How to Transfer Real Estate From a Decedent to a Beneficiary in Wisconsin
When someone dies in Wisconsin, there may be real estate that needs to be transferred to beneficiaries upon the death of the decedent. If the estate requires formal probate, the court will order the transfer of real estate when the estate is closed. There are, however, three situations in which you can transfer real estate without the need for formal administration of the estate. If the estate value is less than $50,000, you may transfer the real estate by affidavit. In addition, if the real estate was jointly held with rights of survivorship or if the real estate was titled as a "transfer on death", or TOD, then you may effect transfer by completing the appropriate forms with the register of deeds.
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Instructions
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Obtain a certified copy of the decedent's death certificate. You may apply for the certificate in person, by mail or by fax through the Wisconsin Department of Health Services. You will need to show the certificate to the Register of Deeds when filing to transfer real estate.
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Locate the deed to the property to determine how the property is titled. If the property is jointly held, then you need to look for an indication that it includes rights to survivorship. Likewise, if it is held as a "transfer on death" title, the deed should clearly indicate so.
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Value the estate. If the real estate does not qualify as jointly held with rights of survivorship or transfer on death, you may still be able to transfer the property without formal probate if the estate value is under $50,000.
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Acquire the appropriate form. Forms are available through the Wisconsin Register of Deeds Association as well as though many courts. For a rights of survivorship transfer you must complete an "Application for the Termination of Decedent's Interest and Confirmation of Applicant's Interest in Property" form. For a transfer on death, you must complete a "Transfer on Death to Beneficiary Form." For transfers based on the value of the estate, you must complete a "Transfer by Affidavit" form.
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Sign the appropriate form in front of a notary public and make a copy for your records.
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Record the form at the Register of Deeds in the county where the real estate is located.
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Tips & Warnings
Locate the parcel number of real estate before you begin as you may need to include it on the form. The parcel number is usually located on a tax bill; or you may contact the county tax authority for the number.
Make sure you include an accurate legal description of the property. You should find the legal description on the deed; however, they can be long and include many numbers, so make sure you transfer it accurately.
