Wisconsin Small Estate Affidavit

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

Add up the gross value of all property subject to administration in Wisconsin.
Fill in the State Bar of Wisconsin Transfer by Affidavit form and sign it under oath.
If the person or spouse received Medicaid or other listed benefits, send a copy by certified mail to the DHS Estate Recovery Program first.
For real estate, give the heirs a copy and 30 days' notice (or get waivers), then record it with the register of deeds.
Give the affidavit to each holder of other property.
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.

Forms

Law: Wis. Stat. 867.03

Source: Official page

What counts toward the limit in Wisconsin

For the Transfer by Affidavit, add up the gross value of all the person's property subject to administration in Wisconsin on the date of death. Do not subtract debts or mortgages. Include property that would be paid to the estate through a beneficiary designation. Leave out property that passes on its own, such as jointly owned property and benefits paid to a named beneficiary.

Law: Wis. Stat. 867.03

In this state the total is counted at full value, without subtracting debts.

Kind of property	How it is treated	Details
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.
Cars and other vehicles	Not clear	A surviving spouse or domestic partner can transfer up to five vehicles through the DMV with form MV2300. Ask the register in probate whether a vehicle's value is added to the $50,000 total. Law: WisDOT form MV2300; Wis. Stat. 342.17(4)(b)
Boats and mobile or manufactured homes	Counts	Boats and other titled property in the person's name alone count at gross value. Law: Wis. Stat. 867.03
Real estate in Wisconsin	Counts	Wisconsin real estate in the person's name counts at gross value (the mortgage is not subtracted). The affidavit can transfer it. Law: Wis. Stat. 867.03
Main home (primary residence)	Counts	The person's home counts at gross value unless it passes by joint ownership or a transfer on death deed. Law: Wis. Stat. 867.03
Real estate in another state	Left out	Only property subject to administration in Wisconsin is counted. Law: Transfer by Affidavit form, item 3
Unpaid wages owed to the person	Not clear	Ask the register in probate how unpaid wages are treated. Law: Wis. Stat. 867.03
Military pay owed to the person	Not clear	Ask the register in probate how military pay owed to the person is treated. Law: Wis. Stat. 867.03
Life insurance or retirement money paid to a named person	Left out	Life insurance and IRA, pension or 401(k) money paid to a named beneficiary other than the estate goes directly to that beneficiary and is left out.
Life insurance or retirement money paid to the estate	Counts	Money that would be paid to the estate through a beneficiary designation, or where no beneficiary was named, counts.
Property in a living trust	Not clear	Ask the register in probate how property held in a trust is treated. Law: Wis. Stat. 867.03
Property owned jointly with right of survivorship	Left out	Property titled in joint ownership passes automatically to the surviving owner and is left out.
Property going to a surviving spouse	Not clear	Wisconsin is a marital property state. Ask the register in probate how the person's share of marital property and property passing to the spouse is counted. Law: Wis. Stat. 867.03
Stocks, bonds and brokerage accounts	Counts	Stocks and bonds in the person's name alone count, unless they pass to a named beneficiary.
Furniture, jewelry and other belongings	Counts	Furniture, jewelry, tools and other belongings count at gross value. Law: Wis. Stat. 867.03

Source: Official page

Questions about small estates in Wisconsin

How long must I wait to use the affidavit in Wisconsin?

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.

What does the affidavit cost in Wisconsin?

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.

Am I responsible for debts if I use the affidavit in Wisconsin?

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.

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.