Wisconsin Small Estate Affidavit
In Wisconsin a transfer by affidavit lets an heir collect a decedent's property when the estate subject to administration is $50,000 or less in gross value, with no general waiting period, and it can reach real property. Attorney review available.
Introduction
A small estate affidavit is a sworn statement that lets a person entitled to a decedent's property collect it without full probate, and Wisconsin is unusual in letting its version reach real property, not just personal property, after the heirs get 30 days notice. In Wisconsin this is called a transfer by affidavit, under Wis. Stat. Section 867.03. An heir of the decedent, a trustee of a revocable trust the decedent created, a person named in the will to act as personal representative, or the person who was the decedent's guardian at death may collect the decedent's money and property by giving the holder an affidavit. The transfer by affidavit is available only when the decedent leaves property subject to administration in Wisconsin that does not exceed $50,000 in gross value. Wisconsin sets no general waiting period after death, so the affidavit can usually be used right away. There is one exception: if the affidavit comes from a person named in the will as personal representative who is not also an heir, trustee, or guardian, the holder may not transfer the property until 30 days after receiving the affidavit. The affidavit can also reach real property, but before recording it with the register of deeds the affiant must give the decedent's heirs at least 30 days notice. Certain prior notice, including notice for public benefit recovery under Section 867.03(1m), may also be required. DocDraft builds your Wisconsin transfer by affidavit from your facts, with attorney review available before you sign.
Key Things to Know
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A small estate affidavit is a sworn statement that lets a person entitled to a decedent's property collect it without full probate, and in Wisconsin it is called a transfer by affidavit under Wis. Stat. Section 867.03.
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The transfer by affidavit is available only when the decedent leaves property subject to administration in Wisconsin that does not exceed $50,000 in gross value (Wis. Stat. Section 867.03).
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Wisconsin sets no general waiting period after the death, so the affidavit can usually be used without waiting a set number of days (Wis. Stat. Section 867.03).
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One exception applies: if the affidavit comes from a person named in the will as personal representative who is not also an heir, trustee, or guardian, the holder may not transfer the property until 30 days after receiving the affidavit (Wis. Stat. Section 867.03).
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The affidavit may be signed by an heir of the decedent, a trustee of a revocable trust the decedent created, a person named in the will as personal representative, or the person who was the decedent's guardian at death (Wis. Stat. Section 867.03).
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The affidavit can reach real property, but before recording it with the register of deeds the affiant must give the decedent's heirs at least 30 days notice (Wis. Stat. Section 867.03).
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Prior mailed notice may be required before using the affidavit, including notice for recovery of public assistance under Wis. Stat. Section 867.03.
Key decisions before you file
Before you file a Small Estate Affidavit in Wisconsin, a few decisions shape the document: which option to choose and what each one means. The Small Estate Affidavit guide walks through them.
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Once your Small Estate Affidavit is ready, you can check whether it needs to be notarized in Wisconsin in about a minute, and notarize it online through DocDraft if it does.
Wisconsin Requirements for Small Estate Affidavit
In Wisconsin the small estate affidavit is called a transfer by affidavit under Wis. Stat. Section 867.03. The affiant gives the affidavit to the holder of the asset, who then pays or delivers the property; there is no court appointment for a qualifying estate.
The transfer by affidavit is available only when the decedent leaves property subject to administration in Wisconsin that does not exceed $50,000 in gross value (Wis. Stat. Section 867.03). The affidavit states the total value of that property.
Wisconsin sets no general waiting period after the death, so the affidavit can usually be used right away (Wis. Stat. Section 867.03). The exception is a 30-day hold when the affidavit comes from a will-named personal representative who is not also an heir, trustee, or guardian.
The affidavit may be signed by an heir of the decedent, a trustee of a revocable trust the decedent created, a person named in the will as personal representative, or the person who was the decedent's guardian at death (Wis. Stat. Section 867.03).
The affidavit can describe an interest in or lien on real property and be recorded with the register of deeds, unlike the personal-property-only affidavits in many states (Wis. Stat. Section 867.03).
If the affidavit describes an interest in real property, the affiant must give the decedent's heirs a copy and notice, by certified mail or personal service, at least 30 days before submitting it to the register of deeds (Wis. Stat. Section 867.03).
The affiant must provide proof of any prior mailed notice required under Wis. Stat. Section 867.03, including notice related to recovery of public assistance, before collecting on the affidavit.
The transfer by affidavit is sworn, and the affiant must apply the collected property to the decedent's debts and distributions correctly (Wis. Stat. Section 867.03). Do not sign if the facts are uncertain.
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In Wisconsin it is called a transfer by affidavit, under Wis. Stat. Section 867.03. It is a sworn statement that lets an heir, a trustee of the decedent's revocable trust, a person named in the will as personal representative, or the decedent's former guardian collect the decedent's money and property without opening probate. The affiant gives the affidavit to whoever holds the asset, stating the total value of the property subject to administration in Wisconsin, and the holder then pays or delivers the property to the affiant.
Probate in Wisconsin is a court-supervised administration that can involve a personal representative and formal filings. A transfer by affidavit under Wis. Stat. Section 867.03 skips court supervision for a qualifying estate: the affiant collects the property directly by presenting the affidavit to the holder. It is available only when the property subject to administration in Wisconsin does not exceed $50,000 in gross value. Larger estates, or those that do not qualify, go through probate or another Wisconsin procedure.
The decedent must leave property subject to administration in Wisconsin that does not exceed $50,000 in gross value (Wis. Stat. Section 867.03). The affidavit states the total value of that property as of the date of death. Because the figure is a gross value of the property subject to administration, assets that pass outside administration are treated separately. If the estate is above $50,000, the transfer by affidavit is not available and probate is generally required in Wisconsin.
Wisconsin sets no general waiting period after the death, so a transfer by affidavit can usually be used right away (Wis. Stat. Section 867.03). The one exception is that if the affidavit comes from a person named in the will as personal representative who is not also an heir, trustee, or guardian, the holder may not transfer the property until 30 days after receiving the affidavit. For real property, the affiant must give the heirs at least 30 days notice before recording.
Yes, which is unusual among the states. Under Wis. Stat. Section 867.03 a transfer by affidavit can describe an interest in or lien on real property. Before submitting the affidavit to the register of deeds, the affiant must give the decedent's heirs a copy of the affidavit and notice, by certified mail or personal service, at least 30 days in advance. The affidavit is then recorded in the register of deeds for each county where the Wisconsin real property is located.
Under Wis. Stat. Section 867.03 the affidavit may be signed by an heir of the decedent, a trustee of a revocable trust the decedent created, a person named in the will to act as personal representative, or the person who was the decedent's guardian at the time of death. The affiant collects the money and property on the affidavit and is responsible for applying it properly. This is a broader set of eligible signers than many states allow for a small estate affidavit.
Sometimes. Under Wis. Stat. Section 867.03 the affiant must provide proof of prior mailed notice where it applies, which includes notice related to recovery of public assistance, before collecting on the affidavit. Separately, for real property the affiant must give the decedent's heirs at least 30 days notice before recording the affidavit with the register of deeds. Confirm which notice requirements apply to your situation before using the affidavit in Wisconsin.
The transfer by affidavit is a sworn statement, so the affiant is responsible for the accuracy of the value stated and for applying the collected property to debts and distributions correctly (Wis. Stat. Section 867.03). Using the affidavit when the property subject to administration actually exceeds $50,000, or without the required notices, can create liability to heirs and creditors. When the value is near the limit in Wisconsin, it is worth confirming the right approach before signing.