Detailed answer: How to re-record or update a joint-survivorship deed after co-owners died (WI)

Short answer: If the recorded deed created a joint tenancy with right of survivorship (or used similar survivorship language), ownership usually passes automatically to the surviving co-owner(s) at death. To show that change in the public record you typically record a certified copy of the death certificate plus an affidavit of survivorship or affidavit of death of joint tenant with the county Register of Deeds. If the deed did not create survivorship rights, or the last surviving owner also died, you may need to open probate or use Wisconsin’s court procedures to transfer title.

Step 1 — Confirm what the recorded deed says and who holds title

Start by getting a copy of the recorded deed from the county Register of Deeds where the property is located. The deed wording controls. Look for phrases such as “joint tenants with right of survivorship,” “with right of survivorship,” or “to A and B as joint tenants.” Those phrases generally indicate survivorship title. If the deed instead says “tenants in common,” there is no automatic survivorship transfer.

Example (hypothetical): Susan and Mark’s deed states they hold “as joint tenants with right of survivorship.” Mark dies. Susan is typically the sole owner by operation of law.

Step 2 — Obtain certified death certificate(s)

Obtain a certified (official) copy of the death certificate for the co-owner who died. The Register of Deeds office normally requires a certified copy rather than an informal photocopy. In Wisconsin, the Department of Health Services explains how to order certified vital records: Wisconsin DHS — Vital Records.

Step 3 — Prepare an affidavit that the surviving owner(s) can record

Many Wisconsin counties accept a short recorded affidavit (often titled “Affidavit of Death of Joint Tenant” or “Affidavit of Survivorship”) that:

• identifies the decedent and surviving owner(s),
• describes the recorded deed (date, book/page or document number, county),
• states that the deed created joint tenancy with survivorship and that the named co-owner died, and
• attaches a certified copy of the death certificate.

Counties may have sample forms or filing instructions; check with the local Register of Deeds. The affidavit is typically signed and notarized before recording.

Hypothetical affidavit wording (illustrative only): “I, Susan Smith, state that I am the surviving joint tenant under the deed recorded in [County], Wisconsin, Document No. X, dated [date]. [Name of co-owner] died on [date]. A certified copy of the death certificate is attached. By reason of survivorship, I am now the sole owner.”

Step 4 — Record the affidavit and death certificate with the Register of Deeds

Take or mail the notarized affidavit plus the certified death certificate to the county Register of Deeds where the deed is recorded. Pay the recording fees. Once recorded, the public land records will show the change in ownership; title companies and tax authorities can use the recorded affidavit as evidence of the survivorship transfer.

When the simple affidavit route won’t work

Record an affidavit only if:

• The deed clearly created survivorship rights, and
• There is at least one surviving joint tenant who claims sole ownership, and
• No competing claims or liens prevent a straightforward record update.

You may need court involvement (probate or other proceedings) when:

• The deed did not grant survivorship (tenancy in common).
• The last surviving joint tenant also died — title may now belong to the decedent’s estate and could require probate or another transfer method.
• There are disputes among heirs or adverse claims.
• There are unpaid mortgages, liens, or tax issues that complicate title transfer.

For guidance on estate administration and formal probate procedures in Wisconsin, see the Wisconsin Courts self-help pages: Wisconsin Courts — Estate & Probate Information.

If probate is required

If the property must pass through probate, the personal representative or executor will transfer title under court supervision. Probate can be straightforward or complex depending on the estate assets, creditors, and heirs. If the estate is small, there may be simplified procedures; county court clerks or the Wisconsin Courts website can explain local process steps.

Notify other parties and update records

After recording the affidavit or completing probate: update property tax records, inform mortgage lenders (if any), and notify the title insurer if you have a title policy. If a mortgage exists, the lender may still have an interest and must be contacted about loan responsibility or payoff.

When to talk to an attorney

Hire an attorney when title is unclear, other heirs dispute the transfer, the last joint tenant died, there are complicated liens/mortgages, or you are unsure which procedure to use. An attorney can prepare properly worded affidavits, represent you in probate court, or bring a quiet-title action if needed.

Statutes and official sources (where to look)

• Wisconsin statutes and code — official statute website: Wisconsin Legislature Statutes (search for probate and property-recording provisions).
• Vital records (ordering certified death certificates): Wisconsin DHS — Vital Records.
• County recording rules, forms, and fees: contact the county Register of Deeds or check the Wisconsin Register of Deeds Association: WRDA.
• Probate and estate information: Wisconsin Courts — Estate & Probate.

Practical example (hypothetical)

Facts: Jill and Tom hold a house recorded on January 1, 2010, as “Jill A. Jones and Tom B. Jones, as joint tenants with right of survivorship.” Tom dies on April 1, 2025. Jill should:

1. Get Tom’s certified death certificate from Wisconsin DHS.
2. Get a copy of the recorded deed (from the county Register of Deeds).
3. Prepare a notarized Affidavit of Death of Joint Tenant identifying Tom, the deed document number, and attaching the certified death certificate.
4. Record the affidavit and certified death certificate at the county Register of Deeds and pay fees.
5. Notify the mortgage company, property tax office, and any title insurer.

After recording, Jill will have public evidence of sole ownership by survivorship.

Helpful hints

• Always use a certified death certificate when recording; counties commonly require it.
• Call the county Register of Deeds before drafting forms — counties sometimes provide sample affidavit forms and will tell you exact recording fees and margin requirements.
• If you can’t find survivorship language in the deed, do not assume automatic transfer—get a title search or legal advice.
• If the last surviving joint tenant died, start by contacting the local probate court clerk — property may belong to the estate.
• Recording an affidavit updates the public record but does not eliminate unknown liens; obtain a title search if you plan to sell or refinance.
• Keep originals of recorded documents in a safe place and give copies to the mortgage company, tax assessor, and heir(s) as appropriate.
• If multiple heirs claim the property or if the deed is ambiguous, consider consulting a real property attorney promptly.

Disclaimer: This article explains general legal concepts under Wisconsin law for educational purposes only and is not legal advice. For advice about a particular situation, contact a licensed Wisconsin attorney.