Wisconsin Small Estates: the transfer by affidavit

Specific to WILast reviewed

The short answer

Wisconsin calls its simplified route the transfer by affidavit, and it is set out in Wis. Stat. § 867.03. Heirs can use it for real estate too, but a named executor who is not also an heir can't. Wisconsin sets no waiting period for it. It can also cover real estate, which is unusual and worth knowing before you assume a house means full probate. The current limit and the date we last read the statute are on the card below.

Wisconsin’s transfer by affidavit

Wisconsin sets this out in Wis. Stat. § 867.03. Heirs can use it for real estate too, but a named executor who is not also an heir can't. The figure itself, and the date we last read that statute, are on the card below.[1]

  • Wisconsin

    Procedure:
    transfer by affidavit
    Limit:
    $50,000
    Wait:
    none stated
    Real estate:
    covered

    Heirs can use it for real estate too, but a named executor who is not also an heir can't.

    Wis. Stat. § 867.03 — official page read September 18, 2026

It can also cover real estate, which is unusual and worth knowing before you assume a house means full probate.[1]

The transfer by affidavit is one piece of settling an estate in Wisconsin. Answer a few questions and Go Forward builds the rest of the list for your situation — the notifications, the accounts, the paperwork — in the order it needs doing.

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Steps this page connects to: Check whether probate is required · Order certified death certificates · List what the estate holds

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Creditor claims under Wis. Stat. §§ 859.01, 859.02, 859.07

Above the limit it is a regular Wisconsin probate case, and whoever the court appoints has to publish a notice to creditors in a local newspaper. The window for claims is 3 to 4 months after the court's order, on a date the court sets.. Paying anyone out before that window closes can leave the person who paid personally liable.[2]

  • Wisconsin

    Published notice:
    required
    Claim window:
    3 to 4 months after the court's order, on a date the court sets.

    Wis. Stat. §§ 859.01, 859.02, 859.07 — official page read September 18, 2026

Sources

  1. Wis. Stat. § 867.03 (transfer by affidavit)Wisconsin — official statute or court self-help page. Read September 18, 2026.
  2. Wis. Stat. §§ 859.01, 859.02, 859.07 (notice to creditors)Wisconsin — official statute or court self-help page. Read September 18, 2026.

Each state above links to the statute or court page we read, with the date we read it.

How we source and review these pages, and how to tell us about a mistake: our editorial policy.

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