What Happens to Jointly Owned Property in Wisconsin When an Owner Dies?
When a joint owner dies in Wisconsin, what the survivor records is the “Termination of Decedent’s InterestWisconsin Register of Deeds Association form HT-110 and TOD-110, Version 6.21.18Verified Oct 26, 2026View source”.
Wisconsin names the “Termination of Decedent’s InterestWisconsin Register of Deeds Association form HT-110 and TOD-110, Version 6.21.18Verified Oct 26, 2026View source”. Wisconsin law names an application to the register of deeds that terminates a deceased joint tenant’s interest, published as the Termination of Decedent’s Interest form. The applicant swears to it and records it with a copy of the deed and the property tax billWis. Stat. § 867.045(1)Verified Oct 26, 2026View source.
Who may sign, in the statute's words: Any person interested in the property, who signs the application and verifies it under oath; for survivorship marital property, the decedent’s spouse, or any interested person once 90 days pass after the death without a proceeding to confirm the interestWis. Stat. § 867.045(1)Verified Oct 26, 2026View source. The document is sworn before a notary public, who completes the juratWis. Stat. § 867.045(2)Verified Oct 26, 2026View source.
What the statute has it state: the name and address of the decedent; the name and address of the surviving joint tenant; the date of the decedent’s death; the applicant’s interest in the property; the current legal description of the property, in one of the manners Wis. Stat. § 59.43(2s)(a) lists, imprinted on the application or attached to it; the reason for exemption from the real estate transfer fee, stated on the face by reference to Wis. Stat. § 77.25(11)Wis. Stat. § 867.045(1)Verified Oct 26, 2026View source. Attached when recorded: a copy of the property tax bill for the year before the year of death, or the most recent property tax bill, unless the register of deeds and the county real property lister have agreed to waive its recording; a copy of the deed that created the joint tenancyWis. Stat. § 867.045(1)(j)Verified Oct 26, 2026View source.
Filed with the Termination of Decedent’s InterestWisconsin Register of Deeds Association form HT-110 and TOD-110, Version 6.21.18Verified Oct 26, 2026View source: Wisconsin Electronic Real Estate Transfer ReturnWis. Stat. § 77.22(1); Wis. Dep’t of Revenue, Real Estate Transfer Return Common QuestionsVerified Oct 26, 2026View source.
Wisconsin's survivorship vestings are joint tenancy and survivorship marital property. A deed to spouses alone that expresses a joint tenancy, made after the marital property law's determination date, holds the home as survivorship marital propertyWis. Stat. § 867.045; Wis. Stat. § 867.046(2); Wis. Stat. § 700.17(2)(a)Verified Oct 26, 2026View source.
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Learn moreForms for Settling an Estate in Wisconsin
Free forms for settling an estate in Wisconsin: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Notice to Creditors
In Wisconsin, the notice to creditors is published for 3Wis. Stat. §§ 859.01, 859.02, 859.07, 859.25Verified Oct 19, 2026View source weeks in a local newspaper, and creditors have 4 monthsWis. Stat. § 859.01 (3-4 month deadline set by court)Verified Sep 9, 2026View source from the personal representative's appointment to present claims.
Affidavit of Heirship
In Wisconsin, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs areWis. Stat. §§ 706.05, 706.06, 706.09(1)(i); WisDOT Form MV2300Verified Sep 24, 2026View source.
Small Estate Affidavit
In Wisconsin, the Transfer by Affidavitsmall estate: § 867.03Verified Sep 9, 2026View source covers estates valued at $50,000small estate: § 867.03Verified Sep 9, 2026View source or less, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Wisconsin, the personal representative files the estate inventory within 180 daysWis. Stat. §§ 858.01, 858.13, 858.15, 858.17Verified Sep 15, 2026View source of appointment.
Estate Closing
In Wisconsin, the personal representative is discharged automatically once the statutory period runsWis. Stat. §§ 865.16(2), 865.18, 863.47Verified Sep 15, 2026View source, and a final accounting is required.
Tools for Settling an Estate in Wisconsin
Free tools for settling an estate in Wisconsin: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In Wisconsin, certified death certificates come from the Wisconsin Department of Health Services - Vital Records OfficeWisconsin Department of Health Services - Vital Records OfficeVerified Oct 15, 2026View source; the first copy costs $20Wisconsin Department of Health Services - Vital Records OfficeVerified Oct 15, 2026View source, additional copies $3Wisconsin Department of Health Services - Vital Records OfficeVerified Oct 15, 2026View source each.
Do I Need Probate?
In Wisconsin, estates valued at $50,000small estate: § 867.03Verified Sep 9, 2026View source or less skip probate with the Transfer by Affidavitsmall estate: § 867.03Verified Sep 9, 2026View source.
Do I Have to File Tax Returns for Someone Who Died?
Wisconsin requires a final state income tax return for the decedent alongside the federal Form 1040Wis. Stat. § 71.06(1r), (2e)(bm); Wis. Stat. § 71.05(22)(dp), (dt)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate in Wisconsin: the personal representative files the estate inventory within 180 daysWis. Stat. §§ 858.01, 858.13, 858.15, 858.17Verified Sep 15, 2026View source of appointment; creditors have 4 monthsWis. Stat. §§ 859.01, 859.02, 859.07, 859.25Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
What Do I Do When Someone Dies?
After a death in Wisconsin, the estate either qualifies for the simplified procedure for estates under $50,000small estate: § 867.03Verified Sep 9, 2026View source or goes through probate, where creditors have 4 monthsWis. Stat. § 859.01 (3-4 month deadline set by court)Verified Sep 9, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
Wisconsin levies no estate or inheritance taxWis. Stat. § 72.36 (Sunset; 2013 Wis. Act 20) — the ch. 72 estate tax "does not apply to deaths occurring after December 31, 2012, unless the federal estate tax law is modified to provide a federal estate tax credit for state death taxes." Ch. 72 remains on the books as a dormant federal-credit (pickup) tax that computes to $0, not a repealed one. Wisconsin has no inheritance tax for decedents dying on or after January 1, 1992 and no gift tax for gifts made on or after January 1, 1992 (WI DOR, Estates, Trusts, and Fiduciaries common questions).Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Wisconsin imposes no inheritance or estate taxWis. Stat. § 72.36 (Sunset; 2013 Wis. Act 20) — the ch. 72 estate tax "does not apply to deaths occurring after December 31, 2012, unless the federal estate tax law is modified to provide a federal estate tax credit for state death taxes." Ch. 72 remains on the books as a dormant federal-credit (pickup) tax that computes to $0, not a repealed one. Wisconsin has no inheritance tax for decedents dying on or after January 1, 1992 and no gift tax for gifts made on or after January 1, 1992 (WI DOR, Estates, Trusts, and Fiduciaries common questions).Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
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Wisconsin Estate Settlement Resources
In-depth guides covering Wisconsin probate, estate administration, and settling an estate.