Detailed Answer
Short answer: In Wisconsin probate, you prove the value of motor vehicles by determining the vehicle’s fair market value (FMV) as of the decedent’s date of death and documenting that value with objective evidence — such as published valuation guides, written dealer appraisals, comparable sale listings, or a professional appraisal — then including that documentation in the personal representative’s inventory or accounting submitted to the probate court.
This article explains what FMV means, which valuation methods are commonly accepted, how to gather and preserve evidence, and what to do if someone disputes the value.
What value does the court want?
For probate purposes Wisconsin courts expect the personal representative (administrator or executor) to report each asset at its fair market value at the date of death. FMV generally means the price a willing buyer would pay a willing seller for the vehicle, neither under compulsion to buy or sell, with reasonable knowledge of the relevant facts.
Common, acceptable ways to prove the vehicle’s value
- Published valuation guides: Print or save a dated report showing the value from commonly used sources such as Kelley Blue Book (kbb.com), NADA Guides (nadaguides.com), or Edmunds. Use the appropriate category (private party sale, trade-in, or retail) and document the mileage, options, and condition you used to get the number.
- Dealer appraisal: Obtain a written appraisal or trade-in estimate from a licensed dealer on company letterhead that lists VIN, odometer, condition, and the date.
- Comparable sales: Gather listings and recent sale records for comparable vehicles (same year, make, model, mileage, condition, geographic area). Screenshots or printouts with dates are useful.
- Professional appraisal: If the vehicle is unique, antique, or high value, use a certified vehicle appraiser and get a signed report stating the methodology and FMV as of the date of death.
- Sale documents: If the vehicle was sold before the estate accounting, include the bill of sale, transfer paperwork, and the amount actually received.
What records and details should you collect?
- Title and registration showing ownership and lien information.
- Vehicle Identification Number (VIN) and odometer reading as of date of death (photo is fine).
- Photos of the vehicle (interior and exterior) showing condition.
- Maintenance records, recent repair invoices, or documentation of accident or salvage history.
- Insurance valuation if the insurer established a pre-death value (include the policy valuation report).
- Any written dealer appraisals, printouts from valuation guides, or appraiser reports (include the date each valuation was run).
How to prepare the inventory or accounting
- List each vehicle as a separate line item in the estate inventory or accounting with the FMV, VIN, mileage, and any lien amount (secured creditor).
- Attach supporting documents or keep them organized and available for the court and heirs — e.g., valuation printouts, appraisal letters, photos, and title documents.
- If you use a range (e.g., low-to-high) explain why and state the number you selected for the inventory with supporting evidence.
What if someone contests the value?
If an heir or creditor disputes the reported value, the typical steps are:
- Try to resolve informally by sharing the valuation evidence and obtaining a second appraisal or dealer estimate.
- If informal resolution fails, request a court conference or hearing. The court may accept appraisals, order an appraisal, or make a factual finding after hearing testimony.
- If the dispute concerns whether to sell the vehicle, the personal representative may seek court permission to sell at auction or by private sale and present evidence of reasonableness.
Special situations
- Joint ownership: If the vehicle was jointly titled and passed automatically to a co-owner, it may not be part of the probate estate. Keep the title and evidence of survivorship.
- Vehicles with loans: Report the outstanding loan balance as a liability in the estate accounting; the market value and payoff amount can both be listed.
- Classic, collectible, or modified vehicles: Use a specialized appraiser experienced with collector cars rather than standard trade guides.
- Small estate procedures: Wisconsin has streamlined procedures for small estates or non-probate transfers in some circumstances; check court forms and DOT transfer rules for vehicles passing by affidavit or as nonprobate transfers.
Where to find Wisconsin forms and rules
For guidance about inventories, probate forms, and procedures you can start with the Wisconsin Courts’ probate information pages and forms: https://www.wicourts.gov/services/public/probate/index.htm.
For general state statutes and to search the statutes that govern administration of decedents’ estates, use the Wisconsin Legislature’s statutes page: https://docs.legis.wisconsin.gov/statutes/.
For vehicle title and transfer forms (including transfers after death), see the Wisconsin Department of Transportation’s titles page: https://wisconsindot.gov/Pages/online-srvcs/titles/default.aspx.
Practical checklist
- Determine FMV date: use date of death.
- Gather title, registration, VIN, photos, maintenance records, and keys.
- Run at least one published valuation and save a dated printout.
- Get a written dealer appraisal or a professional appraisal if needed.
- Document any liens or loans on the vehicle.
- Include the vehicle’s FMV and supporting documents in the estate inventory/accounting filed with the court or retained for the file.
Final note: Courts expect reasoned, documented valuations. Conservative, well-documented valuations that rely on recognized sources or qualified appraisers stand up best to scrutiny.
Disclaimer: This information is educational and general in nature and does not constitute legal advice. For advice about your specific situation and Wisconsin probate rules, consult a licensed Wisconsin attorney or your local probate court.
Helpful Hints
- Take dated photos of the vehicle the day you begin the valuation process; photos are persuasive evidence of condition.
- When using online guides, capture the printout or screenshot that shows the date, mileage, condition level, and exact model options used.
- Ask for written appraisals rather than verbal estimates from dealers.
- If the vehicle will be sold quickly, document recent comparable sale prices in your area to justify a sale price under market conditions.
- Keep all documentation organized in a single folder or digital file to present to the court, heirs, or auditors.
- When in doubt or when values are contested, a neutral, licensed appraiser can reduce disputes and speed resolution.