Attorney Chelsea A. Whitley's office sits inside the Noah Insurance building on Keller Avenue in Amery, Polk County. She guides executors, personal representatives and beneficiaries through Wisconsin probate, including estates without a will, creditor claims, property title transfers and disputes among heirs, and drafts wills and powers of attorney beside a bankruptcy practice established in 2007.
Estate Planning for Polk County, Wisconsin Property Owners
For most Polk 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 Polk 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 Polk 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, Polk 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 Polk County
A transfer on death deed names a beneficiary who receives Polk 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 Polk County are recorded with the Register of Deeds at 100 Polk County Plaza, Suite 160, Balsam Lake, WI 54810. Phone: 1-715-485-9240. Hours: Monday-Friday 8:30 AM-4:30 PM.
The Register of Deeds charges $30 flat, regardless of page count. Recording a 2-page transfer on death deed in Polk County comes to $30. A transfer on death deed is exempt from transfer tax.
Polk County accepts electronic recording through Simplifile.
Recording Office Record
Register of Deeds
Polk County
Phone
Hours
Monday-Friday 8:30 AM-4:30 PM
Office
100 Polk County Plaza, Suite 160, Balsam Lake, WI 54810
Website
E-recording
Fees
Recording fees
| Flat fee (any length) | $30 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
Wis. Stat. 59.43(2)(ag)
Verified October 17, 2026 · Source
Estate Planning Attorneys Serving Polk County
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.
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.
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.
Serves clients throughout Wisconsin from offices in Appleton and Green Bay. Helps personal representatives through informal and formal probate, protects other beneficiaries' interests in disputes over estate administration, and brings will contests. Also handles adult and minor guardianships and elder-law and Medicaid planning. Estate planning consultations are offered at no charge.
A general-practice firm on Packerland Drive in Green Bay that represents clients throughout Wisconsin and appears regularly in Brown, Outagamie, Winnebago, Door, and other Northeast Wisconsin county courts. Its estate work is drafting: wills, revocable living trusts, durable and healthcare powers of attorney, and living wills. Founded in 1997 by Shane Laughton Brabazon; Spanish is spoken.
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.
Legal Sources
(2)·
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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Wisconsin Estate Planning Articles
Estate planning articles for Wisconsin.
