Wisconsin Probate Types: Transfer by Affidavit, Summary, Informal, and Formal Administration
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Simplified Path vs Formal Path at a Glance
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| Category | Simplified Path | Formal Path | 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 | Simplified Path |
| 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) | Simplified Path |
| Real property | Affidavit transfers real property only for limited successors when recorded | Can address real property through court authority | Formal Path |
| Disputes | Simplified paths are poor fits for contested estates | Built for matters needing a judge | Formal Path |
Main Wisconsin Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney | Best For |
|---|---|---|---|---|---|---|
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 | Smaller estates collecting accounts, vehicles, and personal property, where the gross value fits the $50,000 cap |
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) | Small estates with a surviving spouse, domestic partner, or minor children, or estates absorbed by allowances and expenses |
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) | Small estates the court can assign without a full personal-representative appointment, including some estates with creditor claims |
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) | Uncontested estates that can proceed through the probate registrar without continuous court supervision |
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) | Disputes, will or heirship questions, appointment issues, or matters that need a judge rather than the probate registrar |
Transfer by Affidavit
Wis. Stat. 867.03
Smaller estates collecting accounts, vehicles, and personal property, where the gross value fits the $50,000 cap
Threshold: $50,000 or less in gross value of property subject to administration in Wisconsin
Filing Fee: $0 court filing fee for the affidavit itself
Timeline: Generally available after death; holders of money due the decedent may wait 30 days to transfer when a will-named representative uses the affidavit
Real Estate: 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
Attorney: No
Summary Settlement
Wis. Stat. 867.01
Small estates with a surviving spouse, domestic partner, or minor children, or estates absorbed by allowances and expenses
Threshold: 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
Filing Fee: Register in Probate fee scales with net value (see fee note)
Timeline: County court timing varies
Real Estate: Court review needed
Attorney: No (often useful)
Summary Assignment
Wis. Stat. 867.02
Small estates the court can assign without a full personal-representative appointment, including some estates with creditor claims
Threshold: Estate of $50,000 or less in value, less debts secured by estate property, assigned without appointing a personal representative
Filing Fee: Register in Probate fee scales with net value (see fee note)
Timeline: County court timing varies
Real Estate: Court review needed
Attorney: No (often useful)
Informal Administration
Wis. Stat. ch. 865
Uncontested estates that can proceed through the probate registrar without continuous court supervision
Threshold: No simple dollar cap
Filing Fee: Register in Probate fee scales with net value (see fee note)
Timeline: County court timing varies
Real Estate: Yes
Attorney: No (often useful)
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
Threshold: No simple dollar cap
Filing Fee: Register in Probate fee scales with net value (see fee note)
Timeline: County court timing varies
Real Estate: Yes
Attorney: 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.
Unfamiliar terms in the comparison? The Wisconsin probate glossary defines them in plain language.
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