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Small estate affidavit in Wisconsin (2026)

In Wisconsin, heirs can collect up to $50,000 without probate with a sworn affidavit (Transfer by affidavit (Wis. Stat. § 867.03; Form PR-1831)). There is no waiting period. Real estate: can be included (see the rule). Last checked .

Wisconsin at a glance

Affidavit cap
$50,000
Value counted
Gross value (debts not subtracted)
Waiting period
None
If there is a will
Can still be used
File with a court
No
Real estate
Can be included (see the rule)
Court shortcut
Summary settlement (§ 867.01) or summary assignment (§ 867.02) (up to $50,000)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Enter the date of death and the value

    Wisconsin cap for this date of death

    $50,000

    A worked example for Wisconsin

    Say a parent who lived in Wisconsin died on March 1, 2026, leaving $40,000 in a bank account in their name only and no house. $40,000 is within the $50,000 cap for that date of death, so the family can use the affidavit right away.

    The rules in Wisconsin

    • The affidavit. An heir, trustee of the decedent's revocable trust, person named as personal representative in the will, or the decedent's guardian gives the holder an affidavit, and the holder transfers the property. It is not filed with the court; an affidavit describing real property is recorded with the register of deeds.
    • Cap. Wisconsin probate property worth $50,000 or less (gross, no deduction for debts).
    • What counts. All of the decedent's property subject to administration in Wisconsin, including real estate, at gross value.
    • What doesn't count. Property not subject to administration (e.g. joint tenancy, POD/TOD, trust assets); wages paid directly to dependents under § 109.03(3) are a separate route.
    • Waiting period. No waiting period after death. But a holder must wait 30 days before paying a person who is only the named personal representative (not an heir, trustee or guardian), and real-property affidavits need 30 days' notice to heirs before recording.
    • Conditions. Statute does not require that no probate be pending. If the decedent or spouse ever got Medicaid, long-term care or similar aid, notice must first go to the Department of Health Services by certified mail and proof attached. The affiant must use the property to pay debts in statutory priority and distribute the rest by the will or intestacy.
    • Who can sign. Any heir, a trustee of a revocable trust created by the decedent, a person named in the will as personal representative, or the decedent's guardian at death. A named personal representative who is not also an heir, trustee or guardian cannot take real property this way.
    • Court filing. No court filing. If the affidavit covers real property, record a certified copy with the register of deeds in each county where it lies, with proof of the 30-day notice to heirs.

    Houses, land and vehicles

    • Real estate. The same affidavit can transfer real property within the $50,000 total: give heirs a copy and notice by certified mail or personal service at least 30 days before recording, then record with the register of deeds; recording completes the transfer.
    • Vehicles. WisDOT Form MV2300: a surviving spouse or domestic partner can transfer up to five vehicles without a title fee; another heir can use it when the decedent's solely owned property is $50,000 or less, otherwise personal representative papers are needed.

    When the affidavit isn't enough

    Court procedures without a personal representative. Summary settlement: estate (less secured debts) is $50,000 or less and the decedent left a spouse, domestic partner or minor children, or it does not exceed funeral, administration and allowance costs. Summary assignment: estate (less secured debts) is $50,000 or less, with creditor publication and a 30-day wait. The court orders transfers, including real estate.

    Good to know in Wisconsin

    • Property transferred by affidavit is subject to DHS estate recovery for Medicaid and other aid (§ 867.03(2g)(b)).
    • The holder who transfers in good faith is released as if it dealt with a personal representative (§ 867.03(2)).
    • Form PR-1831 on wicourts.gov is now only a notice: the Transfer by Affidavit form, its heirship and service addenda, and instructions are maintained by the State Bar of Wisconsin RPPT Section and posted on wisbar.org.

    Official help and forms

    Sources

    Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

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