large estates might still qualify as a "small estate" for purposes of the affidavit procedure.
If your estate meets the requirements listed above, your inheritor can sign a simple document under oath, called a "small estate affidavit" or "affidavit for distribution." After signing the document (and swearing to its truthfulness) and having it notarized, the inheritor simply presents the affidavit to the person or institution holding the property—for example, a bank where the deceased person had an account. The inheritor will usually also need to provide a certified copy of the death certificate. After that, the person or institution releases the asset. This process skips probate court entirely.
Another probate shortcut that Wyoming offers is a simplified probate process for small estates, called "summary procedure" or "summary distribution." Unlike the affidavit procedure discussed above, summary procedure doesn't allow your survivors to skip probate. However, the process is much more streamlined than full probate, saving time, probate fees, and potentially lawyer fees.
You can use summary procedure in Wyoming if the value of the entire estate, including real estate and mineral interests, less liens and encumbrances, is $200,000 or less. You must wait 30 days after the death before using this procedure. (Wyo. Stat. § 2-1-205.)
To use it, an inheritor files a written request with the local probate court asking to use the summary procedure. The inheritor must then:
If the deceased person received state medical assistance, inheritor must also give a copy of the request to the state department of health. Wyo. Stat. § 2-1-205.
For more help handling an estate in general, see The Executor's Guide, by Mary Randolph (Nolo). For an introduction to how you can plan your estate to help your survivors, try Estate Planning Basics, by Denis Clifford (Nolo).
For more on Wyoming estate planning issues, see our section on Wyoming Estate Planning.
]]>A "living" trust (also called an "inter vivos" trust) is simply a trust you create while you're alive. The beneficiaries you name in your living trust receive the trust property when you die. You could instead use a will, but wills must go through probate—the court process that oversees the transfer of your property to your beneficiaries.
Many people create a revocable living trust as part of their estate plan. You can modify or revoke (cancel) this type of trust at any time. Typically, you'll name yourself as the "trustee" of your trust. This means that while you're alive, you retain control of the trust and its property. In your trust document, you'll also name a "successor trustee" to take over and manage the trust after you die; this person will distribute the property in the trust to your beneficiaries. (If you create a shared living trust, as is often done by married couples, then your successor trustee would assume control after both spouses have died.)
In contrast, irrevocable trusts cannot be revoked or modified after they are signed. Irrevocable trusts can be useful tools for specific goals, like reducing taxes, but they require giving up ownership and control of trust property.
When you set up a living trust to transfer your property to your loved ones after your death, you can potentially save them a lot of time, hassle, and money. Property left through a will (rather than a living trust) might be tied up for months or even years in probate court, and could involve court costs and lawyers' fees. By contrast, property left through a trust can be distributed to your beneficiaries almost immediately, and often without the need for an attorney.
Some states have fully adopted a model law called the Uniform Probate Code, which streamlines the probate process, but unfortunately Wyoming is not one of these states. However, Wyoming does offer simplified probate processes for "small" estates. Your inheritors can skip the probate process altogether and use a simple affidavit instead if the value of the estate is $200,000 or less. Your estate can also apply for a probate shortcut called "summary distribution of property."
If your estate is likely to qualify for these probate shortcuts, the probate process will probably be quick, straightforward, and relatively inexpensive, so you might not need to worry about making a living trust just to avoid probate.
Additionally, in Wyoming, you can transfer real property using a transfer-on-death deed; this can keep your home out of probate without using a living trust. But if you have other significant assets you'd like to keep out of probate, a living trust can be a good solution.
Yes, you'll still need a will. This might seem confusing—isn't the point of a living trust to avoid needing a will? Yes, it is, and your will might never be used. But you should still write one, for one or both of the following reasons:
If you don't have a will, any property that isn't transferred by your living trust or other method (such as joint tenancy) will go to your closest relatives as determined by Wyoming state law.
Probably not. But most people do not need to worry about federal estate taxes anyway because the federal estate tax is levied only on estates worth close to $12 million. Wyoming doesn't have a state estate tax.
If you have an estate worth close to $12 million (or you and your spouse or partner have a combined estate of close to $24 million), you might be able to use a more complicated trust (such as an AB trust) to reduce or avoid federal estate taxes.
To make a living trust in Wyoming, you:
You can use WillMaker & Trust to make a living trust using your computer. It has a simple interview format that allows you to complete the trust at your own pace, and it gives you lots of legal and practical help along the way. Based on your responses, the program produces a living trust document customized for you and your situation. With WillMaker & Trust, you can also make a will, powers of attorney, health care directives, transfer on death deeds, and many other useful documents. Use it just for yourself or for your entire family.
For more on Wyoming estate planning issues, see Wyoming Estate Planning.
]]>In Wyoming, you can make a living trust to avoid probate for virtually any asset you own -- real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee). Then -- and this is crucial -- you must transfer ownership of your property to yourself as the trustee of the trust. Once all that's done, the property will be controlled by the terms of the trust. At your death, your successor trustee will be able to transfer it to the trust beneficiaries without probate court proceedings.
If you own property jointly with someone else, and this ownership includes the "right of survivorship," then the surviving owner automatically owns the property when the other owner dies. No probate will be necessary to transfer the property, although of course it will take some paperwork to show that title to the property is held solely by the surviving owner.
In Wyoming, these forms of joint ownership are available:
In Wyoming, you can add a "payable-on-death" (POD) designation to bank accounts such as savings accounts or certificates of deposit. You still control all the money in the account -- your POD beneficiary has no rights to the money, and you can spend it all if you want. At your death, the beneficiary can claim the money directly from the bank, without probate court proceedings.
Wyoming lets you register stocks and bonds in transfer-on-death (TOD) form. People commonly hold brokerage accounts this way. If you register an account in TOD (also called beneficiary) form, the beneficiary you name will inherit the account automatically at your death. No probate court proceedings will be necessary; the beneficiary will deal directly with the brokerage company to transfer the account.
In 2013, Wyoming authorized the transfer of real estate at death with transfer-on-death deeds. (Wyo. Stat. sections 2-18-101 and following.) You sign and record the deed now, but it doesn't take effect until your death. You can revoke the deed or sell the property at any time; the beneficiary you name on the deed has no rights until your death.
Wyoming does not allow transfer-on-death registration of vehicles.
Even if you don't do any planning to avoid probate, your estate may qualify for Wyoming's simplified "small estate" probate procedures. For more details, see Probate Shortcuts. For more on avoiding probate, see 8 Ways to Avoid Probate, by Mary Randolph (Nolo).
]]>