Wisconsin Small Estate Affidavit | Transfer by Affidavit

The Wisconsin Small Estate Affidavit is a legal form that is used to transfer the estate of a person that recently died to another individual, who is typically blood-related. The form provides an alternative to the probate process, which is a notoriously lengthy and complex process. 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 an affidavit. The purpose of the form 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 could 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 the document 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
    • Aid
  • The restrictions for a personal representative to claim the decedent’s property are respected, as outlined by § 867.03(1h) and § 867.03(1j).
  • Any notices required by law must be executed, as provided by § 867.03(1m) and § 867.03(1p).
  • The person using the affidavit (the affiant) is required to uphold the obligations demanded of them in § 867.03(2g).
  • The affidavit must be duly recorded, as set forth by § 867.03(2m).