Disclaimer: This article is for education only and does not constitute legal advice.
Detailed Answer
When a person dies in Wisconsin, determining whether a vehicle transfer must go through probate turns on how the title is held and whether the decedent used a transfer-on-death designation or other nonprobate method. The estate includes all property owned solely by the decedent at death unless law or a valid document directs otherwise.
Step 1: Check Vehicle Title and Ownership
Review the title record with the Wisconsin Department of Transportation (WisDOT). If the decedent held the vehicle solely in their name without a transfer-on-death (TOD) designation or joint ownership with rights of survivorship, the vehicle typically becomes estate property subject to probate.
Step 2: Examine Transfer-on-Death Designation
Wisconsin law allows a vehicle owner to name a beneficiary to receive the vehicle upon death. Under Wis. Stat. § 341.09, a properly executed TOD form on file with WisDOT transfers the vehicle directly to the named beneficiary outside of probate. Confirm that the form complies with statutory requirements and was in effect before death.
Step 3: Review Joint Ownership Arrangements
If the decedent co-owned the vehicle as joint tenants with rights of survivorship, the surviving owner receives full title automatically. Such joint ownership triggers a nonprobate transfer, and the vehicle does not become estate property.
Step 4: Consider Trust or Gift Transfers
A vehicle held in a valid revocable or irrevocable trust passes under trust terms without probate. Likewise, an inter vivos gift may remove the vehicle from the estate if the decedent had no interest at death. Watch for attempted gifts made shortly before death, as those may face challenges in probate for creditor or tax reasons.
Step 5: Estate Administration and Probate
If none of the nonprobate methods applies, the vehicle is estate property. The personal representative must inventory and may sell or distribute the vehicle following probate rules. See Wis. Stat. § 852.01 (probate estate defined) and Wis. Stat. § 858.01 (personal representative duties).
Helpful Hints
- Obtain a title history from WisDOT to confirm ownership and TOD filings.
- File any TOD beneficiary form before title notices or estate administration begins.
- Keep original trust documents or gift deeds accessible to prevent probate delays.
- Confirm joint tenancy rights in the title paperwork for survivorship transfers.
- Consult a probate attorney promptly to guide estate administration steps.