At a glance
| TOD / beneficiary deed | Available |
|---|---|
| Instrument | Transfer-on-death deed |
| Governing law | Wis. Stat. § 705.15 Wis. Stat. § 705.15 — Nonprobate transfer of real property on death · created 2005 |
| Recording | Must be recorded before the owner's death |
| Revocation | Record another deed naming a different beneficiary or none |
| Community-property state | Yes |
How the deed works
Wisconsin allows a nonprobate transfer of real property at death under Wis. Stat. § 705.15. Rather than a stand-alone uniform TOD deed, Wisconsin lets an owner designate a "TOD beneficiary" on a recorded deed — using the words "transfer on death" or "pay on death," or the abbreviation "TOD" or "POD" — so the interest passes without probate to the beneficiary who survives all owners. The designation can appear on the original deed or be added later by executing and recording another deed.
The section covers real property owned by one individual, a fractional tenant-in-common interest, marital-property and survivorship-marital-property interests, and joint-tenancy interests. If the interest is owned by a spouse as marital property, both spouses who have an interest must sign. The designation is not effective unless the document, with any required recording fees, is submitted for recording to the register of deeds in the county where the property is located before the death of the sole owner (or the last surviving owner).
This is educational information, not legal advice. Because Wisconsin's marital-property rules shape who must sign and what passes, an attorney licensed in Wisconsin or another financial professional can confirm the correct designation for a particular property.
Recording & execution requirements
A transfer-on-death deed only works if it is executed and recorded correctly. In Wisconsin:
- Recording before death: Must be recorded before the owner's death.
- Governing statute: Wis. Stat. § 705.15 Wis. Stat. § 705.15 — Nonprobate transfer of real property on death · created 2005.
Changing or revoking the deed
The TOD beneficiary designation does not affect ownership while the owner is alive and may be canceled or changed at any time, without the beneficiary's consent, by executing and recording another deed that designates a different beneficiary or no beneficiary. As with the original designation, the change must be recorded with the register of deeds before the owner's death to be effective.
Mortgages, Medicaid & community property
Existing mortgages and liens
A TOD transfer passes the property subject to all mortgages, liens, and other encumbrances existing at the owner's death. The beneficiary takes title burdened by those obligations, and secured creditors keep their claims against the property.
Medicaid estate recovery
A nonprobate TOD transfer does not automatically escape Medicaid estate recovery. Wisconsin operates an expanded estate-recovery program that can reach certain nonprobate property, and the exact scope depends on current state rules, so an owner or beneficiary connected to Medicaid (BadgerCare Plus / long-term care) benefits should confirm the treatment with the Wisconsin Department of Health Services before relying on the designation.
Community property
Wisconsin is a community-property state. Wisconsin is a marital-property (community-property-style) state under its Marital Property Act, so spouses generally share ownership of marital property. Section 705.15 reflects this: when the interest is a spouse's marital property, both spouses who have an interest must sign the TOD designation, and survivorship marital property may already pass to the surviving spouse. Coordinating the designation with the couple's marital-property classification is essential.
State-specific quirks
Both spouses must sign for marital property
Where the interest is owned as marital property, Wis. Stat. § 705.15 requires the signatures of both spouses who have an interest. A designation signed by only one spouse on marital property can fail, so couples should confirm how the property is classified before recording.
It's a designation on a deed, recorded before death
Wisconsin's mechanism is a TOD/POD beneficiary designation placed on a recorded deed, not a separate uniform TOD-deed form. The designation — or any later change — must be submitted for recording to the county register of deeds before the owner's death, or it has no effect.
Where to read next
- Wisconsin estate & inheritance tax — whether Wisconsin taxes what you leave behind, and the small-estate probate ceiling, each figure cited to the statute.
- The Executor & Heir’s Guide — the probate deadlines for Wisconsin, cited to the controlling statute.
- Funding a revocable trust — a common way to keep many kinds of property out of probate.
- ← Back to the transfer-on-death deed comparison
Sources & methodology
Methodology & sources
The cited rules come from Wisconsin’s code or legislature when available, otherwise from a codified copy of the state code. Confirm any unresolved point with the county recorder. Deed-form vendors and roundups are not sources. See our editorial standards.
General information, not legal advice. Medicaid estate recovery, mortgage terms, and co-ownership can affect whether a transfer-on-death deed works as intended. An attorney licensed in Wisconsin can assess your situation.
Last verified July 26, 2026.