Certificate of Trust — Wyoming UTC Adopted
State-specific requirements for a Certificate of Trust in Wyoming.Create yours now →
Statutory Citation
Wyo. Stat. Title 4, Chapter 10 (Uniform Trust Code), including §4-10-1014 (Certification or Affidavit of Trust), §4-10-501 et seq. (Creditor's Claims; Spendthrift and Discretionary Trusts), §4-10-505 (Qualified Spendthrift Trusts / DAPT). Related: Wyo. Stat. §17-29-101 et seq. (Wyoming Statutory Trust Act).
Certification Requirements
Wyo. Stat. §4-10-1014. Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish a certification or affidavit of trust containing: (i) That the trust exists and the date the trust instrument was executed; (ii) The identity of the settlor; (iii) The identity and address of the currently acting trustee; (iv) The pertinent powers of the trustee; (v) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust; (vi) The authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required to exercise powers of the trustee; (vii) The trust's taxpayer identification number (optional); (viii) The manner of taking title to trust property. (b) Shall be signed or otherwise authenticated by any trustee. (c) Shall state that the trust has not been revoked, modified, or amended in any manner that would cause the representations to be incorrect. (d) Need not contain the dispositive terms of a trust or the trust's taxpayer identification number. (e) Recipient may require the trustee to furnish copies of excerpts from the original trust instrument and amendments which designate the trustee and confer power to act in the pending transaction. (f)-(g) Person acting in reliance without knowledge of incorrectness is not liable and may enforce the transaction against trust property. (h) Person demanding the trust instrument in addition to certification is liable for damages if court determines they did not act in good faith. (j) Does not limit the right to obtain a copy of the trust instrument in a judicial proceeding.
Execution Requirements
Wyo. Stat. §4-10-402 requires trust creation by a written instrument or oral trust established by clear and convincing evidence. The trust instrument does not require notarization or witnesses under the UTC framework, though notarization is recommended for practical purposes. Real property transferred to a trust must be recorded with the county clerk. Certification of trust under §4-10-1014 may be signed or otherwise authenticated by any trustee; no notary or witness requirement is specified. Wyoming also permits qualified spendthrift trusts (DAPTs) under §4-10-505, which require a qualified transfer affidavit sworn to by the settlor.
Business Trust Treatment
Wyoming recognizes statutory trusts under the Wyoming Statutory Trust Act (Wyo. Stat. §17-29-101 et seq.), which provides for a flexible business entity similar to a Delaware statutory trust. A Wyoming statutory trust is a separate legal entity with limited liability for beneficial owners and trustees. Common law business trusts (Massachusetts trusts) are also recognized. The Wyoming Uniform Trust Code (Title 4, Chapter 10) applies to express trusts and does not directly govern statutory business trusts. Wyoming's series LLC statutes (§17-29-201 et seq.) also treat LLC series as separate persons, providing additional business trust-like structures.
Favorable Trust Laws
Wyoming has abolished the Rule Against Perpetuities for qualifying trusts, allowing dynasty trusts to last up to 1,000 years—one of the longest non-perpetual periods in the country. Wyoming has no state income tax, making it extremely favorable for trust income accumulation. The state enacted a Domestic Asset Protection Trust (DAPT) statute under §4-10-505 (qualified spendthrift trusts), allowing self-settled asset protection trusts. The 4-year statute of limitations for fraudulent transfer claims (or 1 year from discovery) provides strong creditor protection. Wyoming also provides privacy protections in judicial proceedings involving trusts. The state supports flexible modification mechanisms including decanting, nonjudicial settlement agreements, and court-supervised modification. Trusts can be created for the care of animals under §4-10-410.
Unique Factors
Wyoming combines no state income tax, a 1,000-year dynasty trust period, DAPT legislation, and strong privacy protections, making it one of the most trust-friendly states. The state adopted the UTC in 2003 but has heavily modified it to create a flexible, settlor-friendly framework. Wyoming's qualified spendthrift trust statute (§4-10-505) requires a qualified transfer affidavit sworn to by the settlor, providing an additional layer of procedural protection. The state's series LLC framework also adds unique business structuring flexibility. Wyoming's geographic privacy protections in judicial proceedings are notable—upon filing of any petition, trust instruments and related documents receive privacy protections.