Wisconsin Transfer-on-Death Deed

At a glance

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

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