867.04 Termination of joint tenancy and life estate. If a domiciliary of this state dies who immediately prior to death had an estate for life or an interest as a joint tenant in any property, or if a person not domiciled in this state dies having such an interest in property in this state, upon petition of any person interested in the property to the court of the county of domicile of the decedent, or if the decedent was not domiciled in this state, of any county where the property is situated, the court shall issue a certificate, under the seal of the court. The certificate shall set forth the fact of the death of the life or joint tenant, the termination of the life estate or joint tenancy interest, the right of survivorship of any joint tenant and any other facts essential to a determination of the rights of persons interested. The certificate is prima facie evidence of the facts recited, and if the certificate relates to an interest in real property or to a debt that is secured by an interest in real property, a certified copy or duplicate original of the certificate shall be recorded by the petitioner in the office of the register of deeds in each county in this state in which the real property is located.
History: 1977 c. 449; 1999 a. 85.
Cross-reference: See s. 863.27 which deals with the termination of life estate and joint tenancy in the final judgment of an estate.
Cross-reference: See s. 865.20 which provides an alternative method of termination of joint tenancy.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 867 - Probate — summary procedures.
867.01 - Summary settlement of small estates.
867.02 - Summary assignment of small estates subject to claims of creditors.
867.03 - Transfer by affidavit.
867.04 - Termination of joint tenancy and life estate.
867.045 - Administrative joint tenancy or life estate termination for certain property.
867.046 - Summary confirmation of interest in property.
867.05 - Determination of descent of property.
867.07 - Grounds for appointment of special administrator.
867.09 - Who may petition for appointment of special administrator.
867.11 - Notice of hearing on petition for appointment of special administrator.
867.13 - Bond of special administrator.
867.15 - Letters of special administration; no appeal.
867.17 - Powers, duties and liabilities of special administrator.
867.19 - Compensation of special administrator.
867.21 - Termination of authority and discharge of special administrator.