Wyoming Deed Requirements

Deeds transferring Wyoming real estate must comply with Wyoming’s statutory requirements and customs for deeds. Wyoming law defines certain information that deeds must contain and sets standards for proper signing of deeds. County clerks’ recommended formatting standards promote consistency in recorded documents.

Formatting Standards for Wyoming Deeds

Wyoming formatting standards deal with the arrangement and format of each of the elements of Wyoming deeds. Wyoming deeds must meet the following formatting requirements:

• Paper. Wyoming deeds should be printed on white paper of no less than 20-pound weight. Deeds usually use 8 × 11½-inch (standard letter size) paper. Page size should not exceed 8 × 14 inches (legal size).
• Ink color. Wyoming deeds should use black ink. Signatures may be written in black or dark blue.
• Font size. County clerks generally recommend 12-point font for deeds.
• Margins. A deed’s first page should have a top margin of at least 3 inches where the clerk stamps the date, time of recording, and book and page number.¹
• Legibility. A Wyoming deed must be legible and clear enough to produce readable copies.²
• Title. Wyoming deeds include a title–such as Warranty Deed or Quitclaim Deed—centered at the top of a deed’s first page.

Content Requirements for Wyoming Deeds

Wyoming content requirements govern the substantive provisions that must be included in each Wyoming deed form. Wyoming deeds must meet the following content requirements:

• Party names and addresses. A Wyoming deed must name the current owner who is transferring property (the grantor) and the new owner who is receiving the property (the grantee).³ Deeds must state the new owner’s address and often include the current owner’s address. ⁴
• Marital status. The parties’ marital status is not required but usually appears in a deed to ensure clarity in the property’s chain of title.⁵
• Property description. A Wyoming deed must include an accurate legal description of the property it transfers.⁶ A deed transferring solar rights—i.e., the right to collect solar energy on some or all of the property—must describe the collector surface. The description must include the dimensions of the collector surface, the direction it is oriented, the height above ground level, and the location on the property.⁷
• Homestead status. Wyoming deeds typically say whether the transferred property is the current owner’s homestead. Giving a property’s homestead status helps to ensure clarity in the property’s chain of title.⁸
• Homestead release. A Wyoming deed that transfers the current owner’s homestead must include the following statement (or very similar words) releasing the signer’s homestead rights: “Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of this state.”⁹
• Granting clause. A deed must include a granting clause formally transferring the title from the current owner to the new owner. Wyoming’s legal deed forms use different granting clauses for different types of deeds. Granting clauses tell what warranty of title (if any) the current owner is giving.¹⁰
• Consideration. A deed’s consideration is the value the new owner provides in exchange for the real estate.¹¹ Wyoming law allows deeds to state nominal consideration—such as “for ten dollars ($10) and other valuable consideration.”
• Co-ownership form. A deed transferring Wyoming real estate to two or more new owners should say the form of co-ownership in which the new owners will jointly hold title. Wyoming law recognizes tenancy in common, joint tenancy with right of survivorship, and (for married couples) tenancy by the entirety.¹² A Wyoming deed to multiple new owners that does not name a co-ownership form creates a tenancy in common.
• Deed to trust. A deed transferring Wyoming real estate to a trustee must define the trust under which the trustee is acting.¹³ A deed defines a trust well enough if it states the trustee’s name and the date of the trust agreement. A deed may also give the book, page, or document number of another document recorded in the county with the required information.¹⁴
• Return address. Wyoming does not require deeds to include a return address where the clerk is to return the deed after recording. Wyoming deeds usually include a return address in the first page’s top-left corner—within the 3-inch top margin.

Signing Requirements for Wyoming Deeds

A Wyoming deed is not valid unless it is signed as required by law. Wyoming deeds must meet the following signature requirements:

• Current owner signature. A Wyoming deed must have the property owner’s original signature. ¹⁵ Both owners must sign a deed transferring co-owned real estate unless only one owner is transferring ownership.
• Spouse’s signature for homestead. A deed transferring a Wyoming homestead owned by a married person must include both spouses’ signatures.¹⁶ Wyoming law defines homestead as a structure occupied as the owner’s main home plus the land on which the home sits.¹⁷
• Power of attorney. An agent with authority under a signed, notarized power of attorney form can sign a deed for the property owner if the power of attorney form—also called letters of attorney­­—is recorded in the county where the real estate is located.¹⁸
• Deed from trust. A deed that transfers real estate owned by a trust must be signed by the trustee or trustees empowered to act on the trust’s behalf.¹⁹ The deed must name the trust and show that the trustee is signing as a representative of it.
• Electronic signature. An electronic signature counts as the owner’s original signature if the deed and e-signature comply with Wyoming’s Uniform Real Property Electronic Recording Act.²⁰
• Notarization. The owner’s signature—or the signature of the authorized person signing on the owner’s behalf–must be confirmed by a notary.²¹ Wyoming law provides legal short-form notary certificates for persons signing as representatives.²²

Recording Fees for Wyoming Deeds

A Wyoming deed must be filed for recording with the county clerk of the county where the property is located.²³ Upon receiving a valid deed and the required recording fee, the county clerk records the deed in the county land records and stamps the time and date of recording on the deed.²⁴

County clerks charge $12.00 to record a deed’s first page and $3.00 per page for other pages.²⁵ Wyoming law add other fees if a deed includes:

• More than five grantor or grantee names to be indexed;
• More than 10 section descriptions; or
• More than two property descriptions given by reference to an earlier book and page number only.²⁶

Wyoming Transfer Tax and Additional Forms Required When Recording a Deed

To be recorded, each deed sent to the county clerk should take the following into account:

• Wyoming transfer tax. Wyoming does not charge a transfer tax or deed tax for real estate transfers.
• Statement of consideration paid. A deed presented for recording must also have a completed statement of consideration signed by the new owner. Wyoming’s Board of Equalization publishes a statement of consideration form. The completed form gives the parties’ names and addresses, the date of sale, the date of transfer, a property description, the full amount paid or to be paid for the property, the terms of sale, and the value of any property that is not real estate included in the sale.²⁷
• Deeds exempt from statement of consideration. Wyoming law does not require certain types of deeds to give the purchase price and terms of sale in the statement of consideration.²⁸ Exempt deeds include:
  • Deeds confirming, correcting, modifying, or supplementing a prior deed with no additional consideration;
  • Deeds relating to the merger, consolidation, or reorganization of a business entity;
  • Deeds transferring real estate from a subsidiary corporation to its parent corporation for no consideration or in sole consideration of cancellation or surrender of the subsidiary’s stock;
  • Deeds that constitute a gift of more than one-half of the property’s actual value;
  • Deeds between spouses or parent and child for nominal consideration;
  • Deeds that transfer the property to the current owner;
  • Deeds arising from a tax sale or foreclosure;
  • Any other deeds specifically exempted by the Wyoming Board of Equalization and Department of Revenue.

The Wyoming Department of Equalization provides an instruction sheet with the statement of consideration form. The instruction sheet says that a statement of consideration is not required if an exemption applies to a deed. However, if a signed form naming the claimed exemption is included, the county assessor does not need to contact the new owner to confirm the exemption.

1. See Wyo. Stat. § 34-1-119(a).
2. Wyo. Stat. § 18-3-402(a)(xiii).
3. See, e.g., Wyo. Stat. §§ 34-2-102; 34-2-104; 34-2-136.
4. Wyo. Stat. § 34-1-119(a).
5. See Wyo. Stat. § 34-5-113.
6. See, e.g., Wyo. Stat. §§ 34-2-102; 34-2-104; 34-2-136.
7. Wyo. Stat. § 34-22-106.
8. See Wyo. Stat. § 34-5-113.
9. Wyo. Stat. § 34-2-121.
10. Wyo. Stat. §§ 34-2-102; 34-2-104; 34-2-136.
11. See, e.g., Wyo. Stat. §§ 34-2-102; 34-2-104; 34-2-136.
12. Wyo. Stat. § 34-1-140.
13. Wyo. Stat. § 34-2-122.
14. Wyo. Stat. § 34-2-122.
15. Wyo. Stat. § 34-1-119(a).
16. Wyo. Stat. § 34-2-121.
17. Wyo. Stat. § 1-20-104.
18. Wyo. Stat. § 34-1-104.
19. Wyo. Stat. §§ 4-10-815; 4-10-816(a)(xxv).
20. Wyo. Stat. § 34-1-403.
21. Wyo. Stat. § 34-1-113.
22. Wyo. Stat. § 32-3-115.
23. Wyo. Stat. § 34-1-118.
24. Wyo. Stat. § 34-1-119(a).
25. Wyo. Stat. § 18-3-402(a)(xvi).
26. Wyo. Stat. §§ 18-3-402(a)(xvi)(M), (a)(xvi)(N), and (a)(xvi)(R).
27. Wyo. Stat. § 34-1-142(a).
28. Wyo. Stat. §§ 34-1-142(c)(i)-(c)(viii).