Wisconsin Small Estate Affidavit (Transfer by Affidavit)

Wisconsin gives a family three ways to settle a small estate without full probate. The simplest is the transfer by affidavit, which lets an heir or other eligible person collect the decedent's property when the whole estate is $50,000 or less in gross value. That rule lives at Wis. Stat. 867.03. The other two paths, summary settlement under Wis. Stat. 867.01 and summary assignment under Wis. Stat. 867.02, run through the circuit court but stay far shorter than a regular administration.

This page is the plain-language version of all three. If you are still mapping the full picture, start with the Wisconsin probate guide. To see who would inherit when there is no will, read Wisconsin intestate succession.

The Three Small-Estate Paths at a Glance

Wisconsin sets the same $50,000 ceiling for each path, but they differ in who runs the process and how much court involvement there is.

Pick the path that matches the estate size and the family situation. The affidavit is the fastest because no judge has to act. The two summary court paths exist for estates that still need a court order to clear title or settle creditor claims.

Transfer by Affidavit: The $50,000 Test

A transfer by affidavit works when the decedent left property subject to administration in Wisconsin that does not exceed $50,000 in gross value. The eligible person signs an affidavit and presents it to whoever holds the asset, such as a bank or transfer agent. The holder then pays or releases the property. There is no court filing for the affidavit itself.

Under Wis. Stat. 867.03(1g), the people who may collect by affidavit are:

• any heir of the decedent
• a trustee of a revocable trust the decedent created
• a person named in the will to act as personal representative
• a person who was the guardian of the decedent at the time of death

The affidavit has to state a description and value of the property being transferred and the total value of the decedent's property subject to administration in Wisconsin at the date of death. It must also state whether the decedent or the decedent's spouse ever received long-term care or medical assistance benefits, because the state can recover against that property.

What $50,000 Gross Value Means

The test looks at gross value, not net value. Gross value is the full value of the property before subtracting debts or mortgages. So a $48,000 account with a $20,000 debt against the estate still counts as $48,000 for the threshold, not $28,000.

Count only property subject to administration, which means property that would otherwise pass through probate. These usually do not count, because they pass outside probate:

• Payable-on-death and transfer-on-death accounts that go to a named beneficiary.
• Survivorship property, such as a joint account or jointly titled real estate that passes to the surviving owner.
• Life insurance and retirement accounts with a living named beneficiary.
• Property held in a living trust, which the trustee already controls.

Add up only the solely owned probate property. If the gross total is $50,000 or less, the affidavit path is open.

A Real-Estate Affidavit Must Be Recorded

If the property collected by affidavit includes an interest in real estate, the law adds a recording step. Under Wis. Stat. 867.03(2m), the heir, trustee, or former guardian must record a certified copy or duplicate original of the affidavit with the register of deeds in each Wisconsin county where the real property sits. That recorded affidavit is what updates the title chain.

For personal property like a bank account, no recording is needed. You present the affidavit to the holder and collect.

The Duties That Come With the Affidavit

Signing the affidavit is not a free transfer of money. Under Wis. Stat. 867.03(2g), the person who collects has to apply the property to pay the decedent's obligations in the priority order set by Wis. Stat. 859.25, then distribute any balance to the people entitled under the will or, if there is no will, under intestacy.

The collected property also stays subject to the right of the Department of Health Services to recover medical assistance and certain other aid paid on behalf of the decedent or the decedent's spouse. That is why the affidavit asks about long-term care and medical assistance. If the decedent received those benefits, the state may have a claim against what you collect.

A separate timing rule applies to one kind of affiant only. Under Wis. Stat. 867.03(1j)(a), when the holder receives the affidavit from a person named in the will to act as personal representative, the holder may not transfer money due the decedent, the decedent's property, or any evidence of a right of the decedent until 30 days after the affidavit is received. That waiting window is tied to that named-representative affidavit. It does not apply to an heir, a trustee, or a former guardian collecting under the statute.

Summary Settlement Under 867.01

Summary settlement is a short court process that closes an estate without appointing a personal representative. Under Wis. Stat. 867.01, a court may settle an estate this way in two situations:

• The estate, after subtracting debts secured by estate property, does not exceed the costs, expenses, allowances, and claims that would have priority, or
• The estate, after subtracting secured debts, is $50,000 or less and the decedent is survived by a spouse, domestic partner, minor children, or any combination of them.

In the second situation, property left after expenses is assigned to the surviving spouse, domestic partner, or minor children as an allowance under Wis. Stat. 861.31. The court assigns the property to the people entitled to it and can order transfers of accounts, vehicles, and other property. Because a judge signs the order, summary settlement can clear title that an asset holder will not release on an affidavit alone.

Summary Assignment Under 867.02

Summary assignment is the third small-estate path, built for an estate that still has creditors to deal with. Under Wis. Stat. 867.02, it applies when the estate is $50,000 or less in value and does not qualify for summary settlement under 867.01.

Any person with standing to petition for administration may petition for summary assignment. After the petition is filed, any will is proven, and 30 days pass since the creditor notice is published, the court decides the claims and assigns the property to the creditors and other interested persons entitled to it. The court can order anyone holding the decedent's money or property to pay or deliver it, and can order the transfer of real estate, registered securities, and vehicle titles.

The trade-off is the creditor-notice period. Summary assignment takes longer than an affidavit because creditors get a window to come forward, but it gives the court power to settle those claims in one order.

How to Choose

Use this quick read to match the situation to the path:

1. Small, clean estate, no real-estate title fight, $50,000 or less gross. Start with the transfer by affidavit under 867.03. It is the fastest and needs no court order.
2. Estate is tiny next to its expenses, or there is a surviving spouse, domestic partner, or minor children and $50,000 or less. Summary settlement under 867.01 can assign the property by court order.
3. $50,000 or less but creditors need to be sorted out. Summary assignment under 867.02 lets the court decide claims and assign what remains.

If the gross estate is over $50,000, none of these paths fit, and the estate needs informal or formal administration. Compare those in the Wisconsin probate guide, and see the Wisconsin probate timeline for how long each track runs.

How to Use a Transfer by Affidavit, Step by Step

1. List every solely owned probate asset and add up the gross value. Confirm it is $50,000 or less.
2. Confirm the asset is subject to administration, not a payable-on-death, survivorship, or trust asset that passes outside probate.
3. Confirm you are an eligible person: an heir, the trustee of the decedent's revocable trust, a person named in the will as personal representative, or the decedent's former guardian.
4. Order a certified death certificate.
5. Prepare the affidavit with the values and the long-term care or medical assistance statement that 867.03 requires.
6. Present the affidavit and the certified death certificate to the bank, transfer agent, or other holder.
7. If the property includes real estate, record a certified copy of the affidavit with the register of deeds in each county where the property sits.
8. Apply the property to the decedent's debts in the 859.25 priority order, then distribute the balance to the people entitled.

A holder that pays in good faith on a valid affidavit is protected, which is what makes a bank willing to release the money without a court order.

When a Small-Estate Path Does Not Fit

Move to informal or formal administration when:

• the gross probate estate is over $50,000
• the asset holder refuses the affidavit and insists on letters from the court
• creditors and family disagree, and you need a judge to decide claims
• the estate has to sell or borrow against real estate to pay debts
• you cannot confirm who the heirs are

In those cases, the Wisconsin probate guide walks through the supervised paths, and Wisconsin executor duties covers the personal representative's job. For where to file, find your county Register in Probate.

Quick Checklist

1. The gross probate estate is $50,000 or less.
2. Payable-on-death, survivorship, and trust assets are excluded from the total.
3. The person collecting is an eligible heir, trustee, named personal representative, or former guardian.
4. The affidavit states the property values and the long-term care or medical assistance answer.
5. A real-estate interest is recorded with the register of deeds.
6. A certified death certificate is in hand.
7. Debts are paid in the 859.25 priority order before any distribution.

A Wisconsin small-estate path can save a family from a full administration over a handful of accounts. Each one still carries a sworn duty to pay valid debts, honor a state recovery claim, and distribute correctly. Treat the affidavit as a real legal document, not just a form to download.

This guide is general information about Wisconsin estates. It is not legal advice. Confirm anything that affects your situation with the county Register in Probate or a licensed Wisconsin attorney.

Sources

• Title: Wis. Stat. 867.03, Transfer by affidavit. Publisher: Wisconsin State Legislature (docs.legis.wisconsin.gov). Accessed 2026-06-13. URL: https://docs.legis.wisconsin.gov/document/statutes/867.03
• Title: Wis. Stat. 867.01, Summary settlement of small estates. Publisher: Wisconsin State Legislature (docs.legis.wisconsin.gov). Accessed 2026-06-13. URL: https://docs.legis.wisconsin.gov/document/statutes/867.01
• Title: Wis. Stat. 867.02, Summary assignment. Publisher: Wisconsin State Legislature (docs.legis.wisconsin.gov). Accessed 2026-06-13. URL: https://docs.legis.wisconsin.gov/document/statutes/867.02
• Title: Wis. Stat. 859.25, Order of payment of obligations. Publisher: Wisconsin State Legislature (docs.legis.wisconsin.gov). Accessed 2026-06-13. URL: https://docs.legis.wisconsin.gov/document/statutes/859.25