Detailed Answer
Short answer: Under Wisconsin small‑estate procedures you will need records that prove the decedent’s death, identify the heirs or beneficiaries, show the existence and value of the property being claimed, and demonstrate your legal authority to collect or transfer those assets. Typical records include a certified death certificate, the decedent’s will (if any), account statements and titles, bills of sale or receipts for transfers, an affidavit or court paperwork establishing authority, and documentation that the estate meets the small‑estate eligibility rules.
How small‑estate procedures generally work in Wisconsin (what to prove)
Small‑estate procedures allow an individual or a surviving spouse/heir to collect certain assets without full probate. To succeed you generally must show all of the following:
- The person has died (certified death certificate).
- Who the rightful recipient(s) are (will, beneficiary designations, heirship information, affidavit identifying heirs).
- What assets exist and their value (bank and brokerage statements, titles, insurance policies, account ledgers).
- That the estate qualifies for the simplified procedure under Wisconsin law (amount and type of assets — see statutes and local court rules).
- You have authority to collect or transfer the asset (small‑estate affidavit, letters from the probate court, or an order of the court).
Specific records you should gather
Collect originals or certified copies where possible. Keep copies and document every step. Typical items include:
- Certified death certificate. Most institutions require an official certified copy.
- The decedent’s will (if any) and any codicils; any trust documents that might control distribution of assets.
- Personal identification for claimants. Driver’s license, state ID, or other photo ID for whoever is presenting the claim.
- Small‑estate affidavit or related court forms. If Wisconsin’s small‑estate affidavit procedure applies, you will need the completed affidavit and any required notarization. If the matter requires court approval, you will need the filed petition and court order.
- Bank and brokerage statements. Recent statements showing account ownership and balances at date of death (or close to it).
- Titles and registration documents. Vehicle titles, boat titles, and any certificate of title for tangible registered property.
- Real property records (if applicable). Deeds, mortgage statements, tax bills. Note: many small‑estate procedures only apply to personal property; real estate may require probate or a separate transfer process.
- Insurance policies and annuity/retirement plan documentation. Policy documents and beneficiary designations, account numbers, contact info for the plan administrator.
- Stock certificates, bonds, and safe‑deposit box information. Evidence of ownership or location of valuables.
- Funeral bills and paid receipts. These can show claims against the estate and common expenses paid from estate funds.
- Outstanding debt and creditor notices. Statements for credit cards, loans, and other debts; this helps determine net estate value.
- Appraisals or valuation evidence. If the value of a particular item is disputed or close to the small‑estate limit, an appraisal helps document fair market value.
- Communications with institutions. Copies of correspondence or emails with banks, brokers, insurers, and title companies that show their requirements or any transfers already made.
- Signed receipts/acknowledgments of transfer. When you collect or transfer assets, get written receipts from the receiving party and keep them with your records.
Common issues to watch for in Wisconsin
- Many small‑estate procedures only cover personal property (cash, bank accounts, vehicles, personal effects) and not real property. If real estate is involved, full probate or a specific court order may be required.
- Beneficiary designations on retirement accounts and life insurance typically trump wills. Collect the plan/policy documents showing the named beneficiary and account records showing balances.
- Banks and institutions have their own intake requirements. Even with a proper affidavit, some banks ask for additional proof or will only release funds by court order.
- Keep careful receipts and a transfer ledger. If you distribute assets to heirs, document who received what to avoid later disputes or creditor claims.
- If the estate includes assets outside Wisconsin, different rules may apply for those assets and out‑of‑state holders may not accept Wisconsin‑only affidavits.
Where to find Wisconsin statutes and forms
Wisconsin law and local court rules govern eligibility and procedure for small estates. For statutory language and related provisions, search the Wisconsin statutes and court self‑help resources:
- Wisconsin Statutes — search for small estate and probate provisions: https://docs.legis.wisconsin.gov/statutes/search?search=small%20estate
- Wisconsin court forms and self‑help resources: https://www.wicourts.gov/
Step‑by‑step checklist
- Obtain a certified death certificate from the county vital records office.
- Locate any will, trust, or beneficiary designation documents.
- Gather account statements, titles, and proof of ownership for all assets you intend to claim.
- Check whether the estate meets Wisconsin’s small‑estate eligibility rules (use the statute search or talk to the probate clerk).
- Prepare the small‑estate affidavit or petition required by your county court; have it notarized if required.
- Present the affidavit and supporting records to each institution holding assets; obtain written receipts for transfers.
- Keep copies of everything and track distributions to heirs; file any required tax filings.
When to get legal help
If the estate contains real property, disputed beneficiary designations, significant debts, unclear ownership, or if institutions refuse to release assets based on the documents you provide, consider consulting a lawyer who handles Wisconsin probate. A lawyer can review records, prepare or file necessary court petitions, and help ensure distributions comply with law and reduce personal liability for the person collecting assets.
Helpful Hints
- Start by making a master inventory of all known assets and their likely locations.
- Always ask institutions in writing what they require to release funds — get their instructions by email or letter.
- Keep originals of crucial documents (death certificate, title, affidavit) and provide certified copies when requested.
- If you rely on an appraisal, use a qualified appraiser and keep the written report.
- Record every transfer with a dated receipt signed by the recipient; this protects you if creditors later claim unpaid obligations.
- Double‑check beneficiary designations on retirement and insurance accounts before using a will-based distribution plan — beneficiary designations control those accounts.
- Contact the probate clerk at the county courthouse for procedural questions and to confirm whether your county has local rules or forms.
Disclaimer: I am not a lawyer. This article explains common practices and general information about small‑estate procedures in Wisconsin and does not constitute legal advice. For advice specific to your situation, consult a licensed Wisconsin attorney or the probate clerk in the county where the decedent lived.