Disclaimer: I am not a lawyer. This article provides general information about Wisconsin procedures and is not legal advice. For legal advice about a specific situation, contact a Wisconsin attorney.

Detailed answer — how to determine if an account is under the $20,000 small-estate threshold

In Wisconsin, whether you can use the simplified (small estate) process depends on the value of the decedent’s probate assets, not necessarily the nominal balance shown on a single bank statement. To decide whether a bank account is “under $20,000” for small-estate purposes you need to determine the account’s status and its probate value as of the date of death. Use the steps below to get a clear, defensible number.

Step 1 — Identify whether the account is a probate asset

• Ask the bank whether the account is titled as: (a) beneficiary-designated (payable-on-death/TOD), (b) joint tenancy with rights of survivorship, (c) an account owned by a trust, or (d) solely in the decedent’s name.
• Accounts with valid beneficiary designations or joint-rights typically pass outside probate and generally do not count toward the probate total. Trust assets also typically do not go through probate.

Step 2 — Get the official balance as of the date of death

• Request the bank provide the account balance on the decedent’s date of death. Banks can give an official account history or a written statement showing the balance on that date. Ask for this in writing or get a copy of the relevant statements.
• If the bank locked the account after the death, ask what procedures they require to release funds (e.g., small-estate affidavit, court papers, or a personal representative).

Step 3 — Include pending items that affect the date-of-death balance

• Adjust the balance for deposits that had cleared or were pending on the date of death and for outstanding checks or withdrawals that had not yet cleared. The correct figure is the account’s value at the exact date of death.

Step 4 — Add other probate assets (if deciding whether the entire estate qualifies)

• Small-estate rules usually look at the total value of probate assets (cash, accounts subject to probate, some personal property) rather than one bank account alone. If you plan to use the small-estate affidavit for the estate, add the probate-value of other assets (other bank accounts that are probate assets, personal property that will be collected via affidavit, etc.).

Step 5 — Subtract items that are not counted or that reduce the estate

• Do not include nonprobate property (TOD accounts, IRAs or 401(k)s with beneficiaries, jointly owned property that passes to the co-owner by right of survivorship, assets in a revocable trust).
• Note that creditor claims may reduce net distributable funds but the small-estate threshold is generally applied to the value of probate assets rather than a post-claims net figure. If creditor issues exist, get legal advice.

Step 6 — Confirm the threshold and legal procedure

Once you confirm the total probate assets (including the bank account value if it is a probate asset) and the figure is at or below the statutory small-estate threshold, you can generally use the simplified collection procedure permitted by Wisconsin law. For the relevant statutes and court forms, consult the Wisconsin statutes and the Wisconsin Court System resources. See the Wisconsin statutes on probate and the Wisconsin Courts forms page for more details: Wisconsin Statutes (search) and Wisconsin Circuit Court Forms.

Common hypothetical (example)

Hypothetical facts: Decedent had one bank account in sole name showing $19,200 on the date of death; decedent had no other probate assets. The account had no beneficiary designation and was not joint. Because this is a sole-name probate asset and its date-of-death balance is under $20,000, the estate-holder could generally pursue Wisconsin’s small-estate affidavit procedure to collect the account, assuming no other probate assets or complicating factors (disputes, claims, etc.).

When the bank will not release funds

Banks often freeze accounts until you provide a death certificate and proof of authority to collect (small-estate affidavit, letters testamentary/administration, or beneficiary designation). If the bank refuses to accept a small-estate affidavit or disputes the amount, you may need to file a simple petition in the county probate court or consult an attorney.

Statutes and official resources

Look up Wisconsin probate law and any small-estate procedures on the official state sites:

• Wisconsin Statutes — entry point for probate-related chapters: https://docs.legis.wisconsin.gov/statutes/
• Wisconsin Courts — forms and instructions for estate administration and small estate procedures: https://www.wicourts.gov/forms1/circuit/index.jsp

Note: statute sections and forms can change. Confirm the current rules on the official sites above or with an attorney.

Helpful Hints

• Get multiple death certificates early — banks and other institutions usually require originals or certified copies.
• Gather all account statements for 6–12 months prior to death to verify the date-of-death balance and any pending items.
• Ask the bank in writing for a date-of-death balance or an account ledger printout. Written confirmation is helpful if you later use a small-estate affidavit.
• Check for beneficiary designations, joint accounts, or trust ownership before assuming the account is a probate asset.
• Keep careful records of communications with banks (who you spoke to, dates, names, and what they requested).
• If relatives or creditors dispute the small-estate procedure or if there are competing claimants, consult a probate attorney in Wisconsin.
• County probate court clerks can often provide guidance on filing forms, but they cannot give legal advice.