Waukesha County Personal Representative Deed Form

Waukesha County Personal Representative Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.

Waukesha County Personal Representative Deed Guide
Line by line guide explaining every blank on the form.

Waukesha County Completed Example of the Personal Representative Deed Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional Wisconsin and Waukesha County documents included at no extra charge:
Where to Record Your Documents
Waukesha County Register of Deeds
Waukesha, Wisconsin 53188-2428
Hours: 8:00 am - 4:30 pm M-F Central Standard Time. Recording 8:00 - 4:00
Phone: (262) 548-7583
Recording Tips for Waukesha County:
- Documents must be on 8.5 x 11 inch white paper
- Both spouses typically need to sign if property is jointly owned
- Recorded documents become public record - avoid including SSNs
- Bring extra funds - fees can vary by document type and page count
Cities and Jurisdictions in Waukesha County
Properties in any of these areas use Waukesha County forms:
- Big Bend
- Brookfield
- Butler
- Delafield
- Dousman
- Eagle
- Elm Grove
- Genesee Depot
- Hartland
- Lannon
- Menomonee Falls
- Merton
- Mukwonago
- Muskego
- Nashotah
- New Berlin
- North Lake
- North Prairie
- Oconomowoc
- Okauchee
- Pewaukee
- Sussex
- Wales
- Waukesha
Hours, fees, requirements, and more for Waukesha County
How do I get my forms?
Forms are available for immediate download after payment. The Waukesha County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Waukesha County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Waukesha County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Waukesha County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Waukesha County?
Recording fees in Waukesha County vary. Contact the recorder's office at (262) 548-7583 for current fees.
Questions answered? Let's get started!
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.
(Wisconsin PRD Package includes form, guidelines, and completed example)
Important: Your property must be located in Waukesha County to use these forms. Documents should be recorded at the office below.
This Personal Representative Deed meets all recording requirements specific to Waukesha County.
Our Promise
The documents you receive here will meet, or exceed, the Waukesha County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Waukesha County Personal Representative Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
4.8 out of 5 - ( 4573 Reviews )
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April 11th, 2023
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September 24th, 2020
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April 30th, 2019
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January 14th, 2021
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January 19th, 2022
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June 6th, 2023
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August 31st, 2021
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March 12th, 2021
Well designed easy to use system. Provided all instructions and updates required, as well as catching an extra form required by our county.
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January 5th, 2019
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October 20th, 2021
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January 5th, 2022
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August 21st, 2019
Very user friendly website. Had a variety of forms. Reasonable price
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December 24th, 2018
Total package. Very prompt with complete instructions & example to complete forms. If you don't want to hire a lawyer, this is pretty simple & will bypass probate.
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December 1st, 2020
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February 11th, 2019
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