Estate Planning for Walworth County, Wisconsin Property Owners

For most Walworth 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 Walworth 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 Walworth 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, Walworth 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 Walworth County

A transfer on death deed names a beneficiary who receives Walworth 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 →Walworth County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Walworth County are recorded with the Register of Deeds at 100 West Walworth Street, Room 102, Elkhorn, WI 53121. Phone: 1-262-741-4233. Hours: Monday-Friday 8:00 AM-4:30 PM.

Documents submitted by mail go to P.O. Box 1001, Elkhorn, WI 53121.

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

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

Recording Office Record

Register of Deeds

Walworth County

Hours

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

Office

100 West Walworth Street, Room 102, Elkhorn, WI 53121

Open in Google Maps

Mail

P.O. Box 1001 Elkhorn, WI 53121

Fax

1-262-741-4947

Verified October 17, 2026 · Source

Estate Planning Attorneys Serving Walworth County

Solo PracticeRacine, WI

Rebecca Mason Law, LLC

Serves 4 counties

Serves Racine, Kenosha, Milwaukee, and Walworth counties from a Main Street office near the Racine County Courthouse. Attorney Rebecca Mason guides personal representatives through Wisconsin probate, represents successor trustees in trust administration, and handles guardianship and protective placement, appearing in the Racine and Kenosha County circuit courts. A solo practice since 2012.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 3 more

Office
245 Main Street, Suite 201Racine, WI 53403
Virtual consultations

FirmMilwaukee, WI

Becker, Hickey & Poster, S.C.

Serves Milwaukee families from its office on East Erie Street. Guides estate administrators through probate for the assets that require it, administers trusts under an existing estate plan, and works to head off disagreements among family members. The firm also handles elder and disability law, public benefits planning, guardianships, and same-sex estate planning.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 3 more

Office
222 E. Erie Street, Suite 320Milwaukee, WI 53202

FirmMilwaukee, WI

Walny Legal Group LLC

Since 2011

Serves Milwaukee and Waukesha County families from downtown Milwaukee, with a second office in Brookfield. Counsels personal representatives, trustees, and beneficiaries through probate and trust administration, and litigates or mediates will contests, undue influence claims, and breach-of-fiduciary-duty disputes. Founder Eido Walny holds the Estate Planning Law Specialist credential.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 7 more

Office
250 East Wisconsin Avenue, Suite 1750Milwaukee, WI 53202

FirmMilwaukee, WI

Wisconsin Estate Planning Attorneys

Serves the Milwaukee area from Mayfair Road, with a second office in West Bend. A division of Karp & Iancu, S.C. that drafts wills, revocable trusts, powers of attorney, healthcare directives, and asset-protection and business succession plans at flat fees published on its site, with consultations and drafting available by Zoom or phone.

PracticesEstate PlanningAsset ProtectionBusiness Succession

Office
933 N. Mayfair Road, Suite 325Milwaukee, WI 53226
Free consultationVirtual consultations

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

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
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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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Free

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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