transfer of property in wisconsin

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Wisconsin Deed Forms

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Updated July 12, 2022

A Wisconsin deed is a document that helps to transfer and convey property from a grantor (the seller) to a grantee (the buyer). The form is a simple 2-page document that describes the two (2) parties along with the property and the purchase price (known as ‘consideration’). The form must then signed, by the Grantor(s) only, in front of a Notary Public. The deed may then be brought to the County Register of Deeds along with the filing fee and the Real Estate Transfer Return .

Laws – Chapter 706. Conveyances of Real Property; Recording; Titles

Real Estate Transfer Return (eRETR) – This form must be filed along with any deed recorded in the State of Wisconsin ( See Instructions ).

Recording ( W.S.A. 706.05 ) – Must be filed with the County Register of Deeds in the jurisdiction of the property being conveyed.

Signing ( W.S.A. 706.06 ) – All signatures by the Grantor(s) must be accompanied by the acknowledgment of a notary public.

General Warranty – Provides guaranteed ownership of the property to the Buyer (the Grantee) with no defects on the title.

Quit Claim – Only transfers the implied ownership interest the Seller may have in the property. Does not guarantee title to the Buyer.

Special Warranty – Guarantees that the title does not have any blemishes or defects during the course of the Seller’s ownership period.

Wisconsin Property Search

When completing a deed, the Legal Description needs to be written on the form. Therefore, you will need to pull the deed information from the County it is located. The numbers you want to obtain are the Tax Map/Lot Numbers, Parcel ID (if any), and the Deed Book and Page Numbers.

Step 1 – Go to This Webpage and select your county.

wisconsin public records list of counties

Step 2 – For this example we will use Milwaukee County (click to launch the viewer on the map). When you go to your County or City Assessor you will want to perform a lookup by the Grantor’s name. That will ensure they in fact own the property and be able to find the Legal Description.

milwaukee county property owner search page

Step 3 – When you have found the property you can find the required information including the Parcel Number and the Legal Description. This can be written in the deed to satisfy the Recorder.

milwaukee county property owner search result page

General Warranty Deed Form Quit Claim Deed Form Create Document

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State of Wisconsin

Department of revenue, real estate transfer data.

Under state law, a Real Estate Transfer Return (RETR) must be electronically filed (e-filed) with the County Register of Deeds when recording a conveyance of real estate.

RETR information may be used to determine a property's market value. The best indicator of market value is a transfer representing an arm's-length transaction.

Characteristics of an arm's-length sale:

Not all Real Estate Transfer Returns represents arm's-length sales:

Search RETR data or Download Historical RETR Data

Note: DOR is not available to provide technical assistance and support in opening compressed files.

Real Estate Transfer Data Fields for above files

March 4, 2023

Volume xiii, number 63.

March 04, 2023

March 03, 2023

March 02, 2023

March 01, 2023

Davis Kuelthau Wisconsin Business Law Firm

Related Practices & Jurisdictions

Use of Transfer on Death (TOD) Deeds Broadened Under New Statute

The Governor recently signed 2018 Wisconsin Act 332, which affects a method to transfer real property without going through a probate proceeding known as a transfer on death (“TOD”) deed. The new law gives clients more options to transfer real property without having to go through a probate proceeding.

A TOD deed does not affect the current ownership of the property but essentially functions like a beneficiary designation would on a life insurance policy or retirement account – it designates who is to receive the property after the current owner’s death or upon the last death of multiple owners. Under the previous law, a person could transfer certain interests in real property to a designated beneficiary and avoid a probate proceeding by designating a beneficiary on a TOD deed. The interests in real property that could be transferred on a TOD deed were interests that were (1) solely owned, (2) owned by spouses as survivorship marital property, or (3) owned by two or more persons as joint tenants. However, the prior law did not allow property held as tenants-in-common to be transferred using a TOD deed.

Owning property as joint tenants mean that the last surviving owner receives the entire property. Owning property as tenants-in-common means that at the death of each owner, the deceased owner has the ability to pass his or her interest in the property to his or her successors, often through a probate proceeding.

Under the new section 705.15(1)(m) of the Wisconsin Statutes, a person may designate a TOD beneficiary in any document, not solely in a deed. Further, the law provides that the interests in real property that may be transferred using a TOD document include an interest in real property owned as tenants-in-common and an interest in real property owned by a spouse as marital property without a right of survivorship.

Additionally, the new law requires that a TOD document and any recording fees must be submitted to the register of deeds in the county where the property is located prior to the death of the owner.

Lastly, the new law creates a statute of limitations for claims to recover real property transferred to a beneficiary using a TOD document. Under the bill, such a claim is barred unless a complaint is filed and a lis pendens (a notice of pending action) is filed or recorded within 120 days after the death of the sole owner or the last to die of the multiple owners who executed the TOD document.

One circumstance where the new law may be useful is for the family cottage. In that case, the parents pass the family cottage to children at their deaths. If the intent is for all the children and grandchildren to continue using the cottage (rather than surviving child taking the whole property), then the parents would want to pass the cottage to their children as tenants-in-common so that each child has an ability to pass his or her interest in the cottage to his or her children. Under the new law, each child can designate in a TOD document that his or her interest in the cottage passes to his or her family upon death. However, we often see that having multiple families and multiple generations owning property tends to become unwieldy. Common issues that arise include who is able to use the cottage during holidays? Who pays for repairs? What happens when an owner cannot or will not chip in his or her fair share? If the cottage will continue to stay in the family, usually transferring the property into a trust or LLC that sets out all of the rules of ownership will be a good solution. You should discuss the use of a TOD document with your attorney as part of your overall estate plan.

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About this Author

Jacqueline Messler, Brookfield WI attorney, estate planning, tax law, and small business law, Davis Kuelthau law firm

Jacqueline Messler’s practice includes estate planning, business succession planning, marital property agreements, guardianships, probate, and trust administration. Jackie regularly advises clients, particularly high net worth individuals, on all aspects of estate planning, including wills, revocable trusts, powers of attorney, irrevocable life insurance trusts, and generation-skipping transfer trusts. Jackie has worked with many clients in blended families. She has also assisted clients in special needs planning, including creating trusts under WisPact and Life...

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COMMENTS

Wisconsin Property Sales Information
Wisconsin Property Sales Information This searchable Real Estate Transfer Return (RETR) database allows you to locate information on property sales in Wisconsin. Five years of RETR data is available to Wisconsin municipal and county officials, local assessors, and the public who need property sales information.
How To Transfer Real Estate in Wisconsin - Burnett County
How To Transfer Real Estate in Wisconsin The transfer of real estate is a legal transaction. The Burnett County Register of Deeds office highly recommends that you enlist the services of an attorney to complete your transfer. If you need to find an attorney, you can call the Lawyer Referral Service at 800-362-9082. If you choose to create and ...
INSTRUCTIONS FOR COMPLETING WISCONSIN’S TRANSFER ... - Wisbar
each county in which the subject real estate is located. The recording of the Affidavit transfers the decedent’s interest in the real ) to the estate (including lien rights Affiant. NOTE: the Register of Deeds may require additional documentation, including a completed Wisconsin Electroniceipt (see c Real Estate Transfer Re
Wisconsin Deed Forms – eForms
A Wisconsin deed is a document that helps to transfer and convey property from a grantor (the seller) to a grantee (the buyer). The form is a simple 2-page document that describes the two (2) parties along with the property and the purchase price (known as ‘consideration’).
DOR Real Estate Transfer Fee - Wisconsin
Real Estate Transfer Return (eRETR) File a return Instructions System overview View Restore Amend Instructions Requirements eRETR training/help eRETR System Login - Assessors & Local Government Officials Instructions Register for WAMS ID and password Search Wisconsin property data Download historical RETR data My Tax Account More online services …
Transfer by Affidavit Form - Wisconsin Court System
Until recently, the Wisconsin Court System’s Records Management Committee (RMC) has maintained a transfer by affidavit form, which is used to transfer property of decedents with estates of $50,000 or less. The State Bar of Wisconsin’s Real Property, Probate and Trust Section (RPPT) has agreed to update and maintain the transfer by
DOR Real Estate Transfer Data - Wisconsin
Real Estate Transfer Data Under state law, a Real Estate Transfer Return (RETR) must be electronically filed (e-filed) with the County Register of Deeds when recording a conveyance of real estate. RETR Data RETR information may be used to determine a property's market value.
New Options To Transfer Property in Wisconsin
The Governor recently signed 2018 Wisconsin Act 332, which affects a method to transfer real property without going through a probate proceeding known as a transfer on death (“TOD”) deed....