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Wisconsin Transfer on Death Deed Guide
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Wisconsin Transfer on Death Deed Guide

How a Wisconsin transfer on death deed works under Wis. Stat. 705.15: name a real estate beneficiary, record it before death, and skip probate for it.

By Settled Editorial

Wisconsin lets you name a beneficiary for your real estate who takes the property automatically when you die, without probate for that property. The tool is a transfer on death deed, often shortened to TOD deed or beneficiary deed. It runs under Wis. Stat. 705.15, titled "Nonprobate transfer of real property on death."

If you own a home in Wisconsin and want it to pass to a specific person without a court process, this guide explains what the deed does, how to record it, how to revoke it, and where it falls short.

What a Wisconsin TOD Deed Does

A TOD deed designates a beneficiary to receive your real property at your death. You keep full ownership while you are alive. The statute is clear on this: "The designation of a TOD beneficiary on a document does not affect ownership of the property until the death of the sole owner." (See Wis. Stat. 705.15.)

Here is what that means in plain terms:

  • You can sell the property, refinance it, or rent it out without asking the beneficiary.
  • You can change your mind and name a different beneficiary at any time.
  • The beneficiary gets no rights and no ownership stake until you die.
  • At your death, the property passes to the named TOD beneficiary outside probate.

Because the property skips probate, the beneficiary does not need to open a court estate just to clear title to that one parcel. That can save time and cost compared with running real estate through the county Register in Probate.

How It Compares to Other Wisconsin Tools

A TOD deed is one of several ways to keep real estate out of probate in Wisconsin. It is the simplest for a single parcel, but it is not always the best fit.

MethodProbate AvoidedControl During LifeBest For
TOD deed (Wis. Stat. 705.15)Yes, for that parcelFullOne property, one or more beneficiaries
Revocable living trustYesFullMultiple assets, privacy, out-of-state property
Joint ownership with survivorshipYesSharedAdding a co-owner who survives you

A trust can hold many assets and add control over how heirs receive them. A TOD deed handles one piece of real estate cleanly. For a fuller comparison, see the Wisconsin revocable living trust guide and the national will vs. trust overview.

How to Execute and Record the Deed

The TOD deed only works if you record it correctly during your life. Two requirements decide whether it is effective.

Step 1: Prepare the Designation

The document names the TOD beneficiary and identifies the real property. The statute lets you designate a beneficiary for several ownership types, including property you own individually, a fractional interest you hold as a tenant in common, marital property, survivorship marital property, and a joint tenancy interest. (See Wis. Stat. 705.15.)

One Wisconsin specific matters here. Wisconsin is a marital property state, so if the interest is marital property, the designation needs "the signatures of both spouses who have an interest in the marital property." Plan for both spouses to sign if the home is marital property.

Step 2: Record Before Death

This is the rule that trips people up. The designation is not effective unless the document and the recording fees "are submitted for recording to the register of deeds office of the county in which the real property is located before the death of the sole owner." (See Wis. Stat. 705.15.)

Recording after death does not work. A deed sitting in a drawer, signed but never recorded, has no effect, and the property passes through probate or by other title rules instead. Record the document with the register of deeds in the right county while you are alive.

Step 3: At Your Death

When you die, "ownership of the interest in the real property passes, subject to any lien or encumbrance against the real property, to the designated TOD beneficiary." (See Wis. Stat. 705.15.)

The "subject to any lien or encumbrance" part is worth reading twice. A mortgage rides along with the house. The beneficiary takes the property still owing whatever you owed on it, and must either keep paying the loan or refinance.

How to Revoke or Change a TOD Deed

You keep complete power to undo a TOD deed while you are alive. The beneficiary has no say. Wisconsin gives you three ways to revoke a recorded designation, and each one has to be recorded before your death:

  1. Record a new TOD designation that names a different beneficiary for the property.
  2. Record a formal instrument of revocation.
  3. Record an inter vivos deed, meaning a regular deed that transfers the property during your life.

The pattern is the same as the original deed: a revocation only counts if it makes it onto the public record before you die. A change you sign but never record does not undo the recorded TOD deed.

You also cannot revoke a TOD deed by will. Leaving the property to someone else in your will does not override a recorded TOD designation, since the designation passes the property outside the will entirely.

What a TOD Deed Does Not Do

It Does Not Protect You From Creditors During Life

While you are alive, you still own the property in full, so your creditors can reach it as they normally could. The TOD deed does not shield the home from liens or judgments during your lifetime. And because the beneficiary takes the property subject to any lien or encumbrance, debts secured against the home follow it to the beneficiary.

It Does Not Stop Medicaid Estate Recovery

This is the part to plan around carefully. Wisconsin runs a Medicaid Estate Recovery Program that seeks to recover what the state paid for certain long-term care services. The program reaches beyond probate property. State materials describe how the program checks whether the deceased member's name was on a deed to real estate "including a life estate deed and/or transfer-on-death deed," and how the Department of Health Services sends its affidavit to the beneficiaries of nonprobate property. (See Wisconsin Estate Recovery Program.)

In short, a TOD deed does not, by itself, put the home out of reach of Wisconsin estate recovery. The recovery reaches it because the recovery statutes define a decedent's property broadly: Wis. Stat. 49.496(1)(cm) and 49.849 cover property passed by survivorship, a life estate, a revocable trust, or any other arrangement, and they let the state collect from nonprobate property. There is a hardship process. Wisconsin Administrative Code DHS 108.02 sets standards for when recovery would create an undue hardship for an heir, beneficiary, or co-owner, with criteria like the property being used in the applicant's business or the applicant otherwise qualifying for need-based aid. (See Wis. Admin. Code DHS 108.02.)

If you receive Medicaid for long-term care, or there is a real chance you will need it, talk with an elder law attorney before relying on a TOD deed to pass your home.

It Does Not Replace a Full Estate Plan

A TOD deed covers one parcel of real estate. It does nothing for your bank accounts, your vehicles, your personal belongings, or your wishes if you become incapacitated. It works best as one piece of a plan that also includes a Wisconsin power of attorney for finances, a Wisconsin advance directive for medical decisions, and either a will or a trust for everything else.

Naming More Than One Beneficiary

You can name more than one TOD beneficiary. If you do, spell out how they take the property and consider naming a backup in case a beneficiary dies before you. A clear designation avoids confusion at the register of deeds and avoids a fight among heirs later.

Think through what happens if a named beneficiary predeceases you. Without a backup, that beneficiary's share can fall back into your probate estate, which defeats part of the reason for the deed in the first place. Confirm the exact language with the register of deeds or an attorney before you record.

How This Fits Into Your Estate Plan

A TOD deed is a focused tool. Here is how to think about where it belongs:

  • Use it when you have one property and one clear recipient, and you want to keep that property out of probate for free.
  • Pair it with POD and TOD designations on your accounts so the rest of your estate also skips probate. The how to avoid probate in Wisconsin guide maps out the other tools.
  • Reach for a trust instead when you own property in more than one state, want privacy, or want to control how and when heirs receive value. See the Wisconsin revocable living trust guide.
  • Start with the Wisconsin estate planning basics guide if you are building a plan from scratch.

Worth noting on cost: Wisconsin has no state estate tax and no state inheritance tax. The estate tax does not apply to deaths on or after January 1, 2008. (See Wisconsin Department of Revenue, Estate Tax.) So a TOD deed is about avoiding probate and clearing title, not about saving on a state death tax.

Frequently Asked Questions

Does the beneficiary have to agree to the TOD deed?

No. The beneficiary does not sign the designation and does not gain any rights until you die. You can record, change, or revoke the deed without telling the beneficiary.

What happens to the mortgage?

It stays with the house. The statute passes the property to the beneficiary subject to any lien or encumbrance, so the beneficiary inherits the mortgage along with the home and must keep paying it or refinance.

Can I still sell the property after recording a TOD deed?

Yes. The deed has no effect while you are alive, so you keep full control. Selling the property simply removes it from the reach of the TOD designation.

What if I want to change the beneficiary later?

Record a new TOD designation, a formal revocation, or a regular deed before your death. Any of the three revokes the earlier designation, as long as it is recorded while you are alive.

The Bottom Line

A Wisconsin transfer on death deed under Wis. Stat. 705.15 is a clean, low-cost way to pass one piece of real estate to a chosen beneficiary without probate. You keep full control while you live, you can revoke it any time, and the property moves automatically at death.

Two rules carry the whole tool. The designation must be recorded with the register of deeds before you die, and if the property is marital property, both spouses must sign. Watch the two limits as well: the beneficiary takes the home subject to any mortgage, and a TOD deed does not block Wisconsin Medicaid estate recovery. If long-term care is in the picture, get advice before you rely on it. When you are ready to record, confirm the form and steps with the register of deeds for the county where the property sits, and review the broader Wisconsin probate guide so the rest of the estate is covered too.

Official Sources

Sources

This guide is general information, not legal advice. Consult a qualified attorney about your situation. It is not legal advice.

Information current as of June 19, 2026

This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Wisconsin can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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