Wisconsin Transfer on Death Deed Lawyers

What Is a Transfer on Death Deed and How Does It Work in Wisconsin?

A transfer on death deed (TOD deed), sometimes called a death deed, is a legal document that allows you to name one or more beneficiaries who will receive ownership of your real property when you pass away. In Wisconsin, this tool lets you transfer real estate directly to heirs without going through probate. The deed is recorded with the county registrar during your lifetime, but it doesn’t transfer ownership until your death. You retain full control of the property, including the right to sell or mortgage it, and can change beneficiaries or revoke the deed at any time.

This simple tool is part of a comprehensive estate plan and can complement other estate planning documents. It’s especially useful for individuals who own a home, cabin, or other real property and want a straightforward way to pass it to children, a spouse, or other loved ones. TOD deeds work for both real property and some personal property; however, they do not replace a will or trust. Instead, they ensure that specific real property avoids probate. To be valid, the deed must meet Wisconsin statutory requirements, including correct legal descriptions, signature by the property owner, and recording before death. By properly drafting and recording the deed, you ensure that your property transfers smoothly to your named beneficiaries.

Benefits of Using a Transfer on Death Deed

One of the primary benefits of a transfer-on-death deed is that it allows property to bypass probate, saving your family time and money. Probate can be lengthy and expensive, especially if the estate includes real estate in multiple counties. With a TOD deed, your beneficiaries receive title to the property directly after you pass, without needing a court’s involvement. This makes transferring property straightforward and keeps matters private, since probate proceedings are public record.

A TOD deed also provides flexibility. You can name multiple beneficiaries and specify how they share the property—for example, in equal shares or specific percentages. You can also designate alternate beneficiaries if a primary beneficiary predeceases you. In addition, because the deed is revocable, you can change your mind by creating a new deed or revoking the existing one. For many property owners, a TOD deed is cost-effective and easy to implement compared to setting up a trust. It can also protect against creditor problems, as the property passes outside probate and may avoid claims on the estate.

If your estate includes both real property and other assets, a TOD deed works well with other planning tools. It ensures that real property transfers quickly, while your will or trust handles the distribution of personal property, financial accounts, and other assets. When combined with a comprehensive estate plan, a TOD deed can be part of a strategy to reduce estate taxes, preserve medicaid benefits, and provide for your beneficiaries’ future.

How a Transfer on Death Deed Fits with Other Estate Planning Documents

A transfer-on-death deed is not a substitute for a will or trust—it’s one component of a larger plan. Your will determines how your personal property, such as vehicles, jewelry, and bank accounts, should be distributed. It also names a personal representative to manage your estate. A living trust can offer more complex control over when and how beneficiaries receive assets. For example, if you want to provide for minor children or protect assets from creditors, a trust might be a better option than a TOD deed.

For married couples, a transfer-on-death deed can work alongside survivorship marital property agreements. Wisconsin’s marital property laws allow spouses to hold property as survivorship marital property, which automatically transfers to the surviving spouse upon death. However, if you want to pass property to children or others, a TOD deed allows you to designate those beneficiaries. You can also use a TOD deed for property owned by multiple people. If you and a sibling own a vacation home, for example, you can each sign separate TOD deeds naming your own heirs.

An experienced estate planning attorney can help you decide whether a TOD deed is right for you and how to integrate it with other documents. They can advise on the order of priority for distributing assets, potential tax implications, and how the deed interacts with medicaid eligibility. Using a TOD deed in conjunction with a will, trust, and durable powers of attorney can create a comprehensive plan that protects your assets and supports your loved ones.

Who Should Consider a Transfer on Death Deed?

A transfer-on-death deed may be ideal if you own real property in Wisconsin and want a simple, cost‑effective way to leave it to beneficiaries. It’s especially useful for people who own a single piece of property—such as a family home or farm—because it avoids the need to put the property into a trust or go through probate. If you have multiple beneficiaries or want to share property among children, a TOD deed allows you to designate specific shares or percentages. People who have blended families or want to leave property to someone other than their spouse may also find a TOD deed helpful.

You should consider a TOD deed if you want to avoid probate, minimize delays, and save on court fees. Keep in mind that a TOD deed does not protect property from creditors, and beneficiaries may still be responsible for mortgage or tax obligations. If you have significant debts or complex family dynamics, a trust might offer better protection and flexibility. It’s also important to note that TOD deeds apply to property only and not to financial accounts or personal belongings. Therefore, you should have a broader estate plan to cover those assets.

If you own property in multiple states, you might need a TOD deed or similar instrument for each property. Not all states allow TOD deeds, so if you relocate or acquire property elsewhere, check the local laws. A Wisconsin attorney can help you determine if a TOD deed meets your needs and whether additional planning tools are necessary.

Choosing the Right Lawyer and Creating Your Transfer on Death Deed

Creating a valid transfer on death deed involves more than filling out a form. You must ensure that the legal description of the property is correct, that the deed includes the proper language for transfer on death, and that it is recorded with the county registrar before you pass away. A lawyer experienced in Wisconsin real estate and estate planning will draft the deed, ensuring compliance with state statutes and that your intentions are clear. They will help you decide whether to list beneficiaries by name or by relationship (such as “my children”) and advise on alternate beneficiaries. They can also ensure that the deed interacts correctly with your other documents, such as wills and trusts, and that it reflects your goals for distributing assets.

A skilled lawyer can also help you consider tax and financial implications. For example, property transferred by a TOD deed receives a step‑up in basis for capital gains tax purposes. They can advise if a revocable trust would offer more benefits, especially if you own multiple properties or have concerns about beneficiaries’ ability to manage real estate. If you own property with someone else, such as a spouse or business partner, your attorney will explain how to coordinate deeds or create reciprocal TOD deeds so each owner’s share passes to their chosen beneficiaries.

At HKK Law Offices, we take a personalized approach to estate planning. We will draft your transfer on death deed, record it properly, and help you update it if circumstances change. We’ll also explain how the deed fits within your broader plan, ensuring that all your documents work together seamlessly. Our goal is to make transferring property as simple and efficient as possible.

Plan Your TOD Deed with HKK Law Offices

A transfer-on-death deed is an effective tool for passing real estate to loved ones while avoiding probate. By working with the experienced team at HKK Law Offices, you can create a legally sound deed that reflects your wishes and provides peace of mind. We’ll guide you through naming beneficiaries, drafting the deed, and recording it with the county registrar. We’ll also help you understand how this tool interacts with your other estate planning documents.If you own property in Wisconsin and want to explore whether a TOD deed is right for you, schedule a complimentary consultation with us. Call HKK Law Offices at (920) 635‑2992 to learn more. Our attorneys are dedicated to helping you protect your assets and provide for your beneficiaries, offering clear advice and responsive service every step of the way.