Mar 24, 2025

Dealing with a loved one's estate can be overwhelming, especially if the estate needs to go through probate. Fortunately, Wisconsin offers a simplified process for estates valued under $50,000. Using a Transfer by Affidavit allows you to transfer assets without going through the lengthy and expensive probate process. Let’s discuss the requirements to use a Transfer for Affidavit for small estates.

When Can You Use the Transfer by Affidavit?

In the State of Wisconsin, you can use a Transfer by Affidavit if the total estate’s value is under $50,000. You must be entitled to collect and transfer the estate’s assets. By accepting the estate’s assets, you agree to pay any debts of the estate and distribute the assets according to the estate plan or Wisconsin law.

What Assets Count Towards the Limit?

Only assets subject to probate count towards the $50,000 limit. Probate assets are owned individually and lack survivorship rights, named beneficiaries, or transfer-on-death designations. Jointly owned assets avoid probate and transfer directly to the surviving owner. Similarly, assets with beneficiary or transfer-on-death designations are passed directly to the named beneficiaries. Additionally, any assets held in a Trust are not subject to probate.

Who Can Sign the Affidavit?

To use a Transfer by Affidavit, you must have a legitimate interest in the estate. This includes being an heir of the deceased, a trustee of a revocable trust created by the deceased, or a guardian of the deceased at the time of their death. For non-real property, you can also be a person named in the deceased's will to act as the personal representative. This ensures that the person handling the transfer is appropriately connected to the estate.

Required Notifications

When using a Transfer by Affidavit, there are important notifications you'll need to make. You need to notify creditors. If you don't, they might still have valid claims against the estate, and you could be personally responsible for any debts that weren't properly handled. Also, if the deceased or their spouse received public benefits like Medicaid or Family Care, you must send a copy of the Affidavit by certified mail to the Estate Recovery Program for Wisconsin. If you're transferring real estate, you need to give a copy of the Affidavit and a notice of intent to record it to any heirs at least 30 days before recording it with the Register of Deeds.

FREE CONSULTATIONS

Small estates can avoid probate in Wisconsin, but it's crucial to meet all the requirements. At Pedersen Law Office we understand that dealing with an estate, regardless of its size, can be overwhelming while you're grieving. Having an experienced and responsive attorney helping you through the process can make all the difference. We offer free consultations to discuss your specific circumstances and provide the legal guidance you need. Our law office proudly serves the communities of Appleton, Neenah, Menasha, Oshkosh, Green Bay, and their surrounding areas.