| \r\n Transfer on death deed. \r\n | \r\n \r\n 13LSO-0477.L1 \r\n | \r\n
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FISCAL NOTE
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No fiscal or personnel impact.
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ORIGINAL HOUSE
BILL NO. 0201
ENROLLED ACT NO. 94, HOUSE OF REPRESENTATIVES
SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION
AN ACT relating to nontestamentary transfers of real property; providing for the transfer of real property by deed on death of grantor; creating definitions; specifying procedures, limitations and exclusions; providing for revocation of a transfer on death deed; modifying duties of county clerks accordingly; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 2‑18‑101 through 2‑18‑106 are created to read:
CHAPTER 18
NONTESTAMENTARY TRANSFER ON DEATH OF REAL PROPERTY
2‑18‑101. Short title.
This chapter shall be known as and may be cited as the \"Nontestamentary Transfer of Real Property on Death Act.\"
2‑18‑102. Definitions.
(a) As used in this chapter:
(i) \"Grantee beneficiary\" or \"grantee\" means the person to whom an owner grants an interest in the real property that is the subject of the transfer on death deed;
(ii) \"Owner\" means a person who executes a transfer on death deed as provided in W.S. 2‑18‑103;
(iii) \"Successor grantee beneficiary\" means the person to whom an owner grants an interest in the real property that is the subject of the transfer on death deed if the primary grantee beneficiary does not survive the owner;
(iv) \"Transfer on death deed\" means a deed authorized by W.S. 2‑18‑103.
2‑18‑103. Transfer on death deed.
(a) A deed that conveys an interest in real property, including any debt secured by a lien on real property, to a grantee beneficiary designated by the owner and that expressly states that the deed is effective on the death of the owner transfers the deceased owner's interest to the grantee beneficiary designated by name in the transfer on death deed effective on the death of the owner, subject to all conveyances, assignments, contracts, mortgages, deeds of trust, liens, security pledges, and other encumbrances made by the owner or to which the owner was subject during the owner's lifetime. The grantee beneficiary also takes title subject to any interest in the property of which the grantee beneficiary has either actual or constructive notice.
(b) A transfer on death deed may designate multiple grantees who take title as joint tenants with right of survivorship, tenants in common, or any other tenancy that is valid under the laws of this state.
(c) A transfer on death deed may designate a successor grantee beneficiary. If the transfer on death deed designates a successor grantee beneficiary, the deed must state the condition on which the interest of the successor grantee beneficiary would vest.
(d) If real property is owned by persons as joint tenants with the right of survivorship, a deed that conveys an interest in the real property to a grantee beneficiary designated by all of the then surviving owners and that expressly states that the deed is effective on the death of the last surviving owner transfers the interest to the designated grantee beneficiary effective on the death of the last surviving owner. If a transfer on death deed is executed by fewer than all of the owners of real property owned as joint tenants with right of survivorship, the transfer on death deed is valid if the last surviving owner is one of the persons who executes the transfer on death deed. If the last surviving owner did not execute the transfer on death deed, the transfer lapses and the deed is void. An estate in joint tenancy with right of survivorship is not affected by the execution of a transfer on death deed that is executed by fewer than all of the owners of the real property, and the rights of a surviving joint tenant with right of survivorship prevail over a grantee beneficiary named in a transfer on death deed.
(e) A transfer on death deed is valid only if the deed is executed and recorded, as provided by law, in the office of the county clerk in the county in which the real property is situated, before the death of the owner or the last surviving owner. A transfer on death deed may be used to transfer an interest in real property to the trustee of a trust even if the trust is revocable.
(f) A transfer on death deed may be revoked at any time by the owner or, if there is more than one (1) owner, by any of the owners who executed the transfer on death deed. To be effective, the revocation must be executed and recorded, as provided by law, in the office of the county clerk in the county in which the real property is situated, before the death of the owner who executes the revocation. If the real property is owned as joint tenants with right of survivorship and if the revocation is not executed by all the owners who executed the transfer on death deed, the revocation is not effective unless executed by the last surviving owner.
(g) If an individual who is a recipient of medical assistance for which it would be permissible for the department of health to file a claim pursuant to W.S. 42‑4‑206 or to assert a lien pursuant to W.S. 42‑4‑207 conveys an interest in real property by means of a transfer on death deed, the department of health may assert a lien against the property that is the subject of the transfer on death deed for the amount which would have been recoverable against the owner's estate pursuant to W.S. 42‑4‑206 and may file a lien against the property pursuant to W.S. 42‑4‑207.
(h) If an owner executes and records more than one (1) transfer on death deed concerning the same real property, the last transfer on death deed that is recorded before the owner's death is the effective transfer on death deed.
(j) This section does not prohibit other methods of conveying property that are permitted by law and that have the effect of postponing enjoyment of an interest in real property until the death of the owner. This section does not invalidate any deed otherwise effective by law to convey title to the interests and estates provided in the deed that is not recorded until after the death of the owner.
(k) The signature, consent, or agreement of, or notice to, a grantee beneficiary of a transfer on death deed is not required for any purpose during the lifetime of the owner.
(m) A transfer on death deed that is executed, acknowledged, and recorded in accordance with this section is not revoked by the provisions of a will.
(n) Proof of the death of the owner or a grantee beneficiary shall be established by affidavit as provided under W.S. 34‑11‑101. The affidavit shall be recorded in the office of the county clerk of the county in which the real property is situated. No affidavit shall be recorded unless a certificate of clearance, issued by the Wyoming department of health, certifies that all medical assistance claims have either been satisfied or do not exist. The certificate of clearance shall be simultaneously submitted with the affidavit for filing.
(o) Title to the interest in real property transferred by a transfer on death deed shall vest in the designated grantee beneficiary only on the death of the owner.
2‑18‑104. Form of transfer on death deed.
A transfer on death deed is sufficient if it complies with other applicable law and if it is in substantially the following form:
Transfer on Death Deed
I (we) .... (owner) hereby convey to .... (grantee beneficiary) effective on my (our) death the following described real property:
(Legal Description)
If a grantee beneficiary predeceases the owner, the conveyance to that grantee beneficiary must either (choose one):
[ ] Become void.
[ ] Become part of the estate of the grantee beneficiary.
Dated this .... day of .... year).
............................................
(Signature of grantor(s))
(Acknowledgment)
2‑18‑105. Form for revoking a transfer on death deed.
An instrument revoking a transfer on death deed is sufficient if it complies with other applicable law and is in substantially the following form:
Revocation of Transfer on Death Deed
The undersigned hereby revokes the transfer on death deed recorded on .... (date), in deed book .... on page ...., in the office of the clerk of .... county, Wyoming, concerning the following described real property:
(Legal Description)
Dated this .... day of .... (year).
............................................
(Signature of grantor(s))
(Acknowledgment)
2‑18‑106. Disclaimer.
A grantee beneficiary may refuse to accept all or any part of the real property interest conveyed by a transfer on death deed. If a grantee beneficiary refuses to accept or disclaims any real property interest, the grantee beneficiary shall have no liability under this chapter by reason of being designated as grantee beneficiary.
Section 2. W.S. 34‑1‑119 and 42‑4‑207 by creating a new subsection (k) are amended to read:
34‑1‑119. Duties of county clerk generally.
(a) The county clerk of each county within this state shall receive and record at length all deeds, mortgages, conveyances, patents, certificates and instruments left with him for that purpose, and he shall endorse on every such instrument the day and hour on which it was filed for record. The county clerk shall not record any document until the address of the grantee, mortgagee or assignee of the mortgagee is furnished to the county clerk, but this requirement shall not affect the validity of the recording of any instrument. Only instruments which are the originally signed documents or properly certified or authenticated copies thereof may be properly recorded. A document is properly certified if in compliance with Rule 902 of the Wyoming Rules of Evidence or other applicable rule or statute.
(b) Whenever a transfer on death deed is filed with the county clerk pursuant to W.S. 2‑18‑103, the county clerk shall furnish the following information to the Wyoming department of health, division of healthcare financing within fourteen (14) days of recording the deed:
(i) The name of the grantor;
(ii) The name of the grantee;
(iii) The legal description of the property being transferred.
42‑4‑207. Recovery of incorrect payments; recovery of correct payments; liens.
(k) The department may file a lien upon real property pursuant to W.S. 2‑18-103(g) upon the death of the grantor. The department may file such lien regardless of whether the grantee applied for a certificate of clearance pursuant to W.S. 2‑18‑103(n) or filed an affidavit to establish the death of the grantor pursuant to W.S. 34‑11‑101.
Section 3. This act is effective July 1, 2013.
(END)
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Speaker of the House |
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| President of the Senate |
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| Governor |
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| TIME APPROVED: _________ |
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| DATE APPROVED: _________ |
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I hereby certify that this act originated in the House.
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Chief Clerk |
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| \r\n H.B. No. 0201 \r\n | \r\n \r\n Transfer on death deed. \r\n | \r\n
\r\n\r\n
Sponsored\r\nBy: Representative(s) Blevins, Brown and Greear and\r\nSenator(s) Ross
\r\n\r\n\r\n\r\n
AN\r\nACT relating to nontestamentary transfers of real property; providing for the\r\ntransfer of real property by deed on death of grantor; creating definitions;\r\nspecifying procedures, limitations and exclusions; providing for revocation of\r\na transfer on death deed; and providing for an effective date.
\r\n\r\n\r\n\r\n
1/17/2013 Bill\r\nNumber Assigned
\r\n\r\n1/18/2013 H\r\nReceived for Introduction
\r\n\r\n1/21/2013 H\r\nIntroduced and Referred to H01
\r\n\r\n1/25/2013 H01\r\nRecommended Amend and Do Pass
\r\n\r\n\r\n\r\n
ROLL CALL
\r\n\r\nAyes:\r\nRepresentative(s)\r\nBaker, Connolly, Gingery, Halverson, Kroeker, Krone, Walters and Watt
\r\n\r\nExcused:
Ayes
\r\n\r\n
1/25/2013 H Placed\r\non General File
\r\n\r\n\r\n\r\n
HB0201HS001/ADOPTED
\r\n\r\nPage\r\n6-line 4 Delete "assert a lien" insert "file a claim".
\r\n\r\nPage\r\n6-line 9 Delete "42‑2‑207" insert "42‑4‑207".
\r\n\r\nPage\r\n7-line 15 After "situated." insert "No affidavit shall\r\nbe recorded unless a certificate of clearance, issued by the Wyoming department\r\nof health, certifies that all medical assistance claims have either been\r\nsatisfied or do not exist. The certificate of clearance shall be\r\nsimultaneously submitted with the affidavit for filing.
\r\n\r\nPage\r\n10-line 1 After "W.S." delete the balance of the line and\r\ninsert: "34‑1‑143 by creating a new subsection (b) and 42‑4‑207\r\nby creating a new subsection (k) are".
\r\n\r\nPage\r\n10-line 2 Delete entirely.
\r\n\r\nPage\r\n10-lines 5 through 15 Delete entirely and insert:
\r\n\r\n"34‑1‑143.\r\nInformation to be furnished to department of revenue, department of health and\r\nthe state board of equalization.
\r\n\r\n"(a) The\r\ncounty clerk shall place the recording data on the statement of consideration\r\npaid and deliver the statement to the county assessor. The county assessor\r\nshall furnish information from the statements of consideration to the state\r\nboard of equalization and department of revenue as the board or department\r\nshall require, and when disclosed under W.S. 34‑1‑142(g) and 39‑13‑109(b)(i),\r\nany person or his agent wishing to review or contest his property tax\r\nassessment or valuation and the county board of equalization. The county\r\nassessor may furnish information from the statements of consideration to a\r\ncounty assessor in another county in this state to be used as provided by law.
\r\n\r\n(b) Whenever a transfer on\r\ndeath deed is filed with the county clerk pursuant to W.S. 2‑18‑103,\r\nthe county assessor shall furnish information contained within the statement of\r\nconsideration paid to the Wyoming department of health, division of healthcare\r\nfinancing. The information supplied under this subsection shall be transmitted\r\nwithin fourteen (14) days of the receipt of the statement of consideration paid\r\nand shall be limited to:
\r\n\r\n(i) The name of the grantor;
\r\n\r\n(ii) The name of the grantee;
\r\n\r\n(iii) Recording data including\r\nthe legal description of the property being transferred.
\r\n\r\n42‑4‑207. Recovery\r\nof incorrect payments; recovery of correct payments; liens.
\r\n\r\n(k) Upon determining that real\r\nproperty has been conveyed by transfer on death deed pursuant to W.S. 2‑18‑103,\r\nwhich property was available to satisfy outstanding medical payments made by\r\nthe department on behalf of the grantor, the department may file a lien against\r\nthe real property and bring such judicial proceedings deemed appropriate and\r\nupon determining that:
\r\n\r\n(i) Has failed to apply for a certificate\r\nof clearance from the department;
\r\n\r\n(ii) The grantee has failed to\r\npay the department's medical assistance claims; or
\r\n\r\n(ii) Has failed to file an\r\naffidavit attesting to the death of the grantor pursuant to W.S. 2‑18‑103(n)\r\nand 34‑11‑101 and ". GINGERY, CHAIRMAN
\r\n\r\n\r\n\r\n
HB0201HW001/ADOPTED (CORRECTED\r\nCOPY)
\r\n\r\nPage\r\n6-line 4 Delete the standing committee amendment (HB0201HS001/A) to\r\nthis line.
\r\n\r\nPage\r\n10-lines 5 through 15 Delete entirely including the standing committee\r\namendment (HB0201HS001/A) to these lines and insert:
\r\n\r\n"34‑1‑143.\r\nInformation to be furnished to department of revenue, department of health and\r\nthe state board of equalization.
\r\n\r\n(a) The county clerk shall place the\r\nrecording data on the statement of consideration paid and deliver the statement\r\nto the county assessor. The county assessor shall furnish information from the\r\nstatements of consideration to the state board of equalization and department\r\nof revenue as the board or department shall require, and when disclosed under\r\nW.S. 34‑1‑142(g) and 39‑13‑109(b)(i), any person or his\r\nagent wishing to review or contest his property tax assessment or valuation and\r\nthe county board of equalization. The county assessor may furnish information\r\nfrom the statements of consideration to a county assessor in another county in\r\nthis state to be used as provided by law.
\r\n\r\n(b) Whenever a transfer on\r\ndeath deed is filed with the county clerk pursuant to W.S. 2‑18‑103,\r\nthe county assessor shall furnish information contained within the statement of\r\nconsideration paid to the Wyoming department of health, division of healthcare\r\nfinancing. The information supplied under this subsection shall be transmitted\r\nwithin fourteen (14) days of the receipt of the statement of consideration paid\r\nand shall be limited to:
\r\n\r\n(i) The name of the grantor;
\r\n\r\n(ii) The name of the grantee;
\r\n\r\n(iii) Recording data including\r\nthe legal description of the property being transferred.
\r\n\r\n42‑4‑207. Recovery\r\nof incorrect payments; recovery of correct payments; liens.
\r\n\r\n(k) The department may file a\r\nlien upon real property pursuant to W.S. 2‑18‑103(g) upon the death\r\nof the grantor. The department may file such lien regardless of whether the\r\ngrantee applied for a certificate of clearance pursuant to W.S. 2‑18‑103(n)\r\nor filed an affidavit to establish the death of the grantor pursuant to W.S. 34‑11‑101.
\r\n\r\n
1/29/2013 H Passed\r\nCoW
\r\n\r\n\r\n\r\n
HB0201H2001/ADOPTED
\r\n\r\nPage\r\n1-line 10 Delete "2‑18‑105" insert 2‑18‑106".
\r\n\r\nPage\r\n9-After line 23 Insert:
\r\n\r\n"2‑18‑106. Disclaimer.
\r\n\r\nA\r\ngrantee beneficiary may refuse to accept all or any part of the real property\r\ninterest conveyed by a transfer on death deed. If a grantee beneficiary\r\nrefuses to accept or disclaims any real property interest, the grantee\r\nbeneficiary shall have no liability under this chapter by reason of being\r\ndesignated as grantee beneficiary.". BROWN
\r\n\r\n\r\n\r\n
1/30/2013 H Passed\r\n2nd Reading
\r\n\r\n1/31/2013 H Passed\r\n3rd Reading
\r\n\r\n\r\n\r\n
ROLL CALL
\r\n\r\nAyes:\r\nRepresentative(s)\r\nBaker, Barlow, Berger, Blake, Blevins, Blikre, Brown, Burkhart, Byrd, Campbell,\r\nCannady, Coleman, Connolly, Freeman, Gingery, Goggles, Greene, Halverson,\r\nHarshman, Harvey, Hunt, Hutchings, Kasperik, Kirkbride, Kroeker, Krone, Larsen,\r\nLockhart, Loucks, Madden, McKim, Miller, Moniz, Nicholas, B., Northrup, Patton,\r\nPaxton, Petroff, Reeder, Stubson, Teeters, Throne, Wallis, Walters, Watt,\r\nWilson and Winters
\r\n\r\nNays:\r\nRepresentative(s)\r\nDavison, Eklund, Esquibel, K., Filer, Greear, Jaggi, Lubnau, Piiparinen,\r\nSemlek, Sommers, Zwonitzer, Dn. and Zwonitzer, Dv.
\r\n\r\nExcused:
Ayes
\r\n\r\n
2/1/2013 S\r\nReceived for Introduction
\r\n\r\n2/1/2013 S\r\nIntroduced and Referred to S01
\r\n\r\n2/15/2013 S01\r\nRecommended Amend and Do Pass
\r\n\r\n\r\n\r\n
ROLL CALL
\r\n\r\nAyes:\r\nSenator(s)\r\nBurns, Christensen, Esquibel, F., Hicks and Schiffer
\r\n\r\nAyes
\r\n\r\n
2/15/2013 S Placed\r\non General File
\r\n\r\n\r\n\r\n
HB0201SS001/ADOPTED (TO\r\nENGROSSED COPY)
\r\n\r\nPage\r\n1-line 5 After ";" insert "modifying duties of county\r\nclerks accordingly;".
\r\n\r\nPage\r\n10-line 16 Delete "34‑1‑143" insert "34‑1‑119".
\r\n\r\nPage\r\n10-lines 19 through 24 Delete and insert:
\r\n\r\n"34‑1‑119. Duties of county clerk\r\ngenerally.
\r\n\r\n(a) The county clerk of each county within\r\nthis state shall receive and record at length all deeds, mortgages,\r\nconveyances, patents, certificates and instruments left with him for that\r\npurpose, and he shall endorse on every such instrument the day and hour on\r\nwhich it was filed for record. The county clerk shall not record any document\r\nuntil the address of the grantee, mortgagee or assignee of the mortgagee is\r\nfurnished to the county clerk, but this requirement shall not affect the\r\nvalidity of the recording of any instrument. Only instruments which are the\r\noriginally signed documents or properly certified or authenticated copies\r\nthereof may be properly recorded. A document is properly certified if in\r\ncompliance with Rule 902 of the Wyoming Rules of Evidence or other applicable\r\nrule or statute.
\r\n\r\n(b) Whenever a transfer on\r\ndeath deed is filed with the county clerk pursuant to W.S. 2‑18‑103,\r\nthe county clerk shall furnish the following information to the Wyoming\r\ndepartment of health, division of healthcare financing within fourteen (14)\r\ndays of recording the deed:
\r\n\r\n(i) The name of the grantor;
\r\n\r\n(ii) The name of the grantee;
\r\n\r\n(iii) The legal description of the property being\r\ntransferred.".
\r\n\r\nPage 11-lines\r\n1 through 24 Delete.
\r\n\r\nPage\r\n12-lines 2 and 3 Delete. SCHIFFER, CHAIRMAN
\r\n\r\n\r\n\r\n
2/20/2013 S Passed\r\nCoW
\r\n\r\n2/21/2013 S Passed\r\n2nd Reading
\r\n\r\n2/22/2013 S Passed\r\n3rd Reading
\r\n\r\n\r\n\r\n
ROLL CALL
\r\n\r\nAyes:\r\nSenator(s) Anderson,\r\nJL S28, Barnard, Bebout, Burns, Case, Coe, Cooper, Craft, Dockstader, Driskill,\r\nEmerich, Esquibel, F., Geis, Hastert, Hicks, Hines, Johnson, Landen, Meier, Nicholas,\r\nP., Nutting, Perkins, Peterson, Ross, Rothfuss, Schiffer, Scott and Von Flatern
\r\n\r\nExcused:
Ayes
\r\n\r\n
2/22/2013 H\r\nReceived for Concurrence
\r\n\r\n2/25/2013 H Did\r\nConcur
\r\n\r\n\r\n\r\n
ROLL CALL
\r\n\r\nAyes:\r\nRepresentative(s)\r\nBaker, Barlow, Berger, Blake, Blevins, Blikre, Brown, Burkhart, Byrd, Campbell,\r\nCannady, Coleman, Connolly, Davison, Eklund, Esquibel, K., Filer, Freeman, Gay,\r\nGingery, Goggles, Greear, Greene, Halverson, Harshman, Harvey, Hunt, Hutchings,\r\nJaggi, Kasperik, Kirkbride, Kroeker, Krone, Larsen, Lockhart, Loucks, Lubnau,\r\nMadden, McKim, Miller, Moniz, Nicholas, B., Northrup, Patton, Paxton, Petroff,\r\nPiiparinen, Reeder, Semlek, Sommers, Stubson, Teeters, Throne, Wallis, Walters,\r\nWatt, Wilson, Winters, Zwonitzer, Dn. and Zwonitzer, Dv.
\r\n\r\nAyes
\r\n\r\n
2/25/2013 Assigned\r\nNumber HEA No. 0094
\r\n\r\n2/25/2013 H\r\nSpeaker Signed HEA No. 0094
\r\n\r\n2/26/2013 S\r\nPresident Signed HEA No. 0094
\r\n\r\n2/28/2013 Governor\r\nSigned HEA No. 0094
\r\n\r\n2/28/2013 Assigned\r\nChapter Number
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Chapter No. 0100\r\nSession Laws of Wyoming 2013
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