AB152: Bill Text

LRB-1288/1

JS:kmg:ks

1995 - 1996 LEGISLATURE

1995 Assembly BILL 152

February 24, 1995 - Introduced by Representatives R. Young, Grothman, Hahn, Cullen, Brandemuehl, Baldwin, Ladwig, Hasenohrl, Otte, Huber, Underheim, Turner, Seratti, Ryba, Ourada, Wirch, Kreuser and Hanson, cosponsored by Senators Rosenzweig, Moen and Andrea. Referred to Committee on Judiciary.

AB152,1,2 An Act to amend 867.045 (1) (j) and (3) and 867.046 (2) (i) and (4) of the statutes; relating to: termination of a decedent's interests in property.

Analysis by the Legislative Reference Bureau

Under current law, certain interests in property may be terminated after the owner's death by a simple procedure done in the register of deeds' office. Current law requires the most recent property tax bill for real property to be presented. This bill requires the property tax bill for the year before the year of the decedent's death to be presented. Under current law, the register of deeds must mail or deliver copies of the application for the procedure to the circuit court for the county where the decedent resided. The bill allows the circuit court to waive that requirement.

For further information see the local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB152, s. 1 Section 1. 867.045 (1) (j) and (3) of the statutes are amended to read:

AB152,1,7 867.045 (1) (j) In the case of real property, a copy of the most recent property tax bill for the year preceding the year of the decedent's death and a legal description of the property, which description shall be imprinted on or attached to the application. The register of deeds shall record the bill.

AB152,2,3 (3) The register of deeds shall then mail, or deliver, copies of such application to the circuit court for the county of residence of the decedent, unless the clerk of courts notifies the register of deeds in writing that this procedure is unnecessary.

AB152, s. 2 Section 2. 867.046 (2) (i) and (4) of the statutes are amended to read:

AB152,2,8 867.046 (2) (i) In the case of real property, a copy of the most recent property tax bill for the year preceding the year of the decedent's death and a legal description of the property, which description shall be imprinted on or attached to the application. The register of deeds shall record the bill.

AB152,2,12 (4) Delivery of application. The register of deeds shall mail or deliver a copy of the application to the circuit court for the county of residence of the decedent, unless the clerk of courts notifies the register of deeds in writing that this procedure is not necessary.

AB152,2,13 (End)