Affidavit of Surviving Joint Tenant (Termination of Decedent's Joint Tenancy Interest) - Wisconsin
Before recording: Wis. Stat. § 867.045 requires an application supplied by the county register of deeds. Complete that application and attach this sworn affidavit as a statement of supporting facts if the register accepts it. Attach the deed creating the joint tenancy, the legal description, and the property tax bill specified in the statute.
AFFIDAVIT OF SURVIVING JOINT TENANT
Supplement to county application for termination of decedent's joint tenancy interest
State of Wisconsin, County of [COUNTY]
I, [AFFIANT FULL LEGAL NAME], being first duly sworn, state from personal knowledge:
- I am the surviving joint tenant of the real property described in Exhibit A. My mailing address is [FULL ADDRESS].
- [DECEDENT FULL LEGAL NAME] was a joint tenant of that property. The decedent's last mailing address was [FULL ADDRESS]. The decedent died on [__/__/____] at [PLACE OF DEATH].
- The joint tenancy was created by the deed dated [__/__/____], from [GRANTOR], recorded in [COUNTY] County as document number [NUMBER] on [__/__/____]. A copy of that deed is attached.
- The property is located in [COUNTY] County, Wisconsin. Its complete legal description is attached as Exhibit A. The street address is [ADDRESS] and parcel identifier is [NUMBER].
- The other surviving joint tenants, if any, are [NAMES AND MAILING ADDRESSES / NONE]. My interest in the property is [DESCRIBE INTEREST SHOWN BY THE CREATING DEED].
- A copy of the property tax bill for [YEAR PRECEDING DEATH / MOST RECENT YEAR] is attached. The county register of deeds and real property lister [HAVE / HAVE NOT] agreed to waive recording of the tax bill under Wis. Stat. § 867.045(1)(j).
- I request that the register of deeds consider this affidavit with the register-supplied application under Wis. Stat. § 867.045 and record the completed application. I understand that the recorded application is presumed evidence of the facts it recites under § 867.045(4); this affidavit does not establish that any tax, debt, or lien has been paid.
Affiant signature: ______________________________________
Printed name: [AFFIANT FULL LEGAL NAME]
Date signed: [__/__/____]
Address and telephone: [FULL ADDRESS AND NUMBER]
Oath
State of Wisconsin, County of [COUNTY]. Subscribed and sworn to before me on [__/__/____] by [AFFIANT FULL LEGAL NAME].
Signature of notary or other person authorized to administer an oath: ______________________________________
Printed name and title: [________________]
Commission expiration or permanent status, if applicable: [________________]
Exhibit A — legal description
[INSERT COMPLETE LEGAL DESCRIPTION FROM VESTING DEED OR CURRENT TITLE RECORD]
Parcel identifier: [________________]
Attachments
☐ Copy of deed creating the joint tenancy.
☐ Copy of property tax bill for the year preceding death, or most recent bill.
☐ Additional death evidence requested by the county register of deeds: [DESCRIPTION / NONE].
☐ Register-supplied application for termination of decedent's interest.
About this template
- Last updated
- October 18, 2026
- Citations checked
- October 18, 2026
- Jurisdiction
- Wisconsin
- Category
- Real Estate
Legal authority
- Wis. Stat. § 867.045 (Administrative termination of decedent's joint tenancy interest)
Real estate documents transfer ownership, define who can use a property, and record agreements between buyers, sellers, landlords, and tenants. Deeds, purchase agreements, leases, and easements have to be drafted to meet state recording requirements, and mistakes show up at closing or years later in title disputes. Good real estate paperwork moves transactions forward quickly and avoids the kind of problems that only surface when it is time to sell or refinance.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 18, 2026.
Wis. Stat. § 867.045(1) (checked October 18, 2026): "any person interested in the property may obtain evidence of the termination of that interest of the decedent by providing to the register of deeds of the county in which such property is located, on an application supplied by the register of deeds for that purpose, the name and address of the decedent and of the surviving joint tenant or remainder beneficiary, the date of the decedent’s death, and the applicant’s interest in the property."
Wis. Stat. § 867.045(1)(j) (checked October 18, 2026): "In the case of real property, a copy of the property tax bill for the year preceding the year of the decedent’s death, or a copy of the most recent property tax bill, and a legal description of the property, as provided under s. 59.43 (2s) (a), which description shall be imprinted on or attached to the application."
Wis. Stat. § 867.045(1)(k) (checked October 18, 2026): "In the case of a joint tenancy or life estate, a copy of the deed that creates the interest."
Wis. Stat. § 867.045(2) (checked October 18, 2026): "The register of deeds or other person authorized under s. 706.06 or ch. 140 shall complete a statement at the foot of the application, declaring that the applicant appeared before him or her and verified, under oath, the correctness of the information required by sub. (1)."
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