What’s a Transfer on Death Deed in Wyoming and Why Would You Use It?

Imagine you own a house in Wyoming, and you want to make sure it goes to someone you love—like your kid or a close friend—after you pass away. You could write a will, but that might mean your house has to go through a court process called probate. Probate can take time, cost money, and feel like a hassle for your family. But there’s an easier way in Wyoming: a transfer on death deed (or TOD deed for short).

So, what is it? A TOD deed is a simple legal paper you sign while you’re alive. It says, “When I die, my house goes to this person.” You pick who gets it—called the beneficiary—and you file the paper with the county clerk where your house is. The essential feature is that it doesn’t do anything until you’re gone. You still own your house 100%. You can live in it, sell it, or change your mind and pick someone else. The deed only takes effect after you pass away, passing the house straight to your beneficiary without probate. TOD deeds have specific requirements, however, so you will want to work with an experienced estate planning or real estate attorney to make sure your TOD deed is valid—and avoids unforeseen consequences.

Why might you use it? First, it skips probate, which saves time and money. Your family doesn’t have to wait months or pay a lawyer to sort things out in court. Second, it’s a flexible solution. If your plans change—like if you want to give the house to someone else—you can cancel the TOD deed or make a new one anytime, as long as you’re alive.

For example, let’s say you’re a grandparent in Cheyenne. You want your grandson to get your house someday, but you still need to live there now. You sign a TOD deed naming him, file it with the county, and keep living your life. Years later, when you’re gone, he gets the house fast and easy—no court, no stress.

A TOD deed isn’t for every situation. It only works for real property like a house or land, not things like money or cars. And you’ll want to make sure it fits with your other plans, like a will. But if you’ve got a house in Wyoming and want a simple way to pass it on, a TOD deed could be just the trick. If it sounds like a good solution for you, ask your estate planning lawyer about this option.

References

1.     Wyoming Statutes Annotated, § 2-18-103.

2.     “Transfer on Death Deeds,” Wyoming State Bar. Available at wyomingbar.org.

3.     “Probate Process,” Wyoming Judicial Branch. This outlines what probate involves, showing why skipping it with a TOD deed can help. Find it at courts.state.wy.us.