Laws
- Days after Death – There is no statute. No law obligates a successor to wait before using the affidavit to collect assets.
- Maximum Amount ($) – $50,000. State law defines a small estate as worth less than $50,000. This does include real estate.[1]
- Real Estate – If a successor is claiming the decedent’s interest in real estate or a lien on real estate, the Affidavit of Heirship and Affidavit of Service must be signed and notarized in addition to the Transfer by Affidavit form.[2]
- Signing Requirements – Forms must be signed in the presence of a notary public.
- Statute – Probate, Chapter 867. Probate – Summary Procedures
How to File (5 steps)
1. Gather Information
Suppose you are an heir of the decedent, a trustee of a trust created by the decedent, a person named in the will to act as a personal representative, or the decedent’s guardian at the time of death. In that case, the first step you should take is to create a list of properties belonging to the estate and their values. Determine at this point also whether the decedent or decedent’s spouse ever received services as part of a long-term care program offered by the state.
2. Prepare Affidavit(s)
Download the Transfer by Affidavit and fill it out. If you claim real estate, you’ll have to download and complete the Affidavit of Heirship and Affidavit of Service in addition to the Transfer by Affidavit. In this case, you must also provide copies of these affidavits to the decedent’s heirs, either by mail or personal service, 30 days before filing the forms with the Register of Deeds Office in the county where the real estate is located. You can find your local office by using this locator. You will be required to show proof of notice under Subsection 1m.
3. Notify Department of Health Services
If the decedent or decedent’s spouse received services from a long-term program funded by the state, the Department of Health Services must be provided with a copy of the list of the decedent’s property. Property may be recoverable under § 46.27 (7g), § 49.496, § 49.682, § 49.849, § 49.496 (3) (a), § 49.68, § 49.683, § 49.685, § 49.785, § 49.682 (2) (a), § 46.27, or § 46.27 (7g) (c) 1. Long-term programs include Medicaid, family-managed care, the Wisconsin Chronic Disease Program, or those offered in a state or county hospital or institution. The list can be mailed to the Wisconsin Department of Health Services Estate Recovery Program P.O. Box 309 Madison, WI 53701-0309. Wait for a response.