In Wyoming, the Qualified Transfer Affidavit is not just a formality—it is a statutory requirement under W.S. § 4-10-523. Without this sworn statement, the assets you move into your Wyoming Statutory Trust (WST) may not receive the “spendthrift” protection (asset protection) that Wyoming law provides.
Below is a template that reflects the specific requirements of the Wyoming Uniform Trust Code.
QUALIFIED TRANSFER AFFIDAVIT
(Wyo. Stat. § 4-10-523)
STATE OF [Insert State] )
COUNTY OF [Insert County] ) ss.
I, [Your Full Legal Name] (the “Settlor”), being first duly sworn upon my oath, depose and state as follows:
- Authority: I have full right, title, and authority to transfer the property (the “Property”) described in the attached Letter of Assignment to the [Name of Trust] (the “Trust”).
- Solvency: The transfer of the Property to the Trust will not render me insolvent.
- Intent: I do not intend to defraud any creditors by transferring the Property to the Trust.
- Court Actions: I do not have any pending or threatened court actions against me, except for those specifically identified in an exhibit attached to this affidavit [Note: If none, write “None”].
- Administrative Proceedings: I am not involved in any administrative proceedings, except for those specifically identified in an exhibit attached to this affidavit [Note: If none, write “None”].
- Child Support: At the time of this transfer, I am not in default of any child support obligation by more than thirty (30) days.
- Bankruptcy: I do not contemplate filing for relief under the provisions of the federal Bankruptcy Code.
- Legality: The Property being transferred to the Trust was not derived from any unlawful activities.
- Liability Insurance: I currently maintain, and shall continue to maintain, personal liability insurance of at least One Million Dollars ($1,000,000.00) OR coverage equal to the fair market value of the total qualified transfers to the Trust, whichever is less.
DATED this ____ day of ____________, 2026.
[Your Printed Name], Settlor
NOTARY ACKNOWLEDGMENT
Subscribed and sworn to (or affirmed) before me this ____ day of ____________, 2026, by [Your Full Legal Name].
Notary Public
My Commission Expires: ______________
Crucial Filing Instructions:
- The Insurance Rule: Note item #9. Wyoming law is unique in requiring that you maintain $1M in liability insurance (or the value of the assets) to use these protections. This is to ensure you aren’t using the trust to “bankrupt” yourself and leave potential victims with no recourse.
- Timing: This affidavit should be signed at the same time or before you execute the Letter of Assignment.
- Retention: You do not typically file this with the Wyoming Secretary of State. Instead, you must deliver the original to your Wyoming Trustee. They are required to keep this in the trust’s records in Wyoming to prove the transfer was “qualified.”
Would you like me to explain how to properly notify your creditors to start the “statute of limitations” clock for your asset protection?