Waukesha County

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  • Recording a Document?

    Our office will accept in-person documents for recording from 8:00 am - 4:00 pm Central Standard Time. Documents submitted by mail for recording will be recorded upon receipt. Please note that it takes between 14-21 business days for a document submitted by mail to be returned.

  • Recording Fee Schedule

    Land Records

    Deeds, Mortgages, Land Contracts, Satisfactions, Termination o Decedent's Property Interest, Transfer on Death to Beneficiary, etc: 
    $30 Flat Fee

    Federal Tax Liens: 
    $30 Flat Fee

    UCC Filing Statement: 
    $30 Flat Fee

    Cemetery, Condominium, and Subdivision Plats: $50 per document

    Transportation Project Plat: $25 per page

    Vital Records
    $20 for the first copy (of each record)
    $3 for each additional copy

    Military Discharge
    There is no charge to file or copy military discharge papers for the veteran named on the record, a dependent of the veteran, county veterans service officer, Department of Veterans Affairs, or a person with written authorization from the veteran discharged or dependents. 

  • Document Format

    Required Format for Recorded Documents:
    Documents must conform to Standard Document Format, Wisconsin Act 110, effective September 1, 1996. Most office supply stores have forms that meet the requirements of Wisconsin Statute 59.43(2m). If necessary, you may add a cover-sheet to your document to make it conform to the Wisconsin standard document format.

    • The upper right hand corner of the document is completely blank - at least 3” by 3” for official recording stamp. 
    • The name and return address is either (1) directly under the recording area, or (2) on the left side of the page and within the top 3 inches. 
    • The parcel identifier number is placed directly under the return address (unless county does not require the PIN). 
    • The title of the document is within the top 3 inches of the page but not in the 3 by 3 inch corner left blank for our recording stamp. 
    • The entire document is legible & reproducible. 
    • The paper is white, standard weight, and letter or legal-sized. 
    • The ink is black (or red) so that the document will scan properly. 
    • The top margin is a minimum of 1/2 inch for every page. Other margins are minimum of 1/4 inch. 
    • The pages are not hinged. 

    Remember, you still need: 
    • Complete legal descriptions if the document refers to specific parcels of land. 
    • Original signatures notarized or authenticated. 
    • Proper fees accompanying the document. 
    • Name of the document drafter. 
    • Wisconsin Real Estate Transfer Return-eRETR (completed and with proper fee or exemption #) for deeds, land contracts and other instruments of conveyance. www.dor.state.wi.us/retr/index.html

  • FAQ

    What kinds of documents are recorded in the Register of Deeds?
    The Register of Deeds office handles the recording and filing of deeds, mortgages, land contracts, subdivision plats, certified survey maps, condominium declarations, etc.

    How do I change my deed so that it reflects my married name?
    This question is more complex than it seems at first. In its simplest form, you are not required to take any action. When you sell the property at some point in the future, simply indicate on the deed, for example: "Mary Smith, nka (now known as) Mary Jones hereby grants…etc." However, there are many other details that impact the answer to this question. The most important of which is Wisconsin’s Marital Property law. This law assumes that property used by a couple during the course of a marriage is jointly owned unless specified otherwise. If you wish to remain the sole owner of the property and do not intend to convey any interest in the property to your spouse, steps must be taken prior to and during the marriage to assure that this occurs. If, however, you intend for your spouse to share in the ownership of the property, there are a number of ways a married couple can hold title to property and each one has distinct legal implications. Depending on your financial status, age and other factors, a trust might even be advisable. As you can see, it is best to seek the help of an attorney to draft a deed that will accomplish your goals. The staff of the Register of Deeds cannot tell you which forms to use to transfer property, nor can they assist you with completing the necessary documentation to transfer property.

    I was told I need a legal description of my property, where can I find that?
    The legal description of your property appears on your deed, and should appear on any other document recorded to your property. You can also find your legal description on your tax bill. However, the legal description on your tax bill is likely to be abbreviated or may be incomplete and should not be used for documents that will be recorded. The online tax roll can be found at: http://tax.waukeshacounty.gov/.

    My spouse passed away, how do I remove him/her from our property?
    We have a form and instructions in our office called the Application for the Termination of Decedent’s Interest (HT-110). You can obtain the form and instructions from our office or online at our Links page.

    If both parties were not named on the deed, you will have to contact the Probate department. We recommend following the advice of an attorney when winding up an estate and transferring property title.
    As a part of the application, you will have to provide the following: 1) the current property deed, 2) an original death certificate of the party you wish to remove from title, and 3) a 1-page Real Estate Transfer Receipt.
    To get a 1 page transfer receipt, fill out the Wisconsin Real Estate Transfer Form at the Department of Revenue website www.revenue.wi.gov/retr/index.html . You can find and print out the instruction under Online Services for eRETR. You can find helpful videos for filling out the form under Resources – Helpful Videos-choose Governments. If you have questions when filling out this online form you can find “Contact Us” choose Submit a Question, at the bottom, left hand side of the page.

    An error was made on my recorded document. How do I make a correction?
    (1) We suggest you refer to Wisconsin statue 706.085 for instructions on how to draft a Correction Instrument. Correction instruments are often filed by the person most familiar with the cause of the error, and who has the best understanding of the proper legal resolution.

    (2) Per the Department of Revenue Website—“Any deed, Correction Instrument, or Affidavit (correcting a conveyance document), requires a transfer return (eRETR) under state law (sec 77.22(1), Wis. Stats.). A corrective instrument is exempt from a transfer fee under state law (sec. 77.25(3), Wis. Stats.).”

    I am starting a business. What form do I need to fill out and record in your office?
    Our office records the Registration of Firm name, which can be used if your firm is a sole proprietorship, general partnership, or association. This form is required to be put on record if you plan to obtain credit for your business per Wisconsin Statute 134.17. You can obtain the form and instructions from our office, or online at our Links page. Depending upon your circumstances, you may also register your business with the Wisconsin Department of Financial Institutions. For more information on starting a business, you can call 1-800-940-7232, or go online to http://wisconsinsbdc.org/business-answerline.

    I have a transfer of affidavit $50,000 and under form, does it get recorded in your office?
    If this affidavit describes an interest in or lien on real property, a certified copy or duplicate original of the affidavit shall be recorded in the Register of Deeds in each county in which the real property is located.

    If you have questions on this form and it does not involve real estate, you can contact the Estate recovery Program at (608) 264-6756 for a pre-recorded message, or call (608)264-7739 between the hours of 8:00 a.m. and 4:00 p.m. For general questions about Estate Recovery and/or questions regarding Transfer by Affidavits with real property, call (608)264-6755.

    I am named as beneficiary on a transfer on death deed and now the owner of the property has passed away. What do I have to do?
    You will now have to fill out the Transfer of Death to Beneficiary Form (TOD-110) and also complete a Wisconsin Electronic Real Estate Transfer Form per Wisconsin Statute 705.15. We have the TOD-110 form and instructions in our office, or you can obtain it at our Links page. You will need to go to the Department of Revenue Website https://www.revenue.wi.gov/Pages/RETr/Home.aspx to complete the Wisconsin Real Estate Transfer Form. We will need the completed TOD-110 form and the Wisconsin Real Estate Transfer Receipt in order to make the change to the property.

    Does a deed have to be recorded?
    A deed should be recorded as promptly as possible as it may cause legal difficulties later. However, there is no time limit on recording a deed. This does not pertain to a Transfer on Death Deed as the TOD beneficiary designation is not effective unless the deed on which the designation is made is recorded per statute 705.15(2).

    What are the requirements for creating my own document to record in the Register of Deeds office?
    You can find information on the Wisconsin Register of Deeds Association website www.wrdaonline.org pertaining to Standard Format Requirements per Wisconsin Statute 59.43(2m). Look under Recording Document/Fees – Standard Document Format – Tutorial.

    I paid off a federal tax lien, but it still appears on my credit report. Why? Can you remove it?

    While Federal Income Tax Liens are recorded in our office, we have no jurisdiction over the lien itself or any release documentation once the lien is satisfied. We cannot record a Release unless one is presented to us for recording.
    The IRS changed their procedure several years ago and now consider their liens to be “self-releasing” after a certain number of years. As a result, they do not record release documents as they did in the past.
    It is our observation that credit-reporting agencies may not read documents. They only look at the index and may be unaware of the self-releasing feature. However, if you contact the IRS, their staff may prepare a Certificate of Release that you can record, which should clear your credit report. Contact the manager in charge of preparation of Federal Tax Liens at 1-800-913-6050.