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LRB-3397/1
FFK:cdc
2019 - 2020 LEGISLATURE
July 10, 2019 - Introduced by Senators Olsen, Bernier, Feyen, Ringhand,
Schachtner and Stroebel, cosponsored by Representatives Ballweg, Born,
Dittrich, Doyle, Felzkowski, Gundrum, Horlacher, Knodl, Kulp,
Magnafici, McGuire, Ohnstad, Quinn, Thiesfeldt, Tusler, VanderMeer and
Billings. Referred to Committee on Labor and Regulatory Reform.
SB318,1,3 1An Act to consolidate, renumber and amend 867.046 (2) (intro.), (a) and (b);
2and to amend 867.045 (1) (intro.) of the statutes; relating to: obtaining
3evidence of the termination of certain property interests of a decedent.
Analysis by the Legislative Reference Bureau
Under current law, a person may obtain evidence that certain property
interests of a decedent have been terminated by providing information to the register
of deeds of the county in which the property is located. To obtain such evidence under
current law, a person must submit to the register of deeds a certified copy of the
decedent's death record. This bill eliminates the requirement to submit a certified
copy of the decedent's death record to the register of deeds. Instead, this bill requires
the person seeking to obtain the evidence of the termination of the decedent's
property interest to verify, under oath, the correctness of the information provided
to the register of deeds, which includes the date of the decedent's death.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB318,1 4Section 1. 867.045 (1) (intro.) of the statutes is amended to read:
SB318,2,105 867.045 (1) (intro.) Upon the death of any person having an interest as a joint
6tenant or life tenant in any real property or in the vendor's interest in a land contract

1or a mortgagee's interest in a mortgage, any person interested in the property may
2obtain evidence of the termination of that interest of the decedent by providing to the
3register of deeds of the county in which such property is located a certified copy of
4the death record for the decedent and by providing
, on applications an application
5supplied by the register of deeds for that purpose, the name and address of the
6decedent and of the surviving joint tenant or remainder beneficiary, the date of the
7decedent's death, and the applicant's interest in the property. A person providing an
8application to the register of deeds under this subsection shall sign the application
9and verify, under oath, the correctness of the information provided in the application.

10The applicant shall also provide to the register of deeds the following information:
SB318,2 11Section 2. 867.046 (2) (intro.), (a) and (b) of the statutes are consolidated,
12renumbered 867.046 (2) (intro.) and amended to read:
SB318,3,513 867.046 (2) Upon death; interest in property. (intro.) As an alternative to sub.
14(1m), upon the death of any person having an interest in any real property, a vendor's
15interest in a land contract, an interest in a savings or checking account, an interest
16in a security, a mortgagee's interest in a mortgage, or an interest in property passing
17under s. 705.10 (1), including an interest in survivorship marital property, the
18decedent's spouse, a beneficiary of a marital property agreement, a TOD beneficiary,
19or a beneficiary of a transfer under s. 705.10 (1) may obtain evidence of the
20termination of that interest of the decedent and confirmation of the petitioner's
21applicant's interest in the property by providing to the register of deeds of the county
22in which the property is located the certified death record for the decedent and, on
23applications an application supplied by the register of deeds for that purpose, all of
24the following information: (a) The
the name, residence, and post-office addresses
25address of the decedent and, the name, residence, and post-office address of the

1applicant. (b) The, and the date of decedent's death. A person providing an
2application to the register of deeds under this subsection or, if the person is not an
3individual, a representative of the person shall sign the application and verify, under
4oath, the correctness of the information provided in the application. The applicant
5shall also provide to the register of deeds the following information:
SB318,3,66 (End)
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