Quitclaim Deeds and Transferring Property in Wisconsin
How to sign and record a quitclaim or other deed in Wisconsin, and whether you can use a transfer-on-death deed to avoid probate.
Short answer: A deed must identify the parties, the land and the interest conveyed, be signed by each grantor (and by both spouses if it conveys a married person's homestead, except between spouses), and be delivered. Wis. Stat. § 706.02; § 706.05; § 706.06; § 77.22; § 77.25
| Signing and recording a deed | A deed must identify the parties, the land and the interest conveyed, be signed by each grantor (and by both spouses if it conveys a married person's homestead, except between spouses), and be delivered. To be recorded with the county register of deeds, the signatures must be authenticated, either by notarial acknowledgment or by authentication by a Wisconsin attorney or an officer entitled to administer oaths, and the document must include a full legal description. A real estate transfer return must be filed and a transfer fee of 30 cents per $100 of value paid by the grantor at recording unless an exemption applies (for example, transfers between spouses, between parent and child for nominal consideration, or by will, descent or survivorship). |
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| Transfer-on-death deed | Yes. An owner may designate a 'TOD beneficiary' for real property in a document that names the owner(s) and beneficiary and states that the transfer is effective only at death; for marital property, both spouses must sign. The document must be recorded with the register of deeds in the county where the property is located before the owner's death (or the last owner's death). It has no effect on ownership during life and may be revoked by a later recorded and acknowledged instrument. It requires the same mental capacity as a will. Claims to recover the property from the beneficiary are generally barred unless an action is filed, and a lis pendens recorded, within 120 days after death. Section 705.15 was most recently amended by 2025 Wis. Act 60. No real estate transfer fee is due to designate a TOD beneficiary or on the transfer at death (Wis. Stat. § 77.25). Source: Wis. Stat. § 705.15 |
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FAQ
What does a quitclaim deed need to be valid in Wisconsin?
A deed must identify the parties, the land and the interest conveyed, be signed by each grantor (and by both spouses if it conveys a married person's homestead, except between spouses), and be delivered. To be recorded with the county register of deeds, the signatures must be authenticated, either by notarial acknowledgment or by authentication by a Wisconsin attorney or an officer entitled to administer oaths, and the document must include a full legal description. A real estate transfer return must be filed and a transfer fee of 30 cents per $100 of value paid by the grantor at recording unless an exemption applies (for example, transfers between spouses, between parent and child for nominal consideration, or by will, descent or survivorship).
Does Wisconsin allow transfer-on-death deeds?
Yes. An owner may designate a 'TOD beneficiary' for real property in a document that names the owner(s) and beneficiary and states that the transfer is effective only at death; for marital property, both spouses must sign. The document must be recorded with the register of deeds in the county where the property is located before the owner's death (or the last owner's death). It has no effect on ownership during life and may be revoked by a later recorded and acknowledged instrument. It requires the same mental capacity as a will. Claims to recover the property from the beneficiary are generally barred unless an action is filed, and a lis pendens recorded, within 120 days after death.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.