Wisconsin PDF Forms
Homepage ⇨ Attorney-Approved Wisconsin Small Estate Affidavit Document
Structure

The Wisconsin Small Estate Affidavit form serves as a crucial tool for individuals seeking to simplify the probate process for estates that fall below a certain monetary threshold. This form allows heirs or beneficiaries to claim assets without the need for formal probate proceedings, streamlining the transfer of property. In Wisconsin, the small estate limit is set at $50,000 for personal property and $100,000 for real estate, making this option accessible for many families dealing with modest estates. The affidavit must be completed accurately and submitted to the appropriate financial institutions or property holders, enabling the claimant to assert their right to the decedent's assets. It is important to note that the form requires specific information, including the names of all heirs, a description of the estate, and an affirmation that the estate qualifies as a small estate under state law. By utilizing this form, individuals can efficiently navigate the complexities of estate transfer, thereby reducing the time and costs associated with traditional probate processes.

Form Example

Wisconsin Small Estate Affidavit

This document is intended to facilitate the transfer of certain small estate assets in the state of Wisconsin without the need for formal probate proceedings, in accordance with the Wisconsin Statutes, Section 867.03 (Transfer by Affidavit) and any other relevant state-specific laws. It is applicable when the total value of the decedent's estate subject to Wisconsin administration, not including any vehicles, does not exceed $50,000.

Instructions: Complete all sections of this affidavit. Do not leave any blanks. If a section does not apply, please write “N/A”. Ensure that all information provided is accurate and truthful. Once completed, this document should be presented to the entity holding the decedent’s assets (e.g., bank) or to any party owing a debt to the decedent’s estate.

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Affidavit Information

State of Wisconsin
County of ________________

I, ________________ [Name of Affiant], residing at ________________ [Address of Affiant], being duly sworn, depose and say:

  1. I am an interested person in the estate of ________________ [Name of Decedent], who resided at ________________ [Address of Decedent] and died on ________________ [Date of Death], as evidenced by the attached certified copy of the death certificate.
  2. More than 30 days have elapsed since the death of the decedent.
  3. The decedent did not leave a will, or if the decedent left a will, I am the executor named in the will to administer the estate, or I am legally authorized to act on behalf of the estate under Wisconsin law.
  4. The total value of the entire estate subject to administration in Wisconsin, excluding the value of any registered motor vehicles owned by the decedent, does not exceed $50,000.
  5. The legal description and location of any real estate located in Wisconsin that the decedent owned at the time of death, if applicable, is: ________________.
  6. I am entitled to payment or delivery of the property because: ________________ [Explanation of Relationship to Decedent and/or Entitlement].
  7. There is no pending or granted application or petition for summary assignment or transfer or for administration of the decedent’s estate under Wisconsin law.
  8. I understand that presenting this affidavit to a holder of property or a debtor of the decedent constitutes a representation under penalty of perjury that the facts stated in the affidavit are true.
  9. I agree to indemnify and hold harmless any third party who relies on this affidavit to transfer any of the decedent’s property to me against any claims or demands of others.

Executed on ________________ [Date] at ________________ [City, State].

________________________________
[Signature of Affiant]

Subscribed and sworn to (or affirmed) before me on this _____ day of ________________, 20___.

________________________________
[Signature of Notary Public]
My commission expires: ________________

Notice: This document is legally binding and may affect your rights. It is advisable to consult with an attorney to ensure that your rights and interests are fully protected.

➤ PDF File

File Specifications

Fact Name Description
Purpose The Wisconsin Small Estate Affidavit allows individuals to claim assets of a deceased person without going through formal probate, simplifying the process for small estates.
Eligibility This form is applicable for estates where the total value of the assets does not exceed $50,000 for individuals or $100,000 for married couples.
Governing Law The use of the Small Estate Affidavit is governed by Wisconsin Statutes § 867.03.
Filing Requirements To use the affidavit, heirs must provide a list of the deceased's assets and debts, along with proof of their identity and relationship to the deceased.
Limitations This affidavit cannot be used if the deceased owned real estate. In such cases, a formal probate process is required.
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