Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney in Wisconsin for advice about your situation.
Detailed Answer
In Wisconsin, you can collect personal property of a deceased person without formal probate using a small estate affidavit under Wis. Stat. § 856.02 (856.02). This affidavit substitutes for formal letters of administration when the decedent’s personal property does not exceed $50,000.
Step 1: Confirm Small Estate Eligibility
- Ensure the decedent died more than 15 days ago and less than five years ago.
- Verify that the total value of personal property (excluding real estate) does not exceed $50,000.
- Confirm no prior probate or administration proceeding exists.
Step 2: Identify Heirs
List all heirs under Wisconsin’s intestacy laws (Wis. Stat. Ch. 852). Common heirs include:
- Spouse;
- Children;
- Parents or siblings if no spouse or descendants.
Step 3: Draft the Affidavit
Include in your affidavit:
- Decedent’s full name, date of death and last residence;
- Itemized list of personal property and estimated values;
- Names, addresses and relationships of each heir;
- A statement that you are the successor entitled to distribution;
- An affirmation that no formal probate exists or is pending.
Use a template provided by the county probate court or drafting software. Attach a certified copy of the death certificate.
Step 4: Notarize and Serve
- Sign the affidavit before a notary public.
- Serve a copy on all heirs at least 15 days before presenting it for filing.
Step 5: File with the Probate Court
- File the original affidavit in the probate division of the circuit court where the decedent lived.
- Pay the required filing fee.
- Wait at least 30 days after filing if required by local rules.
Step 6: Transfer Property
After filing, present certified copies of the filed affidavit to financial institutions or other holders of property. They will release assets to the heirs named in the affidavit.
Helpful Hints
- Check your county court’s website for local forms and fee schedules.
- Keep copies of all filed documents and service receipts.
- Use clear valuations to avoid disputes among heirs.
- Consider consulting an attorney for complex estates.
- File before any creditor claims become time-barred under Wis. Stat. § 859.13 (859.13).