Wisconsin Probate Types: Transfer by Affidavit, Summary, Informal, and Formal Administration
Find the right probate procedure for your situation
Compare eligibility, timing, court involvement, and local verification points
Simplified vs Formal Administration at a Glance
| Category | Summary | Formal | Winner |
|---|---|---|---|
| Small-estate personal property | Transfer by affidavit can collect personal property when gross value is $50,000 or less | Formal administration can handle broader assets and disputes | Summary |
| Court order needed | Summary settlement or summary assignment can provide a small-estate court order | Formal administration provides full adjudication and appointment authority | Tie |
| Filing fee | $0 court filing for the affidavit; summary paths use the value-based Register in Probate fee | Value-based Register in Probate fee (0.2% of net value over $10,000, no cap) | Summary |
| Real property | Affidavit transfers real property only for limited successors when recorded | Can address real property through court authority | Formal |
| Disputes | Simplified paths are poor fits for contested estates | Built for matters needing a judge | Formal |
Main Wisconsin Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney |
|---|---|---|---|---|---|
Transfer by Affidavit Wis. Stat. 867.03 | $50,000 or less in gross value of property subject to administration in Wisconsin | $0 court filing fee for the affidavit itself | Generally available after death; holders of money due the decedent may wait 30 days to transfer when a will-named representative uses the affidavit | Limited: an heir, revocable-trust trustee, or former guardian may transfer real property only if the affidavit is recorded with the county Register of Deeds; a person named in the will as personal representative cannot | No |
Summary Settlement Wis. Stat. 867.01 | Estate of $50,000 or less when the decedent is survived by a spouse, domestic partner, or one or more minor children; or any estate where value does not exceed costs, expenses, allowances, and claims | Register in Probate fee scales with net value (see fee note) | County court timing varies | Court review needed | No (often useful) |
Summary Assignment Wis. Stat. 867.02 | Estate of $50,000 or less in value, less debts secured by estate property, assigned without appointing a personal representative | Register in Probate fee scales with net value (see fee note) | County court timing varies | Court review needed | No (often useful) |
Informal Administration Wis. Stat. ch. 865 | No simple dollar cap | Register in Probate fee scales with net value (see fee note) | County court timing varies | Yes | No (often useful) |
Formal Administration Wis. Stat. ch. 856-859 | No simple dollar cap | Register in Probate fee scales with net value (see fee note) | County court timing varies | Yes | No (often useful) |
* The Register in Probate filing fee scales with estate value: $20 if the net value of property subject to administration is $10,000 or less, otherwise 0.2% (0.002) of the net value, with no cap (Wis. Stat. 814.66(1)(a)). County Registers in Probate may have local copy, certification, and scheduling details.
Side-by-Side Comparison
Transfer by Affidavit
Wis. Stat. 867.03
Smaller estates collecting accounts, vehicles, and personal property, where the gross value fits the $50,000 cap
Summary Settlement
Wis. Stat. 867.01
Small estates with a surviving spouse, domestic partner, or minor children, or estates absorbed by allowances and expenses
Summary Assignment
Wis. Stat. 867.02
Small estates the court can assign without a full personal-representative appointment, including some estates with creditor claims
Informal Administration
Wis. Stat. ch. 865
Uncontested estates that can proceed through the probate registrar without continuous court supervision
Formal Administration
Wis. Stat. ch. 856-859
Disputes, will or heirship questions, appointment issues, or matters that need a judge rather than the probate registrar
Not Sure Which Type Applies to You?
Use the Wisconsin assessment to compare probate paths and next-step planning points.
Take the Wisconsin AssessmentFrequently Asked Questions
What are the main Wisconsin probate types?
Wisconsin families often compare transfer by affidavit, summary settlement, summary assignment, informal administration, and formal administration. Transfer by affidavit and the two summary paths are for smaller estates, informal administration runs through the probate registrar without continuous court supervision, and formal administration is the judge-supervised path.
What is the Wisconsin small-estate limit?
Transfer by affidavit under Wis. Stat. 867.03 applies when the property subject to administration in Wisconsin does not exceed $50,000 in gross value. Summary settlement (867.01) and summary assignment (867.02) also use a $50,000 ceiling, measured differently. Confirm the current figure and how it is measured with the county Register in Probate.
What is the difference between informal and formal administration in Wisconsin?
Informal administration (ch. 865) is handled by the probate registrar without continuous court supervision and fits many uncontested estates. Formal administration (ch. 856-859) is a judicial proceeding before the circuit court judge, used when a judge must decide appointment, heirship, testacy, notice, or contested issues.
Can a Wisconsin transfer by affidavit move real estate?
Sometimes. An heir, a trustee of the decedent's revocable trust, or a former guardian may transfer real property by affidavit only if the affidavit is recorded with the county Register of Deeds. A person named in the will as personal representative cannot use the affidavit to receive real property. Verify the path with the Register in Probate and Register of Deeds before relying on it.
Does Wisconsin marital property affect probate?
Yes. Wisconsin is a marital-property (community-property-like) state, so how property is classified can affect what is subject to administration and how it passes. Marital-property classification questions often benefit from professional review before choosing a path.
Important: Wisconsin probate matters are handled in the circuit court for the county, through the county Register in Probate. Confirm the court, forms, filing hours, and local instructions with the county Register in Probate before filing.
Sources & Verification
Legal Authority: Wis. Stat. ch. 867 (small estates), ch. 865 (informal administration), and ch. 856-859 (formal administration)
Last Verified: June 2026
The Register in Probate filing fee scales with estate value: $20 if the net value of property subject to administration is $10,000 or less, otherwise 0.2% (0.002) of the net value, with no cap (Wis. Stat. 814.66(1)(a)). County Registers in Probate may have local copy, certification, and scheduling details.
Wis. Stat. 867.03, Transfer by affidavit
Wisconsin Legislature. Current statute text, accessed June 2026.
Wis. Stat. 814.66, Fees of register in probate
Wisconsin Legislature. Current statute text, accessed June 2026.
Chapter 865, Probate - Informal Administration
Wisconsin Legislature. Current statute text, accessed June 2026.
Wisconsin Court System. Current court help page, accessed June 2026.
This content is for informational purposes only and is not legal advice or a substitute for attorney review. Laws and fees may change. Verify current requirements with your local court clerk before filing.