When someone dies in Wisconsin, not every estate requires full probate in Circuit Court. If the deceased owned $50,000 or less in personal property subject to probate, Wisconsin's Transfer by Affidavit (Wis. Stat. § 867.03) lets you collect those assets with a notarized document — no court filing, no attorney, no filing fee. You must wait 30 days from the date of death before presenting the affidavit.
The Three Requirements
- At least 30 days have passed since the date of death
- The total personal property subject to probate is $50,000 or less
- No probate proceeding has been filed or is pending for the estate
What Counts Toward the $50,000 Threshold?
Count: The deceased's share of personal property with no beneficiary designation or surviving joint owner — sole-name bank accounts, vehicles in the deceased's name only, investment accounts, and the deceased's half of marital property accounts (if applicable).
Do NOT count:
- Accounts with a named beneficiary (POD, TOD, life insurance, IRAs) — pass directly to the named beneficiary
- Joint tenancy property — passes to the surviving owner
- Trust assets — controlled by the trustee
- Real estate — always excluded from the affidavit procedure
- Surviving spouse's half of marital property (where applicable)
Qualifying and Non-Qualifying Examples
| Asset | Value | Qualifies? | Reason |
|---|---|---|---|
| Checking account (sole name, no beneficiary) | $28,000 | ✅ Yes | Personal property, decedent's name only |
| Vehicle (sole title) | $16,000 | ✅ Yes | Personal property; total so far = $44,000 |
| Savings account (sole name, no beneficiary) | $5,500 | ✅ Yes | Total = $49,500 — under $50,000 ✅ |
| House (sole ownership) | $340,000 | ❌ No | Real estate — requires Circuit Court probate |
| IRA with named beneficiary | $120,000 | ❌ N/A | Passes directly to beneficiary — not probate property |
| Marital joint account (deceased's half) | $30,000 (half of $60K) | ✅ Potentially | Only deceased's half ($30K) counts; total must stay under $50K |
How to Use the Wisconsin Transfer by Affidavit — Step by Step
- Wait 30 days from the date of death
- Confirm eligibility — total personal property subject to probate is $50,000 or less; no probate proceeding is open
- Draft the affidavit stating: the decedent's name and death date; that 30+ days have passed; total personal property subject to probate is $50,000 or less; no probate is pending; your relationship and legal entitlement to the property; and a specific description of each asset claimed
- Sign before a notary public
- Attach a certified death certificate (order from Wisconsin DHS Vital Records at dhs.wisconsin.gov/vital-records)
- Present the affidavit directly to the asset holder — bank, Wisconsin DMV (vehicle title transfer), investment broker
- The asset holder must transfer the property — they are legally protected when acting on a valid affidavit under § 867.03
Wisconsin vs. Neighboring State Thresholds
| State | Threshold | Wait Period | Real Estate? |
|---|---|---|---|
| Wisconsin | $50,000 | 30 days | No |
| Minnesota | $75,000 | 30 days | No |
| Iowa | $25,000 | 40 days | No |
| Illinois | $100,000 | 30 days | No |
| Missouri | $40,000 | 30 days | No |
| Michigan | $15,000 | 28 days | No |
| Nebraska | $50,000 | 30 days | No |
Wisconsin's $50,000 threshold is mid-range for the Midwest. Note that Wisconsin's marital property rules often reduce the effective probate estate, making the Transfer by Affidavit available in more situations than the threshold alone suggests.
What If the Estate Doesn't Qualify?
If the estate includes real estate in the decedent's sole name, or if personal property exceeds $50,000, you must open probate with the Wisconsin Circuit Court in the county of domicile. If the will authorizes unsupervised administration or all interested parties consent, you can significantly reduce court supervision. See our Wisconsin Probate Process guide for the complete procedure.