Disclaimer: This information is for educational purposes and does not constitute legal advice. Consult an attorney for guidance specific to your situation.
Review the Deed and Property Records
Obtain a certified copy of the deed from the county Register of Deeds. Confirm whether your parent held the property as sole owner or with joint tenants and rights of survivorship. In Wisconsin, joint tenants with rights of survivorship automatically inherit the decedent’s share.
Check for a Will or Trust
Search probate court records for a will or trust instrument. A valid will may name an executor and outline how to distribute the property. A living trust may hold title outside probate.
Open Probate if Solely Owned
If the deed lists only your parent’s name, the property becomes part of the estate and generally requires probate administration. Under Wis. Stat. § 853.03 (Letters of Administration), an interested party can petition the circuit court to appoint an administrator. The administrator gathers assets, pays debts, and distributes property.
Identify Heirs Under Intestate Succession
If your parent died without a will, Wisconsin’s intestate succession rules apply. Wis. Stat. § 852.05 (Distribution of Intestate Estate) directs that the property goes first to a surviving spouse and children, then to parents, siblings, and other relatives.
Transfer Title and Clear the Record
After the court issues letters of administration or testamentary letters, the personal representative executes a new deed naming the heirs. File the deed with the Register of Deeds to update the official record and clear title.
Consider Small Estate Procedures
If the decedent’s personal property totals $50,000 or less and no real estate is involved, you may use a small estate affidavit under Wis. Stat. § 859.05 (Small Estate Affidavit). This does not apply to real property.
When to Consult an Attorney
Probate and title transfers can involve complex rules, disputes among heirs, or creditor claims. An attorney can prepare filings, handle contested matters, and help ensure a clear chain of title.
Helpful Hints
- Obtain multiple certified death certificates; various agencies require original seals.
- Run a complete title search to uncover mortgages, liens or tax assessments.
- Check for codicils or trust amendments if you locate a will or trust.
- Record the new deed promptly to prevent conflicting claims.
- Keep organized records of court filings, notices to creditors, and communications with heirs.