"Transfer by Affidavit" - Wisconsin

Wisconsin Small Estate Affidavit Form: What Is It?

A Wisconsin Small Estate Affidavit Form is a formal document created to distribute the tangible and intangible assets of a deceased person if their heir or representative believes the estate is small enough to qualify for a simplified settlement.

Alternate Names:

  • Form PR-1831;
  • Transfer by Affidavit.

If you want to skip probate and all the successors of the decedent are known meaning it is unlikely anyone would dispute the inheritance order, you are entitled to choose a quicker way to claim the real and personal property of the estate owner.

You can find a fillable Wisconsin Small Estate Affidavit through the link below.

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How to File a Small Estate Affidavit in Wisconsin?

Here is how you need to compose and file a Wisconsin Small Estate Affidavit:

  1. Check the state regulations related to the small estate settlement. While there is no waiting period to observe before you are able to collect the assets, you have to make sure the estate does not exceed $50.000 (not including commercial or residential property) and the papers are read and signed by a notary public.
  2. Fill out the affidavit. State whether this is your first claim or the affidavit is corrected, indicate the name, last residential address, and dates of birth and death of the estate owner, elaborate on your status as an heir, trustee, or guardian, confirm whether you were appointed as a representative of the decedent, record the value of the estate, describe the property you want to transfer into your name, check the box to certify you notified all known heirs of the deceased person, note the decedent's marital status, and list the government services the estate owner or their spouse received.
  3. Inform the Department of Health Services about your wish to claim the property of the decedent by sending them a list of the assets the affidavit contains. The receipt that shows you sent them a letter must be attached to the affidavit in question before it is notarized.
  4. Once you complete the document and notify all relevant parties about the settlement, book an appointment with a notary public - they will acknowledge your intentions to opt for a quicker settlement procedure and put a notary seal under your signature - do not sign and date the form before your visit.

How Long Does a Transfer by Affidavit Take?

Since Wisconsin is one of the states that do not oblige the heir to wait after the death of the estate owner, it is allowed to prepare, notarize, and submit an affidavit immediately after the passing of the person that owned the assets. However, if the estate in question includes real property, there is also an obligation to determine and notify all the potential heirs of the estate - they must know about the affidavit you are drafting at least thirty days before you reach out to the local office of the Register of Deeds to claim the house or apartment you want to own.

Besides, even if the goal is to come into possession of personal items and you are making a request to a private party, the processing of your document may take several weeks so be ready to wait for a month or two before you can transfer the property into your name.

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CLEAR FORM
TRANSFER BY AFFIDAVIT
 Amended (if Transfer by Affidavit form previously recorded,
amending recorded Document No. ________________)
§867.03, Wis. Stats. – Estates with property worth $50,000 or less (gross value)
Estate
of
__________________________________________________
(the
“Decedent”).
UNDER OATH, I STATE:
1.
The Decedent was born on _____________ and died on _________________
domiciled
in
the
County
of
________________________
State
of
_______________________
and
with
a
mailing
address
of
__________________________________________________________.
2.
I am signing this Transfer by Affidavit in the following capacity:
 an heir having the following relationship with the Decedent:
___________________
 trustee of a revocable trust created by the Decedent.
 a person who was the guardian of the Decedent at the time of the Decedent’s
death.
 the person identified in the Decedent’s Will to act as personal representative.
NOTE: Per §867.03(1h), Wis. Stats., if you are signing as nominated personal
representative in the Decedent’s Will, then this Affidavit may not be used to
transfer the Decedent’s interest in real estate.
Register of Deeds recording area
3.
The total gross value of the Decedent’s property subject to administration in
Name and return address
Wisconsin on the date of the Decedent’s death was $______________________.
NOTE: All property of the Decedent subject to administration must be included
in the total gross value and on this Affidavit, which may not exceed $50,000 gross
value.
Parcel No(s).: __________________________
______________________________________
4.
If the Transfer by Affidavit is being used to transfer the Decedent’s interest in real estate, the heirs of the Decedent are identified on the
Affidavit of Heirship attached.
5.
I ask that the following property of the Decedent be transferred to me pursuant to §867.03(1g), Wis. Stats:
DESCRIPTION OF ALL PROPERTY TO BE TRANSFERRED
If real estate, list legal description and tax parcel number. If personal property (including digital property as defined under §711.03(10), Wis.
Stats.), specifically describe property including name of financial institutions and account type.
 See attached for additional property
Page 1 of 2
Transfer by Affidavit
§867.03, Wis. Stats. (7.17.19)
CLEAR FORM
TRANSFER BY AFFIDAVIT
 Amended (if Transfer by Affidavit form previously recorded,
amending recorded Document No. ________________)
§867.03, Wis. Stats. – Estates with property worth $50,000 or less (gross value)
Estate
of
__________________________________________________
(the
“Decedent”).
UNDER OATH, I STATE:
1.
The Decedent was born on _____________ and died on _________________
domiciled
in
the
County
of
________________________
State
of
_______________________
and
with
a
mailing
address
of
__________________________________________________________.
2.
I am signing this Transfer by Affidavit in the following capacity:
 an heir having the following relationship with the Decedent:
___________________
 trustee of a revocable trust created by the Decedent.
 a person who was the guardian of the Decedent at the time of the Decedent’s
death.
 the person identified in the Decedent’s Will to act as personal representative.
NOTE: Per §867.03(1h), Wis. Stats., if you are signing as nominated personal
representative in the Decedent’s Will, then this Affidavit may not be used to
transfer the Decedent’s interest in real estate.
Register of Deeds recording area
3.
The total gross value of the Decedent’s property subject to administration in
Name and return address
Wisconsin on the date of the Decedent’s death was $______________________.
NOTE: All property of the Decedent subject to administration must be included
in the total gross value and on this Affidavit, which may not exceed $50,000 gross
value.
Parcel No(s).: __________________________
______________________________________
4.
If the Transfer by Affidavit is being used to transfer the Decedent’s interest in real estate, the heirs of the Decedent are identified on the
Affidavit of Heirship attached.
5.
I ask that the following property of the Decedent be transferred to me pursuant to §867.03(1g), Wis. Stats:
DESCRIPTION OF ALL PROPERTY TO BE TRANSFERRED
If real estate, list legal description and tax parcel number. If personal property (including digital property as defined under §711.03(10), Wis.
Stats.), specifically describe property including name of financial institutions and account type.
 See attached for additional property
Page 1 of 2
Transfer by Affidavit
§867.03, Wis. Stats. (7.17.19)
6.
Real Estate – Requirement to notify heirs - 30 days: If this Affidavit proposes to transfer the Decedent’s interest in real estate, then
pursuant to §867.03(1p), Wis. Stats., I understand that I must provide a copy of this Affidavit, along with notice of my intention to
record this Affidavit with the register of deeds office for each county in which the Decedent had an interest in real estate, to the
Decedent’s heirs at least 30 days before recording.
I hereby confirm that I provided a copy of this Affidavit to the Decedent’s heirs at least 30 days prior to recording or have
obtained waivers from the heirs. The required Affidavit of Service OR Waiver of Notice form is attached hereto.
Decedent’s Spouse(s): If the Decedent was ever married, complete the following (if more than one spouse, check here and provide
7.
same information for additional spouses(s)  see attached):
Name of Spouse(s): _____________________________ ( living or  deceased)
 Married to Decedent
 Divorced from Decedent at time of Decedent’s death
 The affiant lacks information to complete this section.
8.
Government Services – requirement to notify State of Wisconsin: I understand that §867.03(1m), Wis. Stats. states that if the
Decedent or the Decedent’s spouse(s) ever received the following services, then I must notify the Estate Recovery Program for the
State of Wisconsin prior to transferring the Decedent’s property. I hereby certify that the Decedent and/or the Decedent’s spouse(s)
(either alive or deceased) received the following services:
Service
Decedent Received
Decedent’s Spouse
I Don’t Know
the Service
Received the Service
Medical Assistance/Medicaid
Family Care and/or Partnership benefits (through
Managed Care Organization)
Community Options Program benefits
Wisconsin Chronic Disease Program
Patient or inmate of a State of Wisconsin or Wisconsin
County hospital or institution or responsible for any
person owing an obligation to the State of Wisconsin or
County in the State of Wisconsin
If the Decedent or the Decedent’s spouse(s) received any of the services identified above, I hereby confirm that I provided a
copy of this Affidavit to the Department of Health Services Estate Recovery Program and have attached the required proof
of certified mail delivery showing the delivery date.
9.
I understand that by accepting the Decedent’s property under this Affidavit, I assume a duty to apply the property transferred for the
payment of obligations according to priorities established under §859.25, Wis. Stats., and to distribute any balance to those persons
designated in the appropriate governing instrument, as defined in §854.01, Wis. Stats., or if there is no governing instrument,
according to the rules of intestate succession under Chapter 852, Wis. Stats.
DECLARATION: To the best of my knowledge and belief, I declare that this document is true, accurate, complete, and in conformity with the
provisions and limitations of the Wisconsin Statutes.
STATE OF _________________________________________
_________________________________________________
Signature
COUNTY OF _______________________________________
_________________________________________________
Name printed or typed
Subscribed and sworn to before me on _________________
__________________________________________________
Notary Public/Court
________________________________________________
Address
__________________________________________________
Name printed or typed
My commission/term expires: _________________________
This document was drafted by: _______________________________________
Page 2 of 2
Transfer by Affidavit
§867.03, Wis. Stats. (7.17.19)
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