Wyoming Statutes

Wyo. Stat. § 34-2-122 (2026)

Notice of trust or representative capacity of

✓ current as of May 2026

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grantee.

In all instruments conveying real estate, or interests therein,
in which the grantee is described as trustee, agent, or as in
any other representative capacity, the instruments of conveyance
shall also define the trust or other agreement under which the
grantee is acting. In all instruments conveying real estate, or
interests therein, in which the grantee is described as a trust,
the instrument of conveyance shall also define the trust or
other instrument and shall be deemed to have vested title in the
trustee or trustees of the trust. For purposes of this section,
it shall be sufficient to define a trust by providing in the
text of the instrument the name of the trustee or trustees and
the name of the trust, the date of the trust or other agreement,
or by referring by proper description of the affecting record
book, page, document number or file, to the instrument, order,
decree or other writing, which is of public record in the county
in which the land so conveyed is located and in which the
required information appears; otherwise the description of a
grantee in any representative capacity in each instrument of
conveyance shall be considered and held to be a description of
the grantee, only, and shall not be notice of any trust, agency
or other representative capacity of the grantee who shall be
held as vested with the power to convey, transfer, encumber or
release the affected title. Whenever the grantee shall execute
and deliver a conveyance, transfer, encumbrance or release of
the property in a representative capacity, it shall not
thereafter be questioned by anyone claiming as a beneficiary
under the trust or agency or by anyone claiming by, through or
under any undisclosed beneficiary. Trust property in the name of
the trustee, agent or representative and owned only in that
capacity shall not be subject to execution for the grantee's
individual obligations.

Notes of Decisions

Cited in 9 cases, 1997–2016 · leading case: Royal v. First Interstate Bank (In re Trierweiler), 484 B.R. 783 (10th Cir. BAP 2012).

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Royal v. First Interstate Bank (In re Trierweiler), 484 B.R. 783 (10th Cir. BAP 2012). · cites it 19× “Wyo. Stat. Ann. § 34-2-122 does not render the Mortgage ineffective as security for the Note.”

In Re: Ralph Gifford & Betty J. Gifford, Debtors: Gary A. Barney, Tr. v. Bac Home Loans Servicing, L.P., Its Assigns & Successors, 2013 WY 54 (Wyo. 2013). · cites it 15× “Specifically, the bankruptey court asks whether the mortgage must comply with Wyo. Stat. Ann. §§ 34-2-122 and 34-2-128.”

Lagae v. Lackner, 996 P.2d 1281 (Colo. 2000). “”); Wyo. Stat. § 34-2-122 (1999) (“Trust property in the name of the trustee, agent or representative and owned only in that capacity shall not be subject to execution for the grantee’s individual obligations.”

Royal v. First Interstate Bank (In Re Trierweiler), 570 F. App'x 766 (10th Cir. 2014). · cites it 2× “For the first time on appeal, the Trustee argued before the BAP that the mortgage was also unenforceable because it did not comply with the unique notice requirements of two Wyoming statutes, Wyo. Stat. §§ 34-2-122 and -123, which primarily deal with conveyances to trusts.”

Matter of Est. of Lohrie, 950 P.2d 1030 (Wyo. 1997). “§§ 34-2-122 and 123, amended in 1992, required the deed from Alexander and Marguerite Lohrie to their trust to identify the trustee and beneficiaries by name and include the date of the trust's creation.”

Barney v. Bank of Am., N.A., 651 F. App'x 792 (10th Cir. 2016). · cites it 4× “The parties filed cross motions for summary judgment and following a hearing, the bankruptcy court certified the following question to the Wyoming Supreme Court: “Whether the mortgage must comply with the statutory requirements of Wyo.”

In re: Gifford (10th Cir. 2016). · cites it 3× “The parties filed cross motions for summary judgment and following a hearing, the bankruptcy court certified the following question to the Wyoming Supreme Court: “Whether the mortgage must comply with the statutory requirements of Wyo.”

Bank of Am., N.A. v. United States Bankr. Court for the Dist. of Wyoming - Cheyenne (10th Cir. BAP 2015). · cites it 2× “19 After a hearing, the bankruptcy court certified the following question to the Wyoming Supreme Court: “Whether the [M]ortgage must comply with the statutory requirements of Wyo. Stat. §§ 34-2-122 and 34-2-123.”20 In December 2012, before the Wyoming Supreme Court had rendered…”

In re the Est. of Lohrie, 950 P.2d 1020 (Wyo. 1997). · cites it 2× “Next, Copeland contends that the Session Laws of Wyoming, 1947, Chapter 154, which are now Wyo. Stat. §§ 34-2-122 and 123, amended in 1992, required the deed from Alexander and Marguerite Lohrie to their trust to identify the trustee and beneficiaries by name and include the…”

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