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Home→Tools→TOD Deed Assessment→Wisconsin

Do I Need a Transfer on Death Deed in Wisconsin?

Answer a few questions about the property to see whether a transfer on death deed applies for avoiding probate on real estate.

Frequently Asked Questions

Yes. Wisconsin allows transfer on death deeds.Wis. Stat. 705.15Verified May 27, 2026 The deed transfers real property to a named beneficiary at death without probate. See how this compares to a trust with the probate calculator.

A transfer on death deed in Wisconsin requires notarization (standard acknowledgment). The signed deed must be recorded at the register of deeds before death to be effective.Wis. Stat. 705.15Verified May 27, 2026

Yes. A transfer on death deedis revocable at any time during the owner's lifetime. Revocation methods in Wisconsin include: Recording a new compliant TOD document under 705.15(2)(a) that revokes the previously recorded document, Recording an instrument of revocation expressly revoking the prior designation, Recording an inter vivos deed expressly revoking the prior designation.Wis. Stat. 705.15Verified May 27, 2026

Wisconsin allows transfer on death deeds for all types of real property, including homes, land, condominiums, and commercial properties.Wis. Stat. 705.15Verified May 27, 2026

Yes. Wisconsin allows multiple beneficiaries on a transfer on death deed. If multiple beneficiaries are named, they take title as tenants in common unless the deed specifies otherwise.Wis. Stat. 705.15Verified May 27, 2026

A transfer on death deed transfers the property directly to the beneficiary at death, bypassing probate for that asset. Other assets not covered by a TOD deed, trust, or beneficiary designation still go through probate. Use the Wisconsin probate calculator to estimate the cost of probating remaining assets.

TOD Deeds in Wisconsin

A transfer on death deed in Wisconsin (YesWis. Stat. 705.15Verified May 27, 2026) lets property owners name a beneficiary who receives the property at death — bypassing probate entirely for that asset. The owner retains full control during their lifetime, including the right to revoke the deed at any time.

Without a TOD deed, real property in Wisconsin passes through probate — a process that takes at least 6 monthsWis. Stat. § 814.66(1)(a)2. (filing fees: $20 ≤$10K, 0.2% over $10K, no statutory cap)Verified May 27, 2026 for simple estates. A TOD deed removes that property from the probate estate entirely. Estates under $50,000§ 867.03Verified May 27, 2026 may qualify for simplified procedures, but a TOD deed avoids the process altogether. See the full cost breakdown with the probate calculator.

TOD deeds are a focused tool — one deed per property, covering only real estate. A revocable trust handles all assets and provides incapacity planning as well. The trust vs. will tool compares the two approaches side by side.

SimplyTrustSimplyTrust Editorial·Updated May 27, 2026

Legal Sources

  • § 867.03
  • Wis. Stat. § 814.66(1)(a)2. (filing fees: $20 ≤$10K, 0.2% over $10K, no statutory cap)
  • Wis. Stat. 705.15

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

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Wisconsin Estate Planning Resources

In-depth guides covering Wisconsin probate laws, trust requirements, and estate planning strategies.

Find out if a TOD deed is right for you

Select your state to see if a transfer on death deed can keep your property out of probate.

This tool provides general information about transfer on death deeds and is not legal advice. TOD deed availability and requirements vary by state. Consult a licensed attorney for guidance specific to your situation.

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