What to gather for a small estate in Wisconsin

Pick a procedure and check off what you already have. Download or print the list to take with you.

Papers most holders ask for
Papers for this procedure: Transfer by Affidavit ($50,000 gross and under, Wis. Stat. 867.03)
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Your checklist

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

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

Car or vehicle title after a death in Wisconsin

If the person was the only owner, a surviving spouse or domestic partner can transfer up to five vehicles with form MV2300 and a title application (MV1), and there is no title fee for a spouse, domestic partner or qualifying family member. Another heir uses MV2300 to certify that the person had no solely owned property worth more than $50,000; the heir pays the title transfer fee. A spouse signing MV2300 becomes personally liable for the person's debts up to the value of the vehicles. Papers are mailed to the DMV.

Law: Wis. Stat. 342.14(3), 342.14(3m), 342.17(4)(b), 867.03 (as listed on form MV2300)

Agency
Wisconsin Department of Transportation, Division of Motor Vehicles (DMV)
Form
MV2300 Statement of Transfer of Vehicles to or by a Surviving Family Member, Domestic Partner, or Heir
Fee

No title fee for a surviving spouse, domestic partner or qualifying family member. For other heirs, the DMV guide (BDS367, 6/2026) lists a $214.50 title transfer fee and a $20 replacement title fee if the title is lost.

Source: 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.

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.