Affidavit of Survivorship Form

Below is a link to a sample Affidavit of Survivorship Form for Wyoming and instructions.

Affidavit of Survivorship – Majors Law Firm, P.C. – Wyoming

Affidavit of Survivorship – Instructions – Majors Law Firm, P.C.

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Instructions for Affidavit of Survivorship

This is intended to be a generally summary of the process to evidence the death of a co-owner of a real estate in Wyoming and the transfer of legal title to the surviving owner. This summary should not be relied upon as binding or as legal advice.  The laws may have changed since the date that these instructions were written.  Each situation is different, and these instructions do not cover all of the possibly variables or contingencies. You are strongly encouraged to consult with an attorney before attempting to use the Affidavit of Distribution. Please contact the Majors Law Firm, P.C., if you would like to consult with an attorney. Majors Law Firm, P.C., PO Box 2922, 125 S. King Street, Jackson WY 83001 (307) 733-4117, www.wyomingcounsel.com

  1. The Affidavit of Survivorship may generally be used if:
    1. There is a piece of real estate located in Wyoming that was owned by: husband and wife as tenancy by the entirety; or by two or more people as joint tenants with right of survivorship.
    2. Once a co-owner dies, the Affidavit of Survivorship can be recorded in the County where the real estate is located, to take the Decedent’s name off of the legal ownership of the property and vest the ownership in the surviving co-owner(s) name(s).
  2. The Affidavit should typically be signed by the surviving co-owner (the “Affiant”), before a notary public. The Affidavit does not necessarily have to be signed in Wyoming.
  3. You will need to obtain a recorded copy of the Deed evidencing the co-ownership and:
    1. Insert the legal description in paragraph 3 of the Affidavit. It is important to make sure the legal description is correct. Typically you can copy and paste the legal description from the Deed into the Affidavit, but this may not always be correct. If you have any questions regarding how to list the legal description, you may want to speak with a title company in the County where the real estate is located, or a real estate attorney.
    2. Insert the previous recording information for the Deed in paragraph 4 of the Affidavit. There should be a sticker or stamp on the deed setting forth the recording information (i.e. book and page, date, etc.)
  4. Once signed, you should record the original Affidavit with the County Clerk of Recorder, in the Wyoming County in the real estate is located. You will need to attach an original certified copy of the death certificate to the Affidavit, when recording.
  5. Once recorded, the surviving co-owner(s) will be deemed the legal owner(s) of the property.
  6. If there is a mortgage on the property, you will want to consult with the lender before recording the Affidavit. They may require you to refinance the property.
  7. Wyoming Statute Section 2-9-102, which is copied below, is the law setting forth the Affidavit of Survivorship process.

Wyoming Statute 2-9-102. Affidavit of survivorship; recordation; copy of death certificate to be attached.

If any person dies who is the owner of a life estate which terminates by reason of his death, or if any person dies who is the owner with his surviving spouse of an estate by entireties, or if any person dies who is the owner with another of a joint estate or an estate in joint tenancy, any person interested in the affected property or the title thereto may make the death a matter of record by recording in the office of the county clerk of the county in which the property is situate an affidavit describing the property, the instrument under which the estate was vested with appropriate references to its recording data if the instrument was recorded, and certifying under oath to the death of the decedent as the party who was named in and whose death terminated his previous estate in the property under the vesting instrument. The affidavit shall have attached thereto a copy of the official death certificate of the decedent, certified to by the public authority in which the original death certificate is a matter of record.

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