Removing a Deceased Joint Tenant from a Wisconsin Real Estate Deed

Wisconsin laws provide that two or more people may hold real estate as joint tenants with right of survivorship. If one joint tenant dies, his/her share of the property is distributed evenly amongst the remaining co-owners without the need to pass through probate.

To terminate the decedent's interest in the property and to complete the distribution, file a form HT-110 under Wis. Stat. 867.045, with the register of deeds for the county where the property is located.

Recording the form formalizes the transfer of property rights, but the deceased joint tenant's name will still appear on the deed. Complete and record an updated deed from all joint tenants, but identify the deceased co-owner, and convey the property to the survivors only. It might be necessary to provide copies of the original deed, the death certificate, and the recorded HT-110 when submitted the revised deed.

(Wisconsin TODPI Package includes form, guidelines, and completed example)

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