Detailed Answer: How to submit an affidavit accounting for personal property in a small estate case in Wisconsin

This FAQ-style guide explains, in plain language, how someone in Wisconsin can prepare and submit an affidavit to collect or account for a decedent’s personal property in a small estate situation. This is an educational overview only — not legal advice. If your situation is complex or the decedent had significant debts or real estate, speak with an attorney.

What is a small estate affidavit in Wisconsin?

A small estate affidavit is a sworn written statement by a person entitled to inherit (or who will distribute property) that lists the decedent’s personal property, states that formal probate is not necessary, and requests that the property holder (for example, a bank or person with the decedent’s personal items) turn over property to the claimant. Wisconsin law allows certain non-probate transfers using a written affidavit rather than a full probate proceeding. See the governing statute for affidavit collection of personal property: Wis. Stat. § 867.045.

Step-by-step: How to prepare and submit the affidavit

1. Confirm you qualify for the small estate procedure
   – Check Wis. Stat. § 867.045 and any related statutes to confirm whether the estate’s assets and circumstances meet the statute’s limits and requirements. Different rules may apply to different asset types (bank accounts, vehicles, personal effects). If the estate contains real property or large creditor claims, the small estate affidavit may not apply.
2. Gather required documents and information
   Collect these items before completing the affidavit: death certificate; government ID for the person signing the affidavit; a complete list of the decedent’s personal property you are asking to collect (bank accounts, vehicles, household goods, jewelry, etc.); estimates of value for each item; information on any known creditors or pending probate filings; copies of any will or beneficiary designations (if available).
3. Use the correct affidavit form or draft one that meets statutory content requirements
   The statute describes what the affidavit must state (identity of the decedent, date and place of death, relationship of the affiant to the decedent, value and description of property, absence of a pending administration or probate, and a sworn statement about entitlement). If Wisconsin provides a model form, use it; otherwise draft the affidavit ensuring it contains all required statements from Wis. Stat. § 867.045. Include a signature block for the affiant and space for a notary public’s acknowledgment.
4. Swear and notarize the affidavit
   Sign the affidavit in front of a notary public. Most institutions (banks, the DMV, title offices, custodians of personal property) will require a notarized affidavit before they transfer property or change title.
5. Present the affidavit to the property holder
   You usually present the affidavit directly to the person or institution holding the property (for example, a bank, vehicle title office, or an individual who has possession of household goods). The holder will review the affidavit, may request additional documentation (death certificate, ID, proof of relationship), and typically will decide whether to release the property.
6. Follow up on title transfers and record changes
   For vehicles, contact the Wisconsin Department of Transportation (DMV) to learn the exact steps to transfer title using an affidavit. For financial accounts, banks have internal probate/estate procedures and may require additional forms. For personal goods, you may simply take possession after the holder accepts the affidavit.
7. Keep records and provide receipts
   Once you receive property, keep a detailed inventory, receipts, and any written acknowledgments. If you later must account to other heirs or to a court, these records will help show what you collected and distributed.

Practical considerations and creditor claims

Using a small estate affidavit does not erase debts. Creditors may still have claims against the estate. The affidavit procedure typically does not substitute for formal notice to creditors required in full probate administrations. If the decedent had known debts, large liabilities, or potential disputes among heirs, consider whether a formal administration is safer. When in doubt, consult an attorney before collecting assets.

Common issues people encounter

• Property holder refuses to accept the affidavit — ask what additional documentation they require (bank policies vary).
• Disagreements among heirs about who is entitled to items — affidavit cannot resolve disputes; court proceedings may be required.
• Hidden assets or creditor claims appear after distribution — you may be personally responsible if you distributed assets improperly.
• Unclear or missing information in the affidavit — incomplete affidavits are often rejected; be complete and accurate.

Where to find Wisconsin law and forms

Read the statute that authorizes affidavits for collection of personal property: Wis. Stat. § 867.045. For vehicle transfer rules, see the Wisconsin Department of Transportation: https://wisconsindot.gov. For bank or title office procedures, contact the specific institution.

Helpful Hints

• Start by obtaining several certified copies of the death certificate; many institutions require one for their files.
• Prepare a clear, itemized inventory of the decedent’s personal property with approximate values.
• Check whether the institution accepting the affidavit has its own required form—banks and title offices often do.
• Do not distribute significant assets or pay debts until you confirm no formal probate is pending and you understand creditor obligations.
• When multiple heirs are involved, get written agreement from all heirs if possible to reduce later disputes.
• Keep copies of every document you submit and every receipt you get after collecting property.
• If a property holder refuses the affidavit, ask for a written explanation of what additional proof they need.
• If you face contested claims, large debts, or real property issues, consult a licensed Wisconsin attorney.

Disclaimer: This article explains general rules under Wisconsin law and provides illustrative steps. It does not provide legal advice and does not create an attorney-client relationship. Laws change and every case is different; consult a licensed attorney in Wisconsin for advice tailored to your situation.