Revocable Living Trust requirements in Wisconsin
- Be at least 18 years old and of sound mind.
- Decide on a trustee (you can be your own trustee) and a successor trustee.
- List your assets and transfer ownership to the trust (funding).
- Sign the trust document in front of a notary public (not required by Wisconsin law for validity, but highly recommended for real estate).
- For real estate, record the deed with the county register of deeds to transfer title.
- Provide a trust document that names beneficiaries and distribution instructions.
Ready to create your revocable living trust in Wisconsin? Use a trusted template or consult a local estate planning attorney to get started today.
Create your revocable living trustHow to create a Revocable Living Trust in Wisconsin, step by step
- Outline your goals: who gets what, and who manages the trust.
- Choose a successor trustee – someone you trust to manage assets if you become incapacitated or pass away.
- Draft the trust document – use a living trust template or hire an attorney.
- Sign the document in the presence of a notary (recommended).
- Fund the trust – retitle bank accounts, investments, and real estate into the trust's name.
- Store the original trust document safely and inform your successor trustee.
Cost considerations
In Wisconsin, DIY living trust templates range from $50 to $200. Hiring an attorney typically costs $1,500 to $3,000 or more, depending on complexity. Remember to budget for transferring assets, like recording fees for real estate.
Before You Begin: WI Revocable Living Trust Checklist
Prepare essentials and understand Wisconsin's rules to create a valid revocable living trust smoothly. This checklist helps you gather what's needed and avoid common mistakes.
- List all assets: real estate, bank/investment accounts, personal property, and life insurance (if owned by the trust).
- Decide on a trustee and successor trustee; choose a reliable adult or institution. You can be your own trustee while alive.
- Draft a trust document (or use a template) that includes your name, trustee, beneficiaries, and how to manage assets if you become incapacitated.
- Sign the trust document in front of a notary public—because Wisconsin requires notarization for a valid trust, though witnesses are generally not required.
- Fund the trust by transferring asset titles (e.g., real estate deeds, account registrations) into the trust's name; unfunded trusts don't avoid probate.
- Keep a signed original in a safe place, and let your successor trustee know where it is; do not store it in a safe deposit box to which they may lack access.
Common questions
Do I need a lawyer to create a revocable living trust in Wisconsin?
No, you can use a living trust template or online service. However, an attorney ensures your trust is legally sound and correctly funded, which is critical for avoiding probate.
What's the difference between a revocable living trust and a will?
A will goes through probate – a public, court-supervised process – and becomes effective only after death. A revocable living trust avoids probate, is private, and can manage your assets if you become incapacitated.
Can I be the trustee of my own revocable living trust?
Yes. In a revocable trust, you retain full control and can manage assets as trustee. You also name a successor trustee to take over if you can't or pass away.
How do I fund my Wisconsin revocable living trust?
You must transfer ownership of your assets to the trust. For bank accounts, change the account title. For real estate, record a deed with the county. If you skip funding, the trust won't work.