867.045 Administrative joint tenancy or life estate termination for certain property. (1) Upon the death of any person having an interest as a joint tenant or life tenant in any real property or in the vendor’s interest in a land contract or a mortgagee’s interest in a mortgage, any person interested in the property may obtain evidence of the termination of that interest of the decedent by providing to the register of deeds of the county in which such property is located, on an application supplied by the register of deeds for that purpose, the name and address of the decedent and of the surviving joint tenant or remainder beneficiary, the date of the decedent’s death, and the applicant’s interest in the property. A person providing an application to the register of deeds under this subsection shall sign the application and verify, under oath, the correctness of the information provided in the application. The applicant shall also provide to the register of deeds the following information: (j) In the case of real property, a copy of the property tax bill for the year preceding the year of the decedent’s death, or a copy of the most recent property tax bill, and a legal description of the property, which description shall be imprinted on or attached to the application. The register of deeds shall record the bill. The required recording of the property tax bill may be waived by an agreement between the register of deeds and the county real property lister. (k) In the case of a joint tenancy or life estate, a copy of the deed that creates the interest. (2) The register of deeds or other person authorized under s. 706.06 or ch. 140 shall complete a statement at the foot of the application, declaring that the applicant appeared before him or her and verified, under oath, the correctness of the information required by sub. (1). (4) Upon the recording, the application shall be presumed to be evidence of the facts recited and shall terminate the joint tenancy or life estate, all with the same force and effect as if issued by the court assigned to exercise probate jurisdiction for the county of domicile of the decedent under s. 867.04. This application shall not constitute evidence of payment of any death tax which may be due, the payment for which shall remain an obligation of the surviving joint tenant or remainder beneficiary. (5) If a decedent’s interest in a joint tenancy or life estate is terminated under this section and then acquired from the surviving joint tenant or remainder beneficiary by a purchaser or lender in good faith, for value and without actual notice that the termination was improper, the purchaser or lender takes title free of any claims of the decedent’s estate and incurs no personal liability to the estate, whether or not the termination was proper. Purchasers and lenders have no duty to inquire whether a termination was proper. History: 1973 c. 41, 84, 90; 1975 c. 127, 200, 262, 421; 1977 c. 449 ss. 422, 497; 1981 c. 299, 376, 391; 1987 a. 27; 1991 a. 133; 1995 a. 182; 2005 a. 41, 216; 2015 a. 48; 2017 a. 334; 2019 a. 125, 127; 2025 a. 60. Cross-reference: See s. 865.20 which provides an alternative method of termination of joint tenancy. The termination of a joint tenancy in a vendee’s interest in a land contract may be perfected of record under the procedure in this section. OAG 1-97. This section neither requires that all remainderpersons appear before the register of deeds to verify information contained in a form executed to meet the requirements of this section nor to complete the form before it may be recorded. OAG 2-98.
867.046 Summary confirmation of interest in property. (1) DEFINITIONS. In this section: (a) “Beneficiary of a marital property agreement” means a
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designated person, trust or other entity having an interest in property passing by nontestamentary disposition under s. 766.58 (3) (f). (b) “Survivorship marital property” means property held under s. 766.60 (5) (a). (c) “TOD beneficiary” means a person designated on a deed as a transfer on death beneficiary under s. 705.15 or a person designated on a document as a transfer on death beneficiary under s. 705.18. (1m) UPON DEATH; GENERALLY. If a domiciliary of this state dies who immediately prior to death had an interest in property in this state, including an interest in survivorship marital property or an interest in property passing under s. 705.10 (1) or 705.18 (2), or if a person not domiciled in this state dies having an interest in property in this state, including an interest in survivorship marital property or an interest in property passing under s. 705.10 (1) or 705.18 (2), upon petition of the decedent’s spouse, a beneficiary of a marital property agreement, a TOD beneficiary, or a beneficiary of a transfer under s. 705.10 (1) or 705.18 (2) to the court of the county of domicile of the decedent or, if the decedent was not domiciled in this state, of any county where the property is situated, the court shall issue a certificate under the seal of the court. The certificate shall set forth the fact of the death of the decedent, the termination or transfer of the decedent’s interest in the property, the interest of the petitioner in the property and any other facts essential to a determination of the rights of persons interested. The certificate is prima facie evidence of the facts recited, and if the certificate relates to an interest in real property or to a debt secured by an interest in real property, the petitioner shall record a certified copy or duplicate original of the certificate in the office of the register of deeds in each county in this state in which the real property is located. (2) UPON DEATH; INTEREST IN PROPERTY. As an alternative to sub. (1m), upon the death of any person having an interest in any real property, a vendor’s interest in a land contract, an interest in a savings or checking account, an interest in a security, a mortgagee’s interest in a mortgage, or an interest in property passing under s. 705.10 (1) or 705.18 (2), including an interest in survivorship marital property, the decedent’s spouse, a beneficiary of a marital property agreement, a TOD beneficiary, or a beneficiary of a transfer under s. 705.10 (1) or 705.18 (2) may obtain evidence of the termination of that interest of the decedent and confirmation of the applicant’s interest in the property by providing to the register of deeds of the county in which the property is located, on an application supplied by the register of deeds for that purpose, the name, residence, and post-office address of the decedent, the name, residence, and post-office address of the applicant, and the date of the decedent’s death. A person providing an application to the register of deeds under this subsection or, if the person is not an individual, a representative of the person shall sign the application and verify, under oath, the correctness of the information provided in the application. The applicant shall also provide to the register of deeds the following information: (i) In the case of real property, a copy of the property tax bill for the year preceding the year of the decedent’s death, or a copy of the most recent property tax bill, and a legal description of the property, which description shall be imprinted on or attached to the application. The register of deeds shall record the bill. The required recording of the property tax bill may be waived by an agreement between the register of deeds and the county real property lister. (j) In the case of a joint tenancy, life estate, or TOD beneficiary designation, a copy of the deed that creates the interest. (k) In the case of a transfer under s. 705.10 (1), except as de-
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scribed in par. (i) or (j), a copy of the document described in s. 705.10 (1). (L) In the case of a transfer under s. 705.18 (2), except as described in par. (j), a copy of the document described in s. 705.18 (2). (2m) THIRD-PARTY CONFIRMATION. If the personal representative or decedent’s spouse or a beneficiary of a marital property agreement or TOD beneficiary does not commence proceedings to confirm an interest under this section or s. 863.27 or 865.201 within 90 days after the decedent’s death, any interested person may petition or apply under this section. (3) COMPLETION OF APPLICATION. The register of deeds or other person authorized under s. 706.06 or ch. 140 shall complete a statement at the foot of the application, declaring that the applicant or, if the applicant is not an individual, a representative of the applicant appeared before him or her and verified, under oath, the correctness of the information required by sub. (2). (4) DELIVERY OF APPLICATION. The register of deeds shall mail or deliver a copy of the application to the circuit court for the county of residence of the decedent, unless the clerk of courts notifies the register of deeds in writing that this procedure is not necessary. (5) RECORDING; TERMINATION OF PROPERTY INTEREST. Upon the recording, the application constitutes prima facie evidence of the facts recited and constitutes the termination of the property interest, with the same force and effect as if issued by the court assigned to exercise probate jurisdiction for the county of domicile of the decedent under s. 867.04. (6) PURCHASERS FROM PETITIONERS PROTECTED. If an interest in property transferred under this section is acquired from the petitioner by a purchaser or lender in good faith, for value and without actual notice that the transfer was improper, the purchaser or lender takes title free of any claims of the decedent’s estate and incurs no personal liability to the estate, whether or not the transfer was proper. Purchasers and lenders have no duty to inquire whether a transfer was proper. History: 1983 a. 186; 1985 a. 37; 1991 a. 133, 301; 1995 a. 182, 355; 2005 a. 41, 206, 216; 2007 a. 97; 2017 a. 334; 2019 a. 125, 127; 2021 a. 201; 2021 a. 240 s. 30; 2025 a. 60. NOTE: 1991 Wis. Act 301, which affected this section, contains extensive legislative council notes. Because the pension benefits in question did not fall within the five classes of property specified in sub. (2), the procedures in sub. (2) could not be substituted for those of sub. (1m). Maciolek v. City of Milwaukee Employees’ Retirement System Annuity & Pension Board, 2006 WI 10, 288 Wis. 2d 62, 709 N.W.2d 360, 04-1254.
867.05 Determination of descent of property. (1) PETITION. Six years or more after any person dies intestate, leaving an estate which a court in this state has jurisdiction to administer, any person interested in the estate or in any property in the estate may petition the court which has jurisdiction to administer the estate, to determine the descent of the property in the estate. The petition shall be verified and shall show, as particularly as known or can with due diligence be ascertained, the time and place of death and domicile of the decedent, that the estate has not been administered and the other facts which authorize the proceeding, the names, post-office addresses and relationship to the decedent of all heirs and their grantees entitled to any interest in the property, stating who are minors or under legal disability, and the names and addresses of their guardians, and a description of all property for which a determination of descent is sought. (2) CERTIFICATE AFTER HEARING WITHOUT NOTICE. The court may hear the petition without notice, and after hearing the evidence, if the court is satisfied who the heirs of the decedent are and what their respective rights and interests in the property are, the court shall certify the same and in its certificate shall name the persons entitled to interests therein and the property to which
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each is entitled. The certificate is prima facie evidence of the facts recited. (3) JUDGMENT AFTER HEARING ON NOTICE. The court may hear the petition after notice of hearing given under s. 879.03, and after hearing the evidence, if the court is satisfied who the heirs of the decedent are and what their respective rights and interests in the property are, the court shall determine the same and in its judgment shall name the persons entitled to interests therein and the property to which each is entitled. (4) RECORDING REQUIRED. Whenever the certificate or judgment relates to an interest in real property or to a debt which is secured by an interest in real property, a certified copy or duplicate original of the certificate or judgment shall be recorded by the petitioner in the office of the register of deeds in each county in this state in which such real property is located. (5) SPECIAL ADMINISTRATION. When no administration proceeding has been commenced or no complete tax return has been filed, any person, including the department of revenue, interested in the property, the transfer of which is subject to tax under ch. 72, may petition for appointment of a special administrator with powers to determine the tax, if: (a) No petition for administration of property of a decedent is made within 60 days after the decedent’s death and the property’s transfer appears to be taxable under ch. 72; (b) Administration has been completed without determining the tax; (c) No tax is due and that fact has not been formally determined; (d) A certificate of survivorship, heirship or assignment has been issued under s. 867.04, 867.05 or 868.05; (e) Assets upon the transfer of which no tax has been paid are discovered; or (f) Property was transferred in contemplation of the death of the transferor and no application for the adjustment or payment of the tax has been made within 60 days of the transferor’s death. (6) PROCEDURE. (a) Prior to acting under sub. (5), the special administrator shall, by certified mail, notify the distributee of the basis of his or her authority under sub. (5). (c) Costs and expenses properly incurred by a special administrator shall be paid out of the subject property or by the distributee thereof. History: 1971 c. 310; 1973 c. 90; 1987 a. 27 s. 1531m. A “Simple” Probate Should Not Be This Complicated: Principles and Proposals for Revising Wisconsin’s Statutes for Probate Summary Procedures. Johnson. 2008 WLR 612.