Wisconsin’s small estate affidavit, formally called a Transfer by Affidavit under Wis. Stat. § 867.03, lets an eligible person collect a deceased person’s assets without opening probate when the estate’s gross value subject to Wisconsin administration is $50,000 or less.1Wisconsin State Legislature. Wisconsin Code 867.03 – Transfer by Affidavit It works for bank accounts, vehicles, stocks, and real estate, though real property comes with extra notice and recording steps. The paperwork is modest; the duties you accept by signing it are not.
Who Can File
Only four kinds of people may use the affidavit:1Wisconsin State Legislature. Wisconsin Code 867.03 – Transfer by Affidavit
- An heir of the decedent, meaning anyone who would inherit under the will or, with no will, under Wisconsin’s intestacy rules.
- A trustee of a revocable trust the decedent created during life.
- A person named in the will as personal representative, even if a court has not formally appointed them.
- A guardian who held legal guardianship of the decedent at death.
If you qualify only as the person named in the will to serve as personal representative, two added rules apply. You cannot use the affidavit to receive real estate at all. And for personal property, the institution holding the assets must wait 30 days after receiving your affidavit before releasing anything; if another eligible person files a competing affidavit in that window, the institution freezes the assets until a court resolves it. Those limits fall away if you also happen to be an heir, trustee, or guardian.2Wisconsin State Legislature. Wisconsin Code 867.03 – Transfer of Property by Affidavit
When the Estate Qualifies
Two threshold conditions must be met. The total gross value of property subject to administration in Wisconsin cannot exceed $50,000, measured at fair market value minus any liens or encumbrances. And no petition to appoint a personal representative can be pending or already granted in Wisconsin. Once formal or informal probate has opened, the affidavit path closes.2Wisconsin State Legislature. Wisconsin Code 867.03 – Transfer of Property by Affidavit
“Subject to administration” means property that would otherwise go through probate. Assets held in joint tenancy, payable-on-death accounts, and anything with a named beneficiary pass outside probate and do not count against the $50,000 cap.
What the Affidavit Must Contain
The statute dictates what has to appear on the affidavit. You include the decedent’s full name, date of death, and place of death. For each asset, you provide a description and value: account numbers for bank accounts, VINs for vehicles, specific identifiers for stocks. You confirm that the cumulative value of property transferred through this process does not exceed $50,000.2Wisconsin State Legislature. Wisconsin Code 867.03 – Transfer of Property by Affidavit
You also list the names and mailing addresses of all heirs and disclose whether the decedent or the decedent’s spouse ever received long-term care benefits, medical assistance, or similar state-funded services. If there is no will, say so. For real estate, include the full legal description that matches the county parcel records, not just the street address; an incorrect legal description creates title problems later.
The State Bar of Wisconsin’s Real Property, Probate and Trust Section now maintains the form that was previously published by the court system as PR-1831. You can find the current version through the State Bar’s probate resources or the Wisconsin Court System’s forms directory.3Wisconsin Court System. Circuit Court Forms Sign it before a notary, then file it with the probate registrar in the county where it will be used and get confirmation it was recorded. The affidavit itself must state that this filing happened.2Wisconsin State Legislature. Wisconsin Code 867.03 – Transfer of Property by Affidavit You will also need a certified death certificate, which costs $20 from the Wisconsin Department of Health Services or a county vital records office.4Wisconsin Department of Health Services. Vital Records: Requesting a Vital Record
Notices You Must Send Before Collecting
Notice to the Department of Health Services
If the decedent or the decedent’s spouse ever received medical assistance, long-term care benefits, or other covered state services, you must send notice to the Wisconsin Department of Health Services Estate Recovery Program before presenting the affidavit to anyone holding the assets.2Wisconsin State Legislature. Wisconsin Code 867.03 – Transfer of Property by Affidavit The notice period lets the state determine whether it has a recovery claim for services it paid during the decedent’s lifetime. Skipping this step exposes you to personal liability for any amount the department could have recovered. When in doubt, send the notice.
Notice to Heirs for Real Estate
If the affidavit covers real estate, you must send every heir a copy of the affidavit and notice of your intent to record it with the Register of Deeds. Delivery is by certified mail or personal service, at least 30 days before you submit the affidavit for recording.2Wisconsin State Legislature. Wisconsin Code 867.03 – Transfer of Property by Affidavit That window gives other heirs a chance to object. You cannot record the affidavit without proof you completed this step.
Collecting Bank Accounts, Vehicles, and Other Personal Property
After any required notice period has run, present the original notarized affidavit and the certified death certificate to the bank, brokerage, or other holder. Wisconsin law requires these entities to release the funds or transfer the asset to you.1Wisconsin State Legislature. Wisconsin Code 867.03 – Transfer by Affidavit
Transferring Real Estate
Real estate carries the most procedural requirements, and this is where mistakes happen. Once the 30-day heir notice period has passed and you have complied with any DHS notification, submit a certified copy or duplicate original of the affidavit for recording with the Register of Deeds in each county where the real property sits. Attach proof that you notified all heirs at least 30 days earlier and, if applicable, proof that you sent the DHS notice.2Wisconsin State Legislature. Wisconsin Code 867.03 – Transfer of Property by Affidavit Recording is what actually transfers the decedent’s interest to you; until then, the property has not legally changed hands.
A reminder on the boundary noted earlier: a person named in the will as personal representative who is not also an heir, trustee, or guardian cannot use this process for real estate. In that situation, you need formal or informal probate for the real property even if the rest of the estate qualifies for the affidavit.
What You Owe After You Collect
Signing the affidavit and collecting the property does not mean you keep it. You take on a legal duty to pay the decedent’s outstanding debts in the priority order set by Wisconsin law, then distribute whatever remains to the people entitled to it under the will or, with no will, under intestacy.2Wisconsin State Legislature. Wisconsin Code 867.03 – Transfer of Property by Affidavit
The Department of Health Services keeps its right to recover amounts equal to medical assistance and long-term care services paid for the decedent or the decedent’s spouse. If DHS asks, you must provide information about the property you distributed and the people who received it.2Wisconsin State Legislature. Wisconsin Code 867.03 – Transfer of Property by Affidavit That recovery right follows the property regardless of who ends up holding it.
Costs
The affidavit process is inexpensive compared to full probate. Expect roughly these amounts:
- Certified death certificate: $20 for the first copy, $3 for each additional. Order at least two, since banks and the Register of Deeds may each need one.4Wisconsin Department of Health Services. Vital Records: Requesting a Vital Record
- Notarization: capped in Wisconsin at $5 per signature.
- Register of Deeds recording: $30 per document, in each county where real property is located.
- Certified mail: a few dollars per heir for the 30-day real estate notice.
Expect well under $100 for a straightforward personal property transfer, and roughly $100 to $150 if real estate is involved. Full probate attorney fees commonly run into the thousands.
The Decedent’s Final Tax Return
Using the affidavit does not eliminate the decedent’s federal tax obligations. Someone still has to file a final individual income tax return (Form 1040 or 1040-SR) covering income from January 1 through the date of death, reporting all income earned in that period and claiming any eligible deductions and credits.5Internal Revenue Service. File the Final Income Tax Returns of a Deceased Person Any unfiled returns from prior years need to be filed as well. If a refund is due, submit Form 1310 with the return. Any balance owed becomes a debt of the estate, payable by the person who collected the assets out of estate funds before distributing to heirs.