Probate is a court-supervised procedure for transferring ownership of someone's solely owned assets after he or she dies. The following brochure provides more information on Probate.
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Bristol (262) 857-1845
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You can obtain a certified copy of any of the above referenced vital records at the Register of Deeds office, 1010 56th Street Kenosha WI 53140. You will need to complete an application indicating your interest in the record, and you will need to provide acceptable identification as listed on the back of the application. The cost of a certified copy is $20.00 for the first copy and $3.00 for each additional copy. If you are unable to come to the office you can download the Application for a Birth, Death, Marriage, Domestic Partnership or divorce certificate. Complete the application and mail it to our office with a money order for the correct amount along with a self-addressed, stamped envelope. Please check our vital records page for more information on the availability of vital records.
To remove the name of the deceased spouse, you will need to complete a document called a Termination of Decedents Property Interest (pdf). Directions for completing this form are provided. You will need a copy of a document that shows joint tenancy, life estate, survivorship marital property, vendor's interest, or mortgagee's interest and a certified copy of the death certificate. The recording fee is $30. You can purchase a certified copy of the death certificate at the Register of Deeds office, the cost is $20 for one copy and $3 for each additional copy.
To simply change your name on the property you own, you will need to complete and record a document called a Quitclaim Deed (pdf). You will also need to complete an electronic Real Estate Transfer Return online at revenue.wi.gov. After submitting the e-Return, you will be given the opportunity to print a receipt. This printed receipt must be submitted along with the completed deed for recording. The cost for recording a document is a flat fee of $30.
This question is more complex then it seems at first. In its simplest form, you are not required to take any action. When you sell the property at some point in the future, simply indicate on the deed, for example "Mary Smith, nka (now known as) Mary Jones hereby grants, etc." However, there are many other details that affect the answer to this question. The most important of which is Wisconsin's Marital Property law. This law assumes that property used by a couple during the course of a marriage is jointly owned unless specified otherwise. If you wish to remain the sole owner of the property and do not intend to convey any interest in the property to your spouse, steps must be taken prior to and during the marriage to assure that this occurs. If, however, you intend for your spouse to share in the ownership of the property, there are a number of ways a married couple can hold title to property and each one has distinct legal implications. Depending on your financial status, age and other factors, a trust might even be advisable. As you can see, it is best to seek the help of an attorney to draft a deed that will accomplish your goals.
If you have received real estate in a divorce settlement, you need to verify with your attorney that he has recorded a Quitclaim Deed or Warranty Deed with the Register of Deeds Office.
Joint Tenancy - An undivided interest in the property, taken by two or more joint tenants. The interests must be equal, accruing under the same conveyance, and beginning at the same time. Upon the death of a joint tenant, the interest passes to the surviving joint tenants, rather than to the heirs of the deceased.Tenancy in Common - A form of ownership whereby each owner holds an undivided interest in the property. The interests need not be equal, and, in the event of the death of one of the owners, no right of survivorship in the other owners exists.
In most cases your deed should have a complete legal description, however the Register of Deeds office cannot verify that the information on your deed is correct. A copy of your deed may be purchased at the Register of Deeds Office. The cost for a 1 page document is $2.00 with each additional page costing $1.00.
While this seems simple enough, it can be complicated by two factors. If your property consists of a number of small parcels that have been combined over time, a simple concise legal description may not exist. The opposite can also be a problem. Your property may have previously been a large parcel from which smaller parcels were sold off. In both of these cases, several documents and some interpretation may be required to construct an accurate legal description.
If the history of your parcel fits into either of the above descriptions, you should contact a registered land surveyor for professional assistance in writing an accurate, updated legal description.
According to a member of the Probate and Real Property Section of the Wisconsin State Bar Association that was conferred with, the answer is "NO". The trust remains in effect. However, it is prudent to review the trust with your attorney periodically to determine if modifications to the trust would be advisable.
Yes, since 2005, we have been recording documents electronically. Kenosha County Register of Deeds office provides this service through Corporation Service Company (CSC), Simplifile, eRecording Partners Network and Indecomm Global Services. For further information contact: