Disclaimer: This article provides general information and does not constitute legal advice.
Detailed Answer
Wisconsin’s summary probate procedure lets you settle a small estate if the decedent’s personal property totals $50,000 or less. You file a Small Estate Affidavit—also called an affidavit for summary probate—in the circuit court of the county where the decedent lived. This process appears in Wis. Stat. § 859.71.
Key Documents Required
- Certified Death Certificate
A certified copy of the decedent’s death certificate. See Wis. Stat. § 859.71(2)(a). - Small Estate Affidavit Form
The verified affidavit must include:- Names and addresses of all heirs or next of kin.
- Description and location of each personal asset.
- Statement of known debts, funeral expenses, and taxes. See § 859.71(2)(c).
- Proposed distribution plan showing which heir receives which asset.
- Affiant’s signature under oath and notarization.
- Copy of Last Will (if applicable)
If the decedent left a will, attach a copy. See § 859.71(2)(d). - Creditor List and Notice
A list of known creditors with addresses. The court may require notice to creditors under Wis. Stat. § 859.75. - Affiant’s Identification and Oath
The person filing must provide government-issued photo ID and sign the affidavit before a notary public.
When to Use a Full Probate
If the estate includes real estate or personal property over $50,000, file a full probate case instead of a small estate affidavit. Real property often requires a different summary procedure or full administration.
Helpful Hints
- Confirm the total value of personal property does not exceed $50,000.
- Use the official Wisconsin Circuit Court Probate forms when available.
- Gather and verify heir contact information to avoid delays.
- File the affidavit in the circuit court where the decedent lived at death.
- Serve any required notices to creditors promptly to protect the estate.
- Consider consulting a probate attorney for complex estates or disputes.