Tenancy in common presumed by default
In Choman v. Epperley (1979), the Wyoming Supreme Court held that joint tenancies are not to be presumed without clear language on the face of the vesting instrument indicating an intent to create a right of survivorship. This makes tenancy in common the default form of co-ownership in Wyoming. If the title vesting document is silent about how ownership is allocated, equal shares are presumed — for example, a deed naming three grantees with no allocation stated gives each grantee a presumed one-third undivided share.
Survivorship remains fully intact, unlike in some other states
Worth understanding directly: Wyoming has not abolished or watered down the actual right of survivorship once a joint tenancy is properly created. A real Wyoming Supreme Court decision, Witzel v. Witzel, specifically distinguished Wyoming's law from a long list of other states where survivorship in joint tenancy had been abolished or modified in various ways, confirming that in Wyoming, "the incidence of survivorship has not been abolished nor has joint tenancy been abrogated or modified." Once the clear language requirement is satisfied, Wyoming joint tenancy works in the traditional, full-strength way.
Tenancy by the entirety: disfavored, but with an older exception
Wyoming also recognizes tenancy by the entirety in both real and personal property, available to married couples, with the key distinction from ordinary joint tenancy being that it cannot be unilaterally severed by one spouse or that spouse's creditors. Similar to ordinary joint tenancy, a later Wyoming Supreme Court case, Oatts v. Jorgenson (1991), held that tenancy by the entirety is also disfavored and typically not to be presumed.
The older case that complicates this
Here's where a genuine tension in Wyoming case law emerges. An older decision, Peters v. Dona (1936), held that where a vesting instrument conveys property to two grantees and specifically describes them as "husband and wife," a tenancy by the entirety is created — essentially treating that specific phrase as sufficient on its own. Because the later Choman decision did not specifically overrule Peters v. Dona, Wyoming estate-planning practitioners generally believe a conveyance to a married couple that uses this specific language still creates a tenancy by the entirety, even though the broader trend in more recent Wyoming case law leans toward disfavoring any presumption of survivorship without clearer language. This is a genuine area of legal nuance worth discussing directly with a Wyoming attorney rather than assuming either rule definitively controls.
A 2023 clarification for self-conveyance
Separately, a 2023 amendment to Wyoming statute specifically clarified how these estates can be created: a joint tenancy or a tenancy by the entirety, in either real or personal property, may be established by the owner simply by designating the names of the joint tenants or tenants by the entirety — including the owner's own name — directly in the instrument of conveyance, without needing to route the transaction through a third party. This modernized, explicit self-conveyance authority sits alongside the older, somewhat more uncertain case law on exactly what language is sufficient to create survivorship in the first place.
Clearing title after death
Wyoming permits any person interested in the affected property or title to record a sworn affidavit of survivorship, describing the property, identifying the vesting instrument, and certifying the named owner's death and the termination of the prior estate, with a certified copy of the official death certificate attached. This affidavit serves as prima facie evidence of the facts it states, letting survivors clear title without a full probate proceeding for that specific asset. An alternative, court-based route through a verified petition and recorded decree is also available.
A separate, more modern tool for real estate
None of this changes the fact that Wyoming also offers a completely separate route for keeping real estate out of probate. See our guide to the Wyoming transfer-on-death deed for how that tool works alongside these joint ownership rules.