What Do I Need to Sign My TOD Deed in Wisconsin?
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.
No. Wisconsin does not require witnesses for a TOD deedWis. Stat. 705.15Verified Oct 19, 2026View source.
Yes. Wisconsin requires notarization for a TOD deed to be validWis. Stat. 705.15Verified Oct 19, 2026View source.
Yes. A TOD deed can be executed entirely remotely in Wisconsin: the signing happens in a live video session with an online notary, with no witnesses in the sessionWis. Stat. § 140.145Verified Sep 10, 2026View source.
To execute a TOD deed in Wisconsin: Schedule a notary appointment (in-person or online via RON). Record the deed before death with the Register of Deeds. Include a legal description of the property. Sign remotely in a live video session with an online notary
No. A TOD deed works by being recorded against a specific parcel, so the deed must be a Wisconsin TOD deed recorded in the Wisconsin county where the property sits. A TOD deed signed in another state cannot transfer Wisconsin real property, however it was executed; real estate in more than one state needs a deed for each parcel. The Wisconsin document portability tool carries the recognition rule by document type.
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Free forms for planning your estate in Wisconsin: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
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.
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.
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.
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.
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.
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.
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.
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.
Tools for Planning Your Estate in Wisconsin
Free tools for planning your estate in Wisconsin: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
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.
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.
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.
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 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.
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.
Do I Need a TOD Deed?
Wisconsin authorizes transfer on death deedsWis. Stat. 705.15Verified Oct 17, 2026View source: a recorded, revocable deed that passes real property at death outside probate.
Wisconsin Estate Planning Resources
In-depth guides covering Wisconsin probate laws, trust requirements, and estate planning strategies.
