How to Transfer Property to a Child After a Spouse’s Death in Wisconsin | Wisconsin Probate | FastCounsel
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How to Transfer Property to a Child After a Spouse’s Death in Wisconsin

Detailed Answer

When a property owner dies, transferring title so a child becomes the recorded owner depends on how the property was titled, whether the estate needs probate, and what county recording requirements apply. Below is a clear, step-by-step explanation of the common paths under Wisconsin practice and the documents you will typically need.

Step 1 — Confirm how title was held

Locate the recorded deed to see the form of ownership. Typical possibilities:

  • Joint owners with right of survivorship (e.g., “John and Mary Doe, joint tenants”) — the surviving owner automatically owns the property on the decedent’s death.
  • Tenants in common — each owner has a distinct share and the deceased owner’s share passes according to the will or by intestacy (statutory succession) if there is no will.
  • Sole ownership (deed only in the decedent’s name) — the property becomes part of the decedent’s estate and will pass by will or by intestate succession.

If title included a right of survivorship, a new deed may not be strictly required to give legal ownership to the survivor, but recording evidence that the co-owner died (e.g., a death certificate and an affidavit of survivorship) helps clear title for lenders and future sales.

Step 2 — Get certified copies of the death certificate

Order one or more certified death certificates from the Wisconsin Vital Records office or the county health department. Most recording offices and title companies require a certified copy when removing a deceased owner from the chain of title. See Wisconsin DHS for how to obtain certified copies: DHS Vital Records.

Step 3 — Decide whether probate or an informal transfer process is required

Which process applies depends on the title and on whether the decedent left a valid will:

  • If property passed by right of survivorship, no probate is needed to transfer that surviving owner’s interest, though you may need to record documents evidencing the death.
  • If the decedent owned the property solely, the personal representative (executor/administrator) appointed by the probate court must transfer title unless you qualify to use a simplified or small-estate procedure.
  • Wisconsin has court-supervised probate and some simplified procedures. For information and forms, see the Wisconsin Courts probate/self-help pages: Wisconsin Courts — Estates & Probate.

Step 4 — Use the appropriate transfer document

Common documents used to update title:

  • Affidavit of Survivorship or Death Certificate recorded with the existing deed — when co-ownership with survivorship exists. This clears title and shows the survivor as sole owner.
  • Deed from the personal representative (or executor under the will) to the child — when the estate is opened in probate. The deed must be signed by the personal representative, notarized, and often reference the probate case number.
  • Deed from heirs (e.g., if the estate is settled informally) to the child — if heirs agree and the estate allows a deed transfer without formal administration.
  • Small-estate affidavit or summary procedures (if applicable) — some limited transfers can occur without full probate; check Wisconsin procedures and county rules to see if you qualify.

Step 5 — Prepare a proper deed

A valid deed should include:

  • Correct legal description of the property (not just the street address). Use the description from the existing recorded deed.
  • Names of grantor(s) and grantee(s) as they should appear on title.
  • Consideration statement (can be nominal, e.g., “$1 and other good and valuable consideration”).
  • Signature of the grantor (personal representative or surviving owner), notarized per Wisconsin requirements.
  • If applicable, reference to the probate case number and court that appointed the personal representative.

Step 6 — File required county forms and record the deed

Record the new deed and any supporting documents (death certificate, affidavit of survivorship, letters testamentary/administration, or small-estate affidavit) with the county Register of Deeds where the property is located. Each county sets recording fees and may have local requirements or index formats; contact the county Register of Deeds or visit their website before arriving. The Wisconsin Register of Deeds Association provides links to county offices: WRDA.

Step 7 — File any required transfer notices or tax forms

After recording, you may need to file a real estate transfer return or other county/state forms; check with the county Register of Deeds or the county treasurer to confirm any transfer reporting requirements. Also notify the local assessor and property tax office so property tax billing continues to the correct owner.

When probate is needed

If the decedent owned the property solely and no survivorship applies, a probate case usually must be opened so the court can appoint a personal representative who has authority to convey the property. The personal representative signs a deed transferring property to the beneficiary (the child). Wisconsin Courts provide guides and forms for opening probate: Wisconsin Courts — Estates & Probate.

Practical examples (hypothetical)

Example A — House titled “Alice and Bob Smith, joint tenants”:

  1. Obtain Alice’s certified death certificate.
  2. Record the death certificate and an affidavit of survivorship with the county Register of Deeds to show Bob as sole owner.
  3. If Bob wants to deed the property to his child, Bob executes and records a deed conveying his interest to the child.

Example B — House titled only in Alice’s name and Alice dies intestate (no will):

  1. Open a probate case unless a small-estate procedure applies.
  2. The court appoints a personal representative. The representative obtains authority (letters) and executes a deed transferring the property to the child as the heir.
  3. Record the personal representative’s deed with the probate case number and supporting documents.

Common mistakes to avoid

  • Recording an invalid or improperly notarized deed — the register of deeds will often reject such documents.
  • Failing to include the full legal description — that can create title problems.
  • Assuming survivorship exists without checking the recorded deed language.
  • Transferring property without required court authority if probate is necessary.

Where to get forms and more information

Final advice

Title work and probate issues can be technical. A short consultation with a probate or real estate attorney or with the county Register of Deeds can prevent costly mistakes. If creditors, taxes, or disputes among heirs may arise, you should consult a lawyer for tailored legal guidance.

Disclaimer: This article provides general information about Wisconsin procedures and is not legal advice. For legal advice about a specific situation, consult a licensed Wisconsin attorney.

Helpful Hints

  • Start by pulling the recorded deed from the county Register of Deeds to confirm the exact words of ownership.
  • Order at least two certified death certificates — one for recording and one for other tasks (bank, title company).
  • Contact the county Register of Deeds before recording to confirm their requirements and fees.
  • If you expect to transfer title to a child, get the exact legal description from the existing deed; the assessor or title company can also provide it.
  • Keep careful records of all recorded documents and the probate case number (if any).
  • When in doubt about whether probate is required, consult the court’s self-help resources or an attorney — mistakenly skipping probate can cloud title.
  • Ask the county treasurer or assessor how a transfer affects property taxes and exemptions (e.g., homestead or veterans’ exemptions).

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.