How to Avoid Probate in Wisconsin

Non-probate transfers available in Wisconsin: (1) Transfer on death deed for real estate (Wis. Stat. § 705.15). (2) Joint accounts belong to the surviving party, and P.O.D. accounts pass to the beneficiary, under the multiple-party accounts law (Wis. Stat. § 705.04). (3) Transfer-on-death registration of securities (Wis. Stat. §§ 705.21 to 705.30). (4) Nonprobate transfer of farm implements to a TOD beneficiary (Wis. Stat. § 705.18). (5) Survivorship marital property and marital property agreements, confirmed by court certificate (Wis. Stat. § 867.046). (6) Transfer by affidavit for estates of $50,000 or less (Wis. Stat. § 867.03), and summary settlement or summary assignment for small estates. (7) Vehicles: a surviving spouse or domestic partner can transfer up to five solely owned vehicles with Form MV2300 (Wisconsin DMV). (8) Revocable living trust (Wisconsin Trust Code).

Yes, 'transfer by affidavit.' If the decedent's property subject to administration in Wisconsin does not exceed $50,000 in gross value, an heir, the trustee of the decedent's revocable trust, the person named in the will as personal representative, or the decedent's guardian at death may collect money and receive property by giving the holder an affidavit describing the property and stating the total value of the property subject to administration and whether the decedent or spouse received certain public long-term care or medical assistance benefits (if so, notice must first be sent to the Department of Health Services by certified mail). Real property may be included: at least 30 days before recording the affidavit with the register of deeds, the affiant must give the heirs a copy and notice by certified mail or personal service. A person named as personal representative who is not also an heir, trustee or guardian may not take real property this way, and holders must wait 30 days before transferring to such a person. The affiant must use the property to pay the decedent's obligations in statutory priority and distribute the rest to those entitled.

Yes. An owner may designate a 'TOD beneficiary' for real property in a document that names the owner(s) and beneficiary and states that the transfer is effective only at death; for marital property, both spouses must sign. The document must be recorded with the register of deeds in the county where the property is located before the owner's death (or the last owner's death). It has no effect on ownership during life and may be revoked by a later recorded and acknowledged instrument. It requires the same mental capacity as a will. Claims to recover the property from the beneficiary are generally barred unless an action is filed, and a lis pendens recorded, within 120 days after death.