Free Wisconsin Small Estate Affidavit

Prepare the Wisconsin small estate affidavit for estates up to $50,000, plus presentation letters for each holder. Wis. Stat. § 867.03.

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Your Information

The Wisconsin affidavit identifies the claiming successor and the basis of entitlement.

Skipping probate?Settle the whole estate in one place.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

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NOT LEGAL ADVICE:This document was created entirely based on your selections. SimplyTrust does not review, analyze, or verify your entries, nor do we verify your identity, capacity, or authority to act. You are solely responsible for determining whether this document meets your needs and for completing all required execution formalities (signatures, witnesses, notarization, or recording) in accordance with your state's laws. For any legal questions, consult a licensed attorney in your state.

Frequently Asked Questions About Wisconsin Small Estate Affidavits

No statewide form. Wis. Stat. § 867.03(1g) sets what the affidavit must state, and the affidavit is drafted to those requirements; the required elements print with the document as a checklist.

$50,000, per Wis. Stat. § 867.03. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

30 days after the death (Wis. Stat. § 867.03). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

Any heir of the decedent, trustee of a revocable trust created by the decedent, person named in the will to act as personal representative, or person who was guardian of the decedent at the time of death, when the decedent leaves property subject to administration in Wisconsin not exceeding $50,000 in gross value. A person named in the will solely as personal representative (who is not also an heir, trustee, or former guardian) cannot receive real property by affidavit and is subject to a 30-day holder wait. Wis. Stat. § 867.03(1g), (1h), (1j).

The person owing the money, having custody of the property, or acting as registrar or transfer agent of the evidences of interest, obligation, or right — together with proof of the prior mailed notice to the Department of Health Services when the decedent or spouse received the listed public benefits (certified mail, return receipt requested; proof of delivery attached to the affidavit, § 867.03(1m)). For real property, a certified copy of the affidavit is recorded with the register of deeds of each county where the property is located, with proof of the 30-day advance notice to heirs attached (§ 867.03(1p), (2m)).

On transfer per the affidavit (with attached DHS proof of mailing where required), the transferor is released to the same extent as if the transfer had been made to the personal representative of the estate (§ 867.03(2)); the release does not apply if the holder ignored the 30-day wait rules for a named-PR affiant (§ 867.03(1j)(c)). By accepting the property, the affiant assumes a duty to apply it to obligations under the § 859.25 priorities and distribute the balance under the governing instrument or intestacy (§ 867.03(2g)(a)); transferred property remains subject to Department of Health Services recovery of medical assistance and related aid (§ 867.03(2g)(b)).

Real property CAN pass by the affidavit — heirs, trustees of the decedent's revocable trust, and former guardians may have the decedent's interests in real property transferred, recording the affidavit with the register of deeds of each county where the property lies after giving the decedent's heirs 30 days' advance notice by certified mail or personal service (§ 867.03(1p), (2m)). The exception: a person named in the will to act as personal representative (who is not also an heir, trustee, or former guardian) may not receive real property by affidavit (§ 867.03(1h)). Wis. Stat. § 867.03(1h), (1p), (2m).

Small Estate Collection in Wisconsin

The Wisconsin transfer by affidavit is prepared by the successor — Wis. Stat. § 867.03(1g) governs its contents — and collects a small estate's property without probate administration.

The Wis. Stat. § 867.03 limit is $50,000. The affidavit can be signed 30 days after the death. An estate over the limit is administered through probate instead.

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Frequently Asked Questions About Wisconsin Small Estate Affidavits

No statewide form. Wis. Stat. § 867.03(1g) sets what the affidavit must state, and the affidavit is drafted to those requirements; the required elements print with the document as a checklist.

$50,000, per Wis. Stat. § 867.03. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

30 days after the death (Wis. Stat. § 867.03). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

Small Estate Collection in Wisconsin

The Wisconsin transfer by affidavit is prepared by the successor — Wis. Stat. § 867.03(1g) governs its contents — and collects a small estate's property without probate administration.

The Wis. Stat. § 867.03 limit is $50,000. The affidavit can be signed 30 days after the death. An estate over the limit is administered through probate instead.

Free Wisconsin Small Estate Affidavit

Your Information

Frequently Asked Questions About Wisconsin Small Estate Affidavits