Detailed Answer
When a person dies owning real estate, their heirs often need to convey that property to a buyer or co‐heir. Under Wisconsin law, a deed executed by a court‐appointed personal representative (executor or administrator) usually accomplishes this transfer. Common deed types include:
- Personal Representative’s Deed (also called an Executor’s Deed or Administrator’s Deed): Issued by the estate’s executor (if there’s a valid will) or administrator (if intestate). This deed conveys title once the probate court authorizes the sale. See Wis. Stat. § 867.03 for the representative’s power to sell real estate (§ 867.03).
- Fiduciary’s Deed: A form of deed defined at Wis. Stat. § 706.02 that fiduciaries (including personal representatives) use to transfer real estate interests (§ 706.02).
Key steps to execute and record the deed:
- Probate Authorization: Obtain court approval or letters testamentary/administration proving the representative’s authority (Wis. Stat. § 867.01).
- Prepare the Deed: Draft the personal representative’s deed or fiduciary’s deed. Include the decedent’s name, description of the property, grantee’s name, and recital of authority.
- Signatures and Acknowledgment: The personal representative signs before a notary public, who then acknowledges the signature.
- Attach Documentation: Include a certified copy of the letters testamentary or administration and, if required, an affidavit of death or a certified copy of the death certificate.
- Record with Register of Deeds: Submit the deed package in the county where the real estate is located. Pay applicable recording fees and real estate transfer taxes. The county register of deeds records the instrument under Wis. Stat. § 59.43 (§ 59.43) and indices it under the decedent’s name and property description.
Recording Time: Recording can usually occur immediately after submission. However, allow several days for indexing.
Disclaimer: This information is for educational purposes and does not constitute legal advice. Consult a licensed attorney to address your specific situation.
Helpful Hints
- Confirm whether you need ancillary probate if the property lies outside Wisconsin.
- Verify the exact legal description of the property to avoid recording errors.
- Check local county register of deeds websites for fee schedules and recording requirements.
- Retain certified copies of all probate documents to ensure clear title transfer.
- Consider consulting a real estate attorney to review deed language and recording steps.