Polk County Personal Representative Deed Form (Wisconsin)

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

Personal Representative Deed Form

Polk County Personal Representative Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Polk County compliant document last validated/updated 10/18/2024

Personal Representative Deed Guide

Polk County Personal Representative Deed Guide

Line by line guide explaining every blank on the form.
Included Polk County compliant document last validated/updated 9/19/2024

Completed Example of the Personal Representative Deed Document

Polk County Completed Example of the Personal Representative Deed Document

Example of a properly completed form for reference.
Included Polk County compliant document last validated/updated 8/30/2024

When using these Personal Representative Deed forms, the subject real estate must be physically located in Polk County. The executed documents should then be recorded in the following office:

Polk County Register of Deeds

100 Polk County Plaza, Suite 160, Balsam Lake, Wisconsin 54810

Hours: Monday - Friday 8:30am - 4:30pm

Phone: (715) 485-9240

Local jurisdictions located in Polk County include:

  • Amery
  • Balsam Lake
  • Centuria
  • Clayton
  • Clear Lake
  • Cushing
  • Dresser
  • Frederic
  • Luck
  • Milltown
  • Osceola
  • Saint Croix Falls
  • Star Prairie

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Polk County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Polk County using our eRecording service.
Are these forms guaranteed to be recordable in Polk County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Polk County including margin requirements, content requirements, font and font size requirements.

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 Polk County that you need to transfer you would only need to order our forms once for all of your properties in Polk County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Wisconsin or Polk 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.

What type of files are the forms?

All of our Polk 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.

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.

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.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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)

Our Promise

The documents you receive here will meet, or exceed, the Polk 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 Polk 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.

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November 27th, 2024

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