Do I Need a Vehicle Transfer on Death Designation in Wisconsin?

Answer a few questions about how your vehicle is titled to see whether a transfer-on-death designation applies for avoiding probate on a vehicle.

Frequently Asked Questions

No. Wisconsin does not offer a vehicle transfer-on-death designation. Wisconsin does not authorize a transfer-on-death or beneficiary designation on a vehicle certificate of title. Neither the Nonprobate Transfers at Death chapter (Wis. Stat. ch. 705, which covers real property, farm implements, and securities but not vehicles) nor the Vehicle Title and Anti-Theft Law (Wis. Stat. ch. 342) contains such a provision, and the Wisconsin DOT/DMV offers no TOD or beneficiary title option. A vehicle is transferred after the owner's death through the surviving-spouse/domestic-partner transfer (Wis. Stat. 342.17(4)(b)), the heir/small-estate transfer for solely-owned property not exceeding $50,000 (Wis. Stat. 342.14(3m) and 867.03), or personal-representative papers when the estate exceeds that threshold.

Because Wisconsin does not offer a vehicle TOD designation, the vehicle transfers through: Surviving spouse or domestic partner transfer: the department transfers the decedent's interest in a vehicle to the surviving spouse or domestic partner on a statement of the date of death, vehicle value, and personal liability for the decedent's debts to the extent of the vehicle value (Wis. Stat. 342.17(4)(b)). Submit form MV2300 with the title and form MV1., Heir / small-estate transfer: an heir who is not a surviving spouse or domestic partner may transfer a vehicle when a Wisconsin decedent leaves solely-owned property not exceeding $50,000 in value, using form MV2300 (Statement of Transfer of Vehicles to or by a Surviving Family Member, Domestic Partner, or Heir) with form MV1 and the certificate of title (Wis. Stat. 342.14(3m), 867.03)., Personal-representative transfer: when the decedent's solely-owned property exceeds $50,000, the personal representative signs the title as seller and submits a copy of the personal representative papers with the title application and fees, in lieu of form MV2300 (Wis. Stat. 342.17(4)(a))., Joint ownership: a vehicle titled in joint names passes to the surviving co-owner outside probate under general Wisconsin title rules.. To keep other assets out of probate, SimplyTrust sets up a revocable trust online.

Without a vehicle TOD option, a Wisconsin vehicle typically passes through the estate unless it is jointly titled or held in a trust, or qualifies for a small-estate transfer. Compare your options with the trust vs. will comparison.

Wisconsin Estate Planning Resources

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