Wisconsin Small Estate Affidavit

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Wisconsin Small Estate Affidavit

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Last updated April 5th, 2026

A Wisconsin small estate affidavit is a document used to distribute the assets of a decedent’s estate without requiring court authorization. This form, also referred to as a “Transfer of Affidavit,” may be used if the value of the decedent’s estate does not exceed $50,000.

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A Wisconsin small estate affidavit is a document used to distribute the assets of a decedent’s estate without requiring court authorization. This form, also referred to as a “Transfer of Affidavit,” may be used if the value of the decedent’s estate does not exceed $50,000.

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Laws

  • Maximum Estate Value: $50,000[1]
  • Mandatory Waiting Period: Not mentioned in state statutes.
  • Where to File: Register of Deeds (if transferring real estate)[2]

How to Use (4 Steps)

Step 1 – Requirements

To distribute an estate without probate, its value cannot be over $50,000.[3] The Transfer by Affidavit can only be completed by an heir, trustee, or the decedent’s guardian, or the named personal representative (unless the estate contains real estate.[4]

Step 2 – Complete Forms

The affiant must complete and notarize the Transfer by Affidavit. If transferring real estate, heirs must receive a copy of the Affidavit along with the Affidavit of Heirship, Affidavit of Service or Waiver of Notice, and a notice stating that the affiant will record the Transfer of Affidavit.[5] Heirs must be sent the forms at least 30 days before the Affidavit is recorded.

Step 3 – Record Affidavit (if applicable)

If real estate is being transferred, the affiant must submit the completed forms to the Register of Deeds.[6] If the deceased or their spouse received certain medical benefits, the Affidavit must also be mailed to[7]:

Wisconsin Department of Health Services
Estate Recovery Program
P.O. Box 309
Madison, WI
53701-0309

Step 4 – Summary Distribution

The affiant must collect the decedent’s assets, settle estate debts, and distribute remaining assets as outlined in the will (if any) or intestate succession laws.[8]

Sources

  1. § 867.03(1g)
  2. § 867.03(2m)(a)
  3. § 867.03(1g)
  4. § 867.03(1h)
  5. § 867.03(1p)
  6. § 867.03(2m)(a)
  7. § 867.03(1m)(a)
  8. § 867.03(1g) & (2g)(a)