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.
Estate Planning for Waukesha County, Wisconsin Property Owners
For most Waukesha 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 Waukesha 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 Waukesha 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.
Skipping this planning step means the Circuit Court decides who receives the property: a simple Wisconsin probate takes 6+ months and opens with about $36 in court filing fees.
Record a Transfer-on-Death Deed in Waukesha County
A transfer on death deed names a beneficiary who receives Waukesha 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 Waukesha County are recorded with the Register of Deeds at 515 West Moreland Boulevard, Room AC110, Waukesha, WI 53188. Phone: 1-262-548-7585. Hours: Monday-Friday 8:00 AM-4:00 PM.
The Register of Deeds charges $30 flat, regardless of page count. A 2-page transfer on death deed costs $30 to record in Waukesha County. A transfer on death deed is exempt from transfer tax.
Waukesha County accepts electronic recording through Simplifile, CSC, ePN, Indecomm and Hopdox.
Recording Office Record
Register of Deeds
Waukesha County
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
515 West Moreland Boulevard, Room AC110, Waukesha, WI 53188
Website
Fax
1-262-548-7576
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 Waukesha County
Serves Waukesha County, including Brookfield and Oconomowoc, from Pewaukee Road in Waukesha. Handles probate administration from court filings through distribution, assists trustees with accountings, taxes, and distributions, and adds Title 19 planning, special needs trusts, and guardianship guidance. Attorney Matthew DeMark pairs the legal work with tax preparation.
Serves West Bend and Washington County, plus Dodge, Sheboygan, Milwaukee, Ozaukee, Fond du Lac, and Waukesha counties. Guides personal representatives and successor trustees through formal and informal probate and trust administration, and handles will and trust contests involving undue influence, lack of capacity, or breach of fiduciary duty. Practicing in West Bend since 1933.
Serves Waukesha County and southeastern Wisconsin from its Moreland Boulevard office in Waukesha. Represents personal representatives and trustees in probate and trust administration, advises them during will contests and beneficiary disputes, and handles estate and trust litigation, guardianships and conservatorships for disabled adults, and Medicaid planning. In Waukesha for more than 35 years.
Serves Ozaukee, Milwaukee, Washington, Sheboygan, and Waukesha counties from Mequon, with a Sheboygan office by appointment. Handles probate, trust administration fiduciary litigation when an estate or trust ends up in court, and guardianships, including challenges to a guardian. The firm concentrates on elder and special needs law; the first meeting is billed hourly.
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.
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.
