Bill No.:         HB0175                                             Drafter: LNS

LSO No.:       14LSO-0424                                     Effective Date: 7/1/2014

Enrolled Act No.:    HEA0033

Chapter No.:                        CH0034

Prime Sponsor:       Representative Brown

Catch Title:              Transfer on death deed.

Subject:                     Procedure to transfer property upon the death of the owner.

Summary/Major Elements:

· The Legislature created the transfer on Death Deed in 2013 HB 201 (2013 Wyoming Session Laws, Ch. 101).

o That act allows an owner of real property to transfer the property to a designated person by a deed that does not become effective until the owner dies.

o An owner who executes a transfer on death deed, in general, retains all the rights of ownership and has exclusive control over the property and may change the designated beneficiary.

o A transfer on death deed is a method to transfer real property without having to go through probate.

· This act provides that proof of the death of the owner or a grantee beneficiary and transfer of ownership of property pursuant to a transfer on death deed shall be accomplished by filing an affidavit identifying the property to be transferred and a “certificate of clearance” in the office of county clerk where the property is located.

· The “certificate of clearance” is issued by the Wyoming department of health and certifies that all medical assistance claims of the owner have been satisfied or do not exist.