Wisconsin Small Estate Affidavit | Transfer by Affidavit

Any heir, trustee, or guardian of the Decedent, or a personal representative who is named in the Decedent’s will, is qualified under state law to use a Wisconsin Small Estate Affidavit. The purpose of this Affidavit is to legally empower these parties to acquire the portion of the Decedent’s estate that they are lawfully owed. When filling out the Affidavit, it should be kept in mind that the mandatory guidelines (as found below) must be respected, otherwise the offending party will be in breach of the state’s Small Estate laws.

Laws & Required Conditions

Laws: § 867.03

Maximum Estate Value: $50,000

Required Conditions: A party permitted under state law to use a Wisconsin Small Estate Affidavit must ensure that:

  • The Affidavit includes a statement describing the property in question. The value of the property to be transferred, as well as the total value of any property subject to administration should be noted,
  • As per Section 867.03(1g)(c), the Affidavit must state if the Decedent or their spouse received services under the following situations, if it was provided as a benefit:
    • A long-term care program,
    • Medical assistance,
    • Long-term community support services, or
    • Aid.
  • The restrictions for a personal representative to claim the Decedent’s property are respected, as outlined by Section 867.03(1h) and Section 867.03(1j),
  • Any notices required by law must be executed, as provided by Section 867.03(1m) and Section 867.03(1p),
  • The person using the Affidavit (the Affiant) is required to uphold the obligations demanded of them in Section 867.03(2g), and
  • The Affidavit must be duly recorded, as set forth by Section 867.03(2m).