Wisconsin - Pierce County Personal Representative Deed Forms

Included Forms

All Pierce County specific forms and documents listed below are included in your immediate download package:

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Included Supplemental Documents

The Following Wisconsin and Pierce County supplemental forms are included as a courtesy with your order.

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Electronic Real Estate Transfer Return Link (Wisconsin Document)

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Electronic Real Estate Transfer Return Instructions with Exemption Codes (Wisconsin Document)

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Electronic Real Estate Transfer Return Overview (Wisconsin Document)

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Certificate of Acknowledgment - Individual (Wisconsin Document)

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Certificate of Acknowledgment - Representative (Wisconsin Document)

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Jurat (Wisconsin Document)

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Frequently Asked Questions:

• How long does it take to get my forms?
  • Forms are available immediately after submitting payment.
• What are supplemental forms?
  • Often when a deed is recorded additional documents are required by Wisconsin or Pierce County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
• How do I get my forms, are they emailed?
  • After you submit payment you will see a page listing the Pierce County forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• What type of files are the forms?
  • All of our Pierce County Personal Representative Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
• Can the Personal Representative Deed forms be re-used?
  • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Pierce County that you need to transfer you would only need to order our forms once for all of your properties in Pierce County.
• Are these forms guaranteed to be recordable in Pierce County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Pierce County including margin requirements, content requirements, font and font size requirements.
• Do I have to enter all of my property information online?
  • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
• Can I save the completed form, email it to someone?
  • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
• Do I need any special software to use these forms?
  • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
• Are there any recurring fees involved?
  • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Personal Representative Deed Forms:

• Pierce County

Including:

• Bay City
• Beldenville
• East Ellsworth
• Ellsworth
• Elmwood
• Hager City
• Maiden Rock
• Plum City
• Prescott
• River Falls
• Spring Valley

What is the Wisconsin Personal Representative Deed?

Transfer or Sale of a Decedent's Real Estate in Wisconsin

At its most basic, probate means to prove a decedent's will. The term "probate," however, is frequently used to describe the legal process of estate administration, which includes intestate estate succession in addition to probating wills. Estates are called intestate when the decedent (deceased person) does not leave a will. Probate ensures that a decedent's estate is lawfully transferred pursuant to the provisions of his will or to the state's laws of intestate succession.

Property that does not transfer by means of a survivorship or beneficiary designation is subject to probate. Estates requiring formal or informal probate involve the appointment of a personal representative (PR), a fiduciary appointed by the court to administer the estate in accordance with Wisconsin's Probate Code, located at Chs. 851-882 of the Wisconsin Statutes. This article will focus on informal administration; formal administration may be necessary depending on such factors as specifications in the will and whether all persons having an interest in the estate agree on the administration. Consult a lawyer with questions.

The first step to administration is opening the estate by submitting a petition for administration in the circuit court of the county where the decedent resided at the time of death. If there is a will, it must be delivered to the probate registrar. If the testator (person making a will) has filed the will with the court for safekeeping, the court shall contact the person named in the will to administer the estate (Wis. Stat. Sec. 856.03). Upon petition, the court will set a time for proving the will (if applicable), determining heirship, and appointing a personal representative (Sec. 856.11).

To evidence the authority of a PR to act on behalf of the estate, the court grants Domiciliary Letters to the qualifying person. The person named in the decedent's will has priority in appointment, followed by any person interested in the estate or the person's nominee, under discretion of the court (Sec. 856.21). With the issuance of letters, the PR is granted the general powers and duties of a personal representative under Ch. 857, Wisconsin Statutes, to administer the estate as required by law.

Among the PR's powers is the power to "sell, mortgage or lease any property in the estate without notice, hearing or court order" under Sec. 860.01, unless restricted or prohibited by the decedent's will (Sec. 860.11). The beneficiary of property specifically devised to him by the decedent must join in the sale of such property (Sec. 860.11(2)). If the will contains any such limitations as to the sale of real property, yet the PR is unable to pay allowances, expenses of administration, or claims on the estate within those limitation, he can petition the court for sale (Sec. 860.11(4)).

To sell or transfer an interest in real estate, the PR executes a personal representative's deed. A PR deed passes title to the named grantee free and clear of the rights of creditors that have been filed and allowed in the estate under Ch. 859 (Sec. 860.05). The PR has no statutory power to make warranties in any sale of real estate binding on the PR or on the estate (Sec. 860.07). The deed conveys all the estate and interest in the property the decedent had immediately prior to his death, and all the estate and any interest in the property the PR has since acquired.

A lawful deed should meet the requirements for content established at Sec. 706.02, identifying the parties and the land involved, the interest conveyed, and any conditions. The grantor must sign and have the deed properly acknowledged under Sec. 706.06. All deeds in Wisconsin require the name of the person who drafted the instrument and full legal description of the property and meet statutory and local standards for formatting recorded instruments (Sec. 59.43).

Record the deed in the office of the register of deeds in each county where the property is situated. Conveyances of real property offered for recording must be accompanied by receipt of an electronic real estate transfer return or note an exemption on the face of the document 706.05(12)). Exemptions to the real estate transfer fee are codified at Sec. 77.25, and include transfers by will, descent, or survivorship (Sec.77.25(11)).

Consult an attorney about personal representative's deeds and informal probate procedures in Wisconsin, as each situation is unique.

Our Promise

The documents you receive here will meet, or exceed, the Pierce County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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