Letter asking for the balance on the date of death in Wisconsin

A short letter that asks a bank or other holder for the value of the person's accounts on the date of death. Banks usually want this before the estate is settled.

Required when you mail the letter.

It goes into the letter only. It is never saved or sent to us.

It goes into the letter as you type it. You can add a ready-made sentence:

Other formats

Do not send original documents unless the holder asks; keep copies. Sign the letter and keep a copy.

What to expect

A bank may ask for a certified death certificate and proof that you are allowed to ask. The bank decides what it will release and when.

Bank accounts after a death in Wisconsin

Jointly owned accounts pass to the surviving owner, and accounts with a named beneficiary go to that beneficiary. For an account in the person's name alone, an heir, trustee or guardian (or the person named personal representative in the will) can give the bank a Transfer by Affidavit if the Wisconsin probate property is $50,000 gross or less. If the person or spouse received Medicaid or other listed benefits, a copy must first go to the DHS Estate Recovery Program by certified mail.

Law: Wis. Stat. 867.03

Source: Official page

Do bank accounts count toward the small estate limit?

Kind of propertyHow it is treatedDetails
Bank accounts in the person's name alone
Counts

Bank accounts in the person's name alone count.

Law: Wis. Stat. 867.03

Joint or payable-on-death (POD) bank accounts
Left out

Jointly owned accounts pass to the surviving owner, and payable-on-death accounts go to the named beneficiary; they are left out.

Transfer-on-death (TOD) and payable-on-death (POD) in Wisconsin

Bank account (POD)

Yes

Source: Official page

Death certificates in Wisconsin

Certified copies are available only to people with a direct and tangible interest in the record, with photo ID. The CDC Where to Write page lists $20 for the first copy and $3 for each extra copy ordered at the same time; customer service is 608-266-1373.

Where to get it
Wisconsin Vital Records Office (Department of Health Services)
Official page
Official page

Surviving spouse in Wisconsin

A surviving spouse or domestic partner can transfer up to five of the person's vehicles through the DMV with form MV2300, with no title fee, and can use summary settlement for estates of $50,000 or less. Wisconsin is a marital property state: each spouse owns half of the marital property regardless of title, and the inventory must identify it.

Transfer by Affidavit ($50,000 gross and under, Wis. Stat. 867.03)

A sworn form you give to a bank or other holder to collect the person's property, or record with the register of deeds to transfer real estate, without opening a probate case. The person who signs it must pay the person's debts and pass on the rest.

Limit

Up to $50,000 Counted at full value, without subtracting debts.

The total gross value of the person's Wisconsin property subject to administration cannot be more than $50,000. Debts and mortgages are not subtracted.

What counts

The total gross value of the person's property subject to administration in Wisconsin on the date of death. All such property must be listed. Property that passes outside probate (joint ownership, named beneficiaries) is not included.

Waiting period

No waiting period applies for heirs. If you sign as the person named personal representative in the will, the holder must wait 30 days after receiving the affidavit. To transfer real estate, you must give the heirs a copy and notice at least 30 days before recording, unless they waive it.

Who can use it

An heir; the trustee of a revocable trust the person created; the person's guardian at death; or, for property other than real estate only, the person named in the will as personal representative.

Court or where to file

Given to the bank or other holder. For real estate, recorded with the register of deeds in each county where the land is.

Notary

Signed under oath before a notary public or court officer.

Papers to attach
  • List of all property to be transferred, with values (account names and types; legal description and parcel number for real estate)
  • Affidavit of Heirship, if real estate is transferred
  • Affidavit of Service or Waiver of Notice, if real estate is transferred
  • Proof of certified mail delivery to the DHS Estate Recovery Program, if the person or spouse received Medicaid or other listed benefits
  • Wisconsin Electronic Real Estate Transfer Return receipt, for real estate
Steps
  1. Add up the gross value of all property subject to administration in Wisconsin.
  2. Fill in the State Bar of Wisconsin Transfer by Affidavit form and sign it under oath.
  3. If the person or spouse received Medicaid or other listed benefits, send a copy by certified mail to the DHS Estate Recovery Program first.
  4. For real estate, give the heirs a copy and 30 days' notice (or get waivers), then record it with the register of deeds.
  5. Give the affidavit to each holder of other property.
  6. Pay the debts in the order set by law, then distribute the rest.
Fee

There is no court filing fee because the affidavit is not filed with a court. The register of deeds charges a recording fee for real estate.

Debts and responsibility

By accepting the property, you take on a duty to use it to pay the person's obligations in the order set by Wis. Stat. 859.25, and to give any balance to the people named in the will or other governing instrument, or to the heirs.

What the bank or holder must do

If the affiant is the person named personal representative in the will, the holder may not transfer the property until 30 days after receiving the affidavit; if another affidavit for the same person arrives in that time, the holder may not transfer without a court order.

Law: Wis. Stat. 867.03

Source: Official page

Who inherits with no will in Wisconsin

If there is a spouse and all the person's children are also the spouse's children, the spouse gets everything; if there are no children, the spouse also gets everything. If some children are not the spouse's, the spouse gets half of the person's property other than the person's share of marital property (and certain property held with the spouse), and the children share the rest. With no spouse, children share; then parents; then brothers and sisters; then grandparents' families. A domestic partner takes the place of a spouse.

Law: Wis. Stat. 852.01

Source: Official page

Good to know in Wisconsin

  • Wisconsin's Transfer by Affidavit can transfer real estate, but heirs must get a copy and 30 days' notice before it is recorded unless they waive it.
  • If the person or the spouse ever received Medicaid or certain other benefits, a copy of the affidavit must go to the DHS Estate Recovery Program by certified mail before any property is collected.
  • The court system no longer keeps the Transfer by Affidavit form; the State Bar of Wisconsin maintains it.

Related pages

Free help in Wisconsin

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.