[WI] Who needs to sign each section of a transfer-on-death deed to ensure it is properly executed and valid?

Lexi, Chatbot

I understand that navigating the signing process for a TOD document can be confusing. Can you tell me if you are the sole owner of the property listed in the document?

Lexi, Chatbot

Have you already discussed the signing requirements with any witnesses or notaries involved?

Benjamin

Hello, my name is Benjamin, and I have been a licensed attorney for over 19 years. I look forward to assisting you with your question. I understand you're dealing with a situation involving a TOD document and are unsure about the signing process. Is that correct? What state are you in? Please let me know your questions.

Benjamin

Only the property owner (your mother) signs the TOD deed. You do not sign as the beneficiary. (WI Stat § 705.15)

Where She Signs. On a Wisconsin TOD deed, your mother should sign:

• The line labeled Grantor, Owner, or Transferor
• Any additional owner signature lines, left blank
• If there is a printed name line under the signature, she prints her name there

Notary Requirement. (WI Stat § 706.06) Wisconsin law requires the owner’s signature to be:

• Notarized
• Signed in front of the notary
• The bank’s notary service is perfectly acceptable.

Who Does NOT Sign:

• You (the beneficiary)
• Witnesses (not required in Wisconsin for TOD deeds) (WI Stat § 706.06)
• If the form contains a beneficiary section, that area is typed/printed only, not signed.

Benjamin

THIS DESIGNATION IS MADE BY
Your mother’s full legal name (collectively, "Owner")

Same: your mother’s name

County / State
County where the property is located
State of Wisconsin

Recording Area / Name & Return Address
Leave blank (Register of Deeds completes this)

Beneficiary Selection
Under Select A or B
Check A
Then on the line:
Insert name of beneficiary — your full legal name
(Only one beneficiary in your case)

Parcel & Homestead
Parcel Identification Number (PIN) — enter property’s tax parcel number
"This ___ homestead property (is / is not)"
Check "is" if it is her primary residence
Check "is not" if it is a rental or second home

Date Line
Dated ___________ — your mother writes the signing date

Signature Area (CRITICAL)
There are four signature lines with "(SEAL)" and an asterisk beneath each.
Your mother signs ONLY ONE of these lines.
She signs above one asterisk line.
Then directly beneath that signature: she prints her name.
Leave the other signature lines blank.

AUTHENTICATION Section (LEFT SIDE)
Leave blank. This is only used if an attorney authenticates instead of a notary.

ACKNOWLEDGMENT (RIGHT SIDE – NOTARY BLOCK)
The notary completes this entire section, including:

• State & County
• Date
• Your mother’s name
• Notary signature & stamp

Do not write here yourself.

Benjamin

I didn't say the form said primary or not. This is what the form says: "This ___ homestead property (is / is not)." I said: Write "is" if it is her primary residence. Write "is not" if it is a rental or second home.

Leave the authentication blank; that is for an attorney to sign. If there is no attorney, then it remains blank. Yes, you are allowed to draft it.

Benjamin

"Homestead" does not depend on acreage size. It means:

• It is your mother’s primary residence, and
• She actually lives there as her main home.
• Wisconsin homestead protections can apply to up to 40 acres, but there is no minimum acreage requirement.

Benjamin

Did that solve your issue? Please let me know if you have any further questions. I believe I have addressed your inquiry, so I will mark it as complete. Thank you and have a wonderful day!