Estate Planning for Dane County, Wisconsin Property Owners

For most Dane County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

Record a TOD deedWhere to recordLocal attorneys

For a Dane County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Circuit Court. The two tools that keep a Dane County home out of probate are a transfer-on-death deed recorded with the Register of Deeds, and a revocable living trust that holds title to the property.

Without a recorded beneficiary designation or a trust, Dane County property passes through the Circuit Court — even simple Wisconsin probates run 6+ months and start with about $36 in filing fees.

Record a Transfer-on-Death Deed in Dane County

A transfer on death deed names a beneficiary who receives Dane County property automatically at the owner's death, without probate. It is recorded with the Register of Deeds during the owner's lifetime and can be revoked at any time.

Before recording, a Wisconsin transfer on death deed is signed with notary acknowledgmentWis. Stat. 705.15Verified Oct 19, 2026View source. The deed takes effect only if it is recorded before the owner's deathWis. Stat. 705.15Verified Oct 19, 2026View source.

Create a Wisconsin TOD deed →Dane County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Dane County are recorded with the Register of Deeds at 210 Martin Luther King Jr Boulevard, Room 110, Madison, WI 53703. Phone: 1-608-267-1519. Hours: Monday-Friday 8:00 AM-4:00 PM.

Documents submitted by mail go to P.O. Box 1438, Madison, WI 53701-1438.

The Register of Deeds charges $30 flat, regardless of page count. Recording a 2-page transfer on death deed in Dane County comes to $30. A transfer on death deed is exempt from transfer tax.

Dane County accepts electronic recording through CSC, ePN, Hopdox, Indecomm and Simplifile.

Recording Office Record

Register of Deeds

Dane County

Hours

Monday-Friday 8:00 AM-4:00 PM

Office

210 Martin Luther King Jr Boulevard, Room 110, Madison, WI 53703

Open in Google Maps

Mail

P.O. Box 1438 Madison, WI 53701-1438

Verified October 17, 2026 · Source

Estate Planning Attorneys Serving Dane County

FirmMadison, WI

Axley LLP

Since 1885 · Serves 2 counties

Serves Dane and Waukesha counties from offices in Madison and Waukesha. Represents fiduciaries, families, and beneficiaries in formal and informal probate, post-mortem trust administration, and fiduciary tax returns, and litigates will contests, challenges to a personal representative or trustee, and declaratory judgments, alongside adult and minor guardianships. Founded in Madison in 1885.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 6 more

Office
2 East Mifflin Street, Suite 200Madison, WI 53703

FirmFort Atkinson, WI

Russell Law Offices, S.C.

Since 2009 · Serves 9 counties

Offices in Fort Atkinson and Jefferson, in Jefferson County, among a dozen across southern Wisconsin. Its probate practice files and serves probate documents, handles intestacy proceedings, coordinates personal representatives, trustees and beneficiaries, and mediates and litigates disputes, alongside guardianship and conservatorship. Nathan Russell founded the firm in 2009.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 4 more

Office
79 North Main StFort Atkinson, WI 53538

FirmMilwaukee, WI

Reinhart Boerner Van Deuren s.c.

Since 1894 · Serves 3 counties

Serves Milwaukee, Waukesha, and Madison from Reinhart's Wisconsin offices. The Trusts and Estates group counsels trustees and personal representatives through administration, handles probate court filings and hearings, and prepares estate and fiduciary income tax returns; its fiduciary litigation attorneys handle will and trust contests and fiduciary removal actions. Founded in 1894.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 3 more

Office
1000 N Water Street, Suite 1700Milwaukee, WI 53202

FirmMonroe, WI

Schluesche Fields S.C.

Serves 4 counties

Serves Green, Dane, Lafayette, and Rock counties from Monroe, with a second office in New Glarus. Takes personal representatives step by step through probate after a death, and handles elder law work — Medicaid applications, crisis planning, and irrevocable trusts that protect assets from nursing home costs.

PracticesEstate PlanningProbateElder LawAsset ProtectionMedicaid Planning

Office
250 N. 18th Avenue, Suite 106Monroe, WI 53566

FirmMilwaukee, WI

von Briesen & Roper, s.c.

Since 1904 · Serves the whole state

Serves Wisconsin from seven offices in the state, led by Milwaukee and Madison. The Trusts and Estates group handles formal and informal probate, post-mortem trust administration, claims against estates and trusts, and estate tax returns, and represents personal representatives, trustees, and beneficiaries in will contests, trust disputes, and contested guardianships. Founded in 1904.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 9 more

Office
411 East Wisconsin Avenue, Suite 1000Milwaukee, WI 53202

FirmOregon, WI

Krause Estate Planning & Elder Law Center

Since 1999 · Serves the whole state

Serves families across Wisconsin from offices in Oregon and Madison in Dane County and Brookfield in Waukesha County. Helps executors and personal representatives administer estates, from locating assets to paying debts and distributing to beneficiaries, and offers mediation and litigation for disputes among heirs. Founder Dan Krause is a Board Certified Estate Planning Law Specialist.

PracticesEstate PlanningProbateProbate LitigationElder Lawand 6 more

Office
116 Spring StreetOregon, WI 53575
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Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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Legal Sources

Data sourced from Wisconsin statutes and official state code. How we research.

Forms for Planning Your Estate in Wisconsin

Free forms for planning your estate in Wisconsin: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Wisconsin.

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Last Will and Testament

In Wisconsin, a will is signed before 2Wis. Stat. § 853.03Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyWis. Stat. § 853.03Verified Oct 19, 2026View source.

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Codicil to a Will

In Wisconsin, a codicil is signed before 2Wis. Stat. § 853.03Verified Oct 19, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyWis. Stat. § 853.04; Wis. Stat. § 851.31Verified Oct 25, 2026View source.

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Healthcare Power of Attorney

Wisconsin requires 2Wis. Stat. § 155.30Verified Jul 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredWis. Stat. § 155.30Verified Jul 15, 2026View source.

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HIPAA Release

In Wisconsin, a HIPAA release names who may receive your records and, as the state requires, names HIV/AIDS-related informationWis. Stat. § 252.15(1)(ac), (3m)(a), (3m)(b) (1989 a. 201; renumbered and amended by 2009 a. 209)Verified Jun 19, 2026View source expressly before a provider releases it.

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Financial Power of Attorney

Wisconsin treats a power of attorney as durable by defaultWis. Stat. § 244.05Verified Sep 20, 2026View source, and it is signed with no witness or notary requirementWis. Stat. § 244.05Verified Sep 20, 2026View source.

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Transfer on Death Deed

In Wisconsin, a transfer on death deed is signed before a notaryWis. Stat. 705.15Verified Oct 19, 2026View source, then recorded with the county before the owner's deathWis. Stat. 705.15Verified Oct 19, 2026View source. Wisconsin does not recognize a Lady Bird deed.

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Living Will

In Wisconsin, the living will is the Declaration to Health Care Professionals (Wisconsin Living Will)Wis. Stat. ch. 154, subch. II (§§ 154.02-154.15), with definitions in § 154.01Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.

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Pour-Over Will

In Wisconsin, a pour-over will is signed before 2Wis. Stat. § 853.03Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.

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Tools for Planning Your Estate in Wisconsin

Free tools for planning your estate in Wisconsin: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Wisconsin.

How Do I Sign Estate Documents?

In Wisconsin, a will is signed before 2Wis. Stat. § 853.03Verified Oct 19, 2026View source witnesses, and notarization is not requiredWis. Stat. § 853.03Verified Oct 19, 2026View source.

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Will My Estate Documents Transfer?

Wisconsin recognizes a will signed under the law of the place where it was signedWis. Stat. § 853.05Verified Oct 19, 2026View source; a will signed in Wisconsin itself needs 2Wis. Stat. § 853.03Verified Oct 19, 2026View source witnesses, and notarization is not requiredWis. Stat. § 853.03Verified Oct 19, 2026View source.

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Trust or Will: Which Costs Less?

In Wisconsin, a will-based plan pays probate attorney fees of typically 1.8%Modeled estimate under Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source to 2.9%Modeled estimate under Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.

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How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in Wisconsin runs $3,320Estimate: 10 hours at $332, Clio's Wisconsin Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,980Estimate: 15 hours at $332, Clio's Wisconsin Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.

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How Much Does a Will Cost?

An attorney-prepared will in Wisconsin runs $981Estimate: 3 hours at $327, Clio's Wisconsin Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,962Estimate: 6 hours at $327, Clio's Wisconsin Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $22,090Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys)Verified Sep 9, 2026View source.

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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

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How Do I Name a Guardian for My Minor Children?

In Wisconsin, a parent names a guardian for a minor child in a will or a separate signed writingWis. Stat. § 48.9795(2)(c)1 (parent nomination of guardian of the PERSON, by will or other written instrument; "the court shall appoint the person nominated ... unless ... not in the child's best interests"); § 54.15(6) (parent will nomination of guardian of the ESTATE, via § 48.9795(2)(b)1); § 853.03 (will execution)Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18Wis. Stat. § 990.01(20)Verified Sep 16, 2026View source.

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Do I Need a Revocable Trust?

Probate in Wisconsin takes 6 months to 9 months for a simple estate and charges attorney fees of typically 1.8%Modeled estimate under Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source to 2.9%Modeled estimate under Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source of the estate; assets held in a revocable trust skip both.

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