Small Estate Affidavit in Wisconsin

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.

Summary settlement: the court settles the estate without appointing a personal representative if the estate, less secured debts, is worth no more than the funeral, administration and other priority costs and allowances, or no more than $50,000 when the decedent is survived by a spouse or domestic partner or minor children. Summary assignment: for other estates of $50,000 or less (less secured debts), the court assigns the property without a personal representative after the petitioner publishes a notice to creditors. Informal administration: an estate of any size may be administered with limited court supervision through the probate registrar if the will names a personal representative who accepts (and does not prohibit informal administration), or, if not, all interested persons consent.

When administration is opened, the court (or probate registrar) sets a deadline for filing claims that is not less than 3 nor more than 4 months from the date of the order. Claims not filed by then are barred against the estate, the personal representative and the heirs and beneficiaries, with exceptions (for example, tort claims, certain tax and state benefit-recovery claims, funeral and administration expenses, and known creditors who did not receive required notice at least 30 days before the deadline).