After a death in Wisconsin

Small estates

Transfer by affidavit (Wis. Stat. 867.03). Can be used when the person’s property subject to administration in Wisconsin is worth $50,000 or less in gross value. An heir, a trustee of the person’s revocable trust, a former guardian, or the personal representative named in the will can use it. If the person or their spouse got long term care, medical assistance or certain other state aid, notice must first be sent to the Department of Health Services by certified mail. If the person using it is only the named personal representative (not an heir, trustee or former guardian), the holder must wait 30 days before releasing assets. Court options for small estates also include summary settlement and summary assignment (Wis. Stat. 867.01 and 867.02).

• Limit: $50,000 (gross value of property subject to administration)
• Waiting time after the death: None for heirs. 30 days if used by a named personal representative who is not an heir.
• Source: the official source

Probate court

In Wisconsin, estates are handled by the Circuit Court in the county where the person lived. Each county has a Register in Probate office that handles probate filings., usually in the county where the person lived.

Creditor claims: The court sets the claim deadline, between 3 and 4 months after the date of its order (Wis. Stat. 859.01).

Official court forms

Circuit court probate forms | Wisconsin Court System

Statewide Wisconsin probate court forms, such as informal administration, summary settlement and Transfer by Affidavit.

Small estate form: open the form

Transfer by Affidavit (PR-1831) is for estates of $50,000 or less. Some counties have their own extra forms, so check with the county Register in Probate.

Estate and inheritance tax

• State estate tax: No. Wisconsin has no state estate tax.
• Inheritance tax: No. Wisconsin has no inheritance tax.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: Yes. Transfer on death designation for real estate (Wis. Stat. 705.15), available since 2006. It is effective only if submitted for recording with the county register of deeds before the owner dies.
• Community property state: Yes.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: In writing, signed by the will maker (or by another at their direction and in their conscious presence), and signed by at least two witnesses within a reasonable time after seeing the signing or the will maker’s acknowledgment. The two witnesses may watch at different times. Remote witnessing is allowed with a supervising Wisconsin attorney. A will can be self-proved (Wis. Stat. 853.04).

Handwritten wills: Not valid. Wisconsin requires two witnesses for every will (Wis. Stat. 853.03).

Power of attorney and health care directive

Financial power of attorney: Wisconsin Uniform Power of Attorney for Finances and Property (Wis. Stat. chapter 244). The principal must sign. If acknowledged before a notary, the signature is presumed genuine (Wis. Stat. 244.05). Notarizing is strongly advised. The Department of Health Services offers a Power of Attorney for Finances and Property form.

Health care directive: Power of Attorney for Health Care (Wis. Stat. chapter 155): signed in front of two witnesses. Witnesses cannot be related by blood, marriage, adoption or domestic partnership, entitled to or with a claim on your estate, directly financially responsible for your care, your health care agent, or your health care provider or its employee (a chaplain or social worker may witness). No notary needed. Declaration to Health Care Professionals (living will, Wis. Stat. chapter 154) is also signed before two witnesses. See the state form.

Death certificates

Certified copies come from the Wisconsin Vital Records Office, Department of Health Services, 1 West Wilson Street, Room 160, Madison (mail: P.O. Box 309, Madison, WI 53701-0309).. The fee is $20 for the search, which includes one certified copy if found. $3 for each extra copy of the same record ordered at the same time.. The funeral home can usually order them for you.

Certified copies go to the spouse or domestic partner, parent, sibling, child or grandparent, a person they authorize in writing, or someone who shows the record is needed to protect a personal or property right. Others get uncertified copies only.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

Wisconsin is a marital property state, which is treated as community property. The transfer by affidavit limit is only $50,000.