A Simple, Efficient Way to Transfer Property

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For many families, the most valuable asset a loved one leaves behind is their home or other real estate. When someone passes away with property titled only in their own name, a probate proceeding or administration is often required before that property can be transferred to heirs. Probate can be complicated, time‑consuming, and costly—especially when the only major asset involved is the family home.


Fortunately, there are ways to avoid these court proceedings. One of the most effective and straightforward tools available in Wisconsin is the transfer on death deed.

Why Probate Is Often Required for Real Estate

When a person dies owning real estate solely in their name, the law requires a court process to determine:

  • Who inherits the property
  • Whether debts or taxes must be paid
  • How the title should be transferred


Even when the family is in full agreement, the probate process can still involve:

  • Court filings
  • Deadlines
  • Legal notices
  • Waiting periods
  • Administrative costs


For many families, this process feels overwhelming—especially during a time of grief.

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Traditional Ways People Have Tried to Avoid Probate

Before Transfer on Death Deeds became available, families often tried other methods to avoid probate. While these methods can work, they also come with drawbacks.

1. Gifting a Remainder Interest While Keeping a Life Estate

This allows the parent to stay in the home for life while giving the remainder interest to children. However:

  • It may trigger the need for a gift tax return.
  • It can create cost basis problems for the children when they eventually sell the property.
  • It may limit flexibility if the parent later wants to sell or refinance.

Making an Outright Gift of the Property

This transfers full ownership to the children immediately. However:

  • It can create significant tax issues.
  • The parent loses full control of the property.
  • The children’s creditors or divorces could affect the home.

Creating a Joint Tenancy With Right of Survivorship

This is done through a quitclaim deed. However:

  • The parent gives up full control.
  • The children become co‑owners immediately.
  • Financial or legal issues involving the children could impact the property.


While these tools can avoid probate, they often create new problems that families do not expect.

The Transfer on Death Deed—A Better Solution

A Transfer on Death (TOD) A deed is a simple, effective way to avoid probate without giving up control of your home.


With a TOD Deed:


  • A single individual, or a married couple, can name their children or other heirs as beneficiaries.
  • The beneficiaries do not receive ownership while the owner is alive.
  • The owner keeps full control of the property during their lifetime.
  • The owner can sell, refinance, or move at any time.
  • When the owner passes away, the property transfers directly to the named beneficiaries.
  • No probate or court administration is required.


This tool allows families to avoid the cost, delay, and stress of probate while keeping the owner’s rights fully protected.

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How a Transfer on Death Deed Works

A TOD deed is recorded with the Register of Deeds during the owner’s lifetime. Once recorded:



  • It does not transfer ownership.
  • It does not give beneficiaries any rights while the owner is alive.
  • It does not affect the owner’s ability to sell or move.
  • It only becomes effective upon the owner’s death.


At that time, the beneficiaries file a simple document to complete the transfer—without going through probate.

Why Many Families Prefer TOD Deeds

A Transfer on Death Deed is often the best choice because it:


  • Avoids probate
  • Preserves full control for the owner
  • Prevents tax complications caused by gifting
  • Protects the property from beneficiaries’ creditors while the owner is alive
  • Keeps the process simple and affordable


For many working families, this is the most practical and cost‑effective estate planning tool available.

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Understanding Your Options

While a TOD deed is an excellent option, it is not the only one. Depending on your situation, other tools may also be helpful, such as


  • Powers of Attorney
  • Wills
  • Other simple estate planning documents


I always believe in keeping things as simple as possible. During a consultation, I will explain each option in clear, easy‑to‑understand terms and help you decide what works best for your needs.

Free Initial Consultation

If avoiding probate by using a Transfer on Death Deed sounds like a good idea—and for many families, it is—I would be happy to explain the details and answer your questions.


You do not need to navigate this alone.


Call (414) 766‑9490 to schedule your free initial consultation.

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