Estate Planning for Marathon County, Wisconsin Property Owners

For most Marathon 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.

For a Marathon 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 Marathon 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, Marathon 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 Marathon County

A transfer on death deed names a beneficiary who receives Marathon 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.

Where to Record Property Documents

Deeds and other real property documents for Marathon County are recorded with the Register of Deeds at 500 Forest Street, Wausau, WI 54403. Phone: 1-715-261-1470. Hours: Monday-Friday 8:00 AM-4:30 PM.

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

Marathon County accepts electronic recording through Simplifile.

Recording Office Record

Register of Deeds

Marathon County

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

500 Forest Street, Wausau, WI 54403

Fax

1-715-261-1488

Verified October 17, 2026 · Source

Estate Planning Attorneys Serving Marathon County

FirmStevens Point, WI

Anderson O'Brien, LLP

Since 1886 · Serves 6 counties

Serves Portage, Wood, Marathon, Waushara, Adams, and Waupaca counties from Main Street in Stevens Point, in practice since 1886. Handles informal and formal probate, summary settlements, special administrations, settlement of revocable and irrevocable trusts, and estate and fiduciary tax returns, plus guardianships and conservatorships.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 5 more

Office
1257 Main StreetStevens Point, WI 54481

FirmWausau, WI

Eaton Law, LLP

Four-attorney firm on Grant Street in Wausau. Handles informal and formal probate, termination of a decedent's joint, life-estate, and marital property interests, transfer by affidavit for small estates, and trust administration, plus challenges to estate documents over competency or undue influence and breach-of-duty claims against personal representatives and trustees.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 2 more

Office
513 Grant StreetWausau, WI 54403

FirmStevens Point, WI

Lauterbach Legal LLC

Since 2014

Stevens Point trusts and estates firm founded in 2014, with a second office in Wisconsin Rapids. Settles probate estates and trusts through final accountings, tax filings, and distributions, and litigates will and trust interpretation, breach of fiduciary duty, undue influence, and disputes over who serves as fiduciary. Publishes its fee ranges: most settlements fall between $5,000 and $15,000.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 4 more

Office
106 McDill Avenue, Suite 100Stevens Point, WI 54481

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
Free consultation

FirmMadison, WI

Murphy Desmond S.C.

Since 1931 · Serves the whole state

Serves clients throughout Wisconsin from offices in Madison, Janesville, Appleton, and Dodgeville. Advises executors on probate administration and handles trust administration, guardianships and protective placement, and litigation over contested wills and trusts, breach of fiduciary duty, undue influence, and creditor claims in estate proceedings. Founded in Madison in 1931.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 7 more

Office
33 East Main Street, Suite 500Madison, WI 53703
See all 16 firms serving Marathon County →

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?

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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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