"Transfer by Affidavit" - Wisconsin

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.