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The Wisconsin 9 form is a legal document used to designate a Transfer on Death (TOD) beneficiary for real estate in Wisconsin. This form allows property owners to transfer their property without the need for probate upon their death, ensuring a smoother transition for their beneficiaries. It is crucial to fill out this form accurately to avoid any complications in the future.

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The Wisconsin 9 form, officially known as the Designation of Transfer on Death (TOD) Beneficiary form, plays a crucial role in estate planning for property owners in Wisconsin. This form allows individuals to designate a beneficiary who will receive their real estate upon their passing, thereby bypassing the probate process. It is essential for property owners to clearly identify the property involved, as well as the designated beneficiary or beneficiaries. The form includes options for revoking any previous beneficiary designations, ensuring that the owner's current wishes are accurately reflected. Furthermore, the Wisconsin 9 form is designed to be straightforward and user-friendly, exempting the transaction from certain fees and filing requirements under state statutes. Proper execution of the form requires signatures and may involve notarization, providing an added layer of authenticity. By utilizing this form, property owners can take proactive steps to secure their legacy and ensure a smooth transition of their assets to their chosen beneficiaries.

Listed Questions and Answers

What is the Wisconsin 9 form?

The Wisconsin 9 form, officially known as the Designation of Transfer on Death (TOD) Beneficiary form, allows property owners in Wisconsin to designate a beneficiary who will receive their real estate upon their death. This transfer occurs without the need for probate, simplifying the process for the beneficiary.
Who can use the Wisconsin 9 form?

Any individual or individuals who own real estate in Wisconsin can utilize the Wisconsin 9 form. It is particularly beneficial for sole owners or multiple owners who wish to ensure that their property is transferred directly to a designated beneficiary without the complexities of probate.
How does the transfer process work?

The transfer of property using the Wisconsin 9 form becomes effective only upon the death of the sole owner or the last surviving owner if there are multiple owners. Once the form is properly recorded, the designated beneficiary will automatically receive the property, bypassing the probate process.
What information is required on the form?

The form requires the following information:
- The name(s) of the property owner(s)
- A description of the property being transferred
- The name of the designated TOD beneficiary or beneficiaries
- The Parcel Identification Number (PIN)
- Signatures of the owner(s) and a notary public
Are there any costs associated with filing the form?

The Wisconsin 9 form is fee exempt under Wis. Stat. § 77.25(10m). This means that there are no filing fees required when recording this form. Additionally, it is exempt from the filing of a transfer return under Wis. Stat. § 77.21(1).
What happens if I want to change the beneficiary?

If you wish to change the beneficiary, you must complete a new Wisconsin 9 form. This new designation will automatically revoke any previous TOD beneficiary designations, ensuring that your current wishes are clearly stated and legally binding.
Is legal assistance necessary to complete the form?

While it is not mandatory to seek legal assistance to complete the Wisconsin 9 form, consulting with an attorney may be beneficial. An attorney can provide guidance on ensuring that the form is filled out correctly and that it aligns with your overall estate planning goals.

Key takeaways

When filling out and using the Wisconsin 9 form, keep these key takeaways in mind:

Understand the Purpose: The form is used to designate a Transfer on Death (TOD) beneficiary for real estate in Wisconsin.
Complete Owner Information: Clearly identify the owner(s) of the property. This includes providing the full names and any necessary details.
Choose Beneficiary Option: Select either option A to name a beneficiary or option B to revoke previous designations. Make sure to follow the instructions carefully.
Recording Requirement: The designation only takes effect once the form is recorded with the appropriate county office.
Fee Exemptions: This transaction is fee exempt under specific Wisconsin statutes. Familiarize yourself with these exemptions to avoid unnecessary charges.
Notary Requirement: Ensure that the signatures are either authenticated or acknowledged by a notary public. This step is crucial for the validity of the form.

Document Overview

Fact Name	Details
Form Title	Designation of TOD Beneficiary
Governing Law	Wis. Stat. § 705.15
Document Number	Form 9-2009
Property Transfer	The form allows for the transfer of property without probate upon the death of the owner(s).
Beneficiary Designation	Owners can name one or more beneficiaries or revoke previous designations.
Fee Exemption	This transaction is fee exempt under Wis. Stat. § 77.25(10m).
Notary Requirement	The signatures must be authenticated or acknowledged by a notary public.

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Misconceptions

Misconceptions about the Wisconsin 9 form can lead to confusion regarding its purpose and use. Here are nine common misunderstandings:

It requires probate for transfer. Many believe that the Wisconsin 9 form necessitates probate. In reality, it allows for the transfer of property without probate upon the owner's death.
Only one beneficiary can be designated. Some think that only one beneficiary can be named on the form. However, multiple beneficiaries can be designated, as long as they are specified in Section A.
It is the same as a will. There is a misconception that the Wisconsin 9 form functions like a will. Instead, it specifically addresses the transfer of property upon death, bypassing the probate process.
It is automatically effective upon signing. People often assume that the form takes effect as soon as it is signed. The designation is only effective once the form is recorded.
All previous beneficiary designations are automatically revoked. Some believe that previous designations remain valid unless explicitly revoked. In fact, selecting option A on the form automatically revokes all prior TOD beneficiary designations.
It can be used for any type of property. There is a notion that the Wisconsin 9 form applies to all properties. It is specifically designed for real estate transactions.
It requires a lawyer to complete. Many think that legal assistance is mandatory for filling out the form. While consulting a lawyer can be helpful, individuals can complete it on their own.
It is only for homestead properties. Some assume that the form is limited to homestead properties. In truth, it can be used for any real estate owned by the individual.
Notarization is always necessary. A common belief is that notarization is required for the form to be valid. While notarization can add credibility, it is not always mandatory unless specified by state law.

Understanding these misconceptions can help individuals navigate the use of the Wisconsin 9 form more effectively.

Form Sample

State Bar of Wisconsin Form 9-2009

DESIGNATION OF TOD BENEFICIARY

Under Wis. Stat. § 705.15

Document Number

Document Name

THIS DESIGNATION is made by

(collectively, "Owner") of the following

described real estate located in DANE County, State of Wisconsin (the “Property”) (attach Exhibit A if more space is needed):

Recording Area

Name and Return Address

Owner transfers the Property without probate upon death of the sole owner, or upon the last to die of multiple owners, to the following TOD beneficiary, without warranties:

Select A or B:

	A.
	A.	Insert name of beneficiary, whether one or more. This revokes all previous

		TOD beneficiary designations.
	B.	The sole purpose of this instrument is to revoke all previous TOD beneficiary
		designations.

This designation is effective only upon the recording of this instrument.

This transaction is Fee Exempt under Wis. Stat. § 77.25(10m), and exempt from the filing of a transfer return under Wis. Stat. § 77.21(1).

Parcel Identification Number (PIN)

This		is not		homestead property.
		(is) (is not)

Dated

(SEAL)

AUTHENTICATION

ACKNOWLEDGMENT

Signature(s) of

STATE OF WISCONSIN

)

authenticated on

) ss.

DANE

COUNTY

)

Personally came before me on

TITLE: MEMBER STATE BAR OF WISCONSIN

the above-named

(If not,

authorized by Wis. Stat. § 706.06)

to me known to be the person(s) who executed the foregoing

instrument and acknowledged the same.

THIS INSTRUMENT DRAFTED BY:

Notary Public, State of Wisconsin

My Commission (is permanent) (expires:

)

(Signatures may be authenticated or acknowledged. Both are not necessary.)

NOTE: THIS IS A STANDARD FORM. ANY MODIFICATIONS TO THIS FORM SHOULD BE CLEARLY IDENTIFIED.

DESIGNATION OF TOD BENEFICIARY

STATE BAR OF WISCONSIN

FORM NO. 9-2009

* Type name below signatures.