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Affidavit must be filed by the new owner with the assessor for the city or township where the property is located within 45 days of the transfer.
The transfer by affidavit process can be used to close a person's estate when the deceased has $50,000 or less in assets subject to administration in Wisconsin. It is an alternative to using a court process for smaller estates.
In Wisconsin, you can make a living trust to avoid probate for virtually any asset you own -- real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
Probate is used to distribute a decedent's assets not only to beneficiaries but also to creditors and taxing authorities. Any Wisconsin estate that exceeds $50,000 in value must go through the probate process unless the property is subject to certain exemptions.
Dying Without a Will in Wisconsin The court will then follow intestate succession laws to determine who inherits your assets, and how much they get. If there isn't a will, the court will appoint someone, usually a relative, financial institution, or trust company to fill the role of executor or personal representative.
Informal probate is the administration of a deceased person's estate without continuous court supervision.Formal probate is required in a number of instances and Wisconsin statutes require the estate's personal representative to procure the assistance of an attorney.
Although Wisconsin law requires that probate be completed within 18 months, a court may choose to grant an extension. On average, probate in Wisconsin takes no less than six months. The probate process must allow time for creditors to be notified, file required income tax returns, and resolve any disputes.
Step 1 At the top, write in the name of the decedent. Step 2 Under Section 1, write in the date of birth, the date of death, the residential address of decedent. Step 3 In Section 2, check the box that describes you as the person filling out the affidavit.