Wisconsin Affidavit of No Probate
Definition and meaning
The Wisconsin Affidavit of No Probate is a legal document used to affirm that a person has died and that their estate does not require formal probate proceedings due to certain circumstances. This affidavit serves to clarify the status of the deceased's estate and to facilitate the transfer of property without the need for lengthy legal processes.
How to complete a form
To properly complete the Wisconsin Affidavit of No Probate, follow these steps:
- Fill in the name of the deceased and their county of residence.
- Provide the post office address, date of birth, and date of death of the deceased.
- Attach the original Last Will and Testament or any codicils if necessary.
- Select your relationship to the deceased and indicate if you are the personal representative designated in the will.
- Check the reasons for not requiring probate, such as jointly held property or assets under a specific value.
Who should use this form
This form should be utilized by individuals who are heirs of a deceased person's estate in Wisconsin when the estate is not required to go through the probate process. This typically includes surviving spouses, children, or other designated heirs who need to affirmatively claim the estate's assets without probate.
State-specific requirements
In Wisconsin, specific regulations govern the use of the Affidavit of No Probate. The affidavit must adhere to state statutes, including:
- Sec. 856.05 of the Wisconsin Statutes for filing a will.
- Sec. 867.03 for transferring property valued at less than $50,000 without probate.
- All signatures must be notarized or witnessed, ensuring the document's validity.
What documents you may need alongside this one
When using the Wisconsin Affidavit of No Probate, you may need the following documents:
- The original Last Will and Testament of the deceased.
- Any codicils to the will if they exist.
- Death certificate to verify the date of passing.
- Proof of your relationship to the deceased as required.
Form popularity
FAQ
Pursuant to Wisconsin State Statute Section 867.03, Transfer by Affidavit is used for solely owned property within this state valued under $50,000. Any heir, trustee, or person who was guardian, may collect and transfer the solely owned assets by completing an affidavit in duplicate.
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).
If the total value of your estate is under $50,000 then the estate does not need to be probated and can be settled without court involvement.
Some strategies to consider if you wish to avoid probate court include: Transfer Property to Revocable Trusts. Reduce Your Estate. Create A Will. Name Beneficiaries. Take Advantage of Joint Ownership.
If an estate with a will exceeds the small estate threshold in Wisconsin, then it must move forward under probate before the assets of the estate can be transferred to the deceased person's heirs or beneficiaries.
How to Avoid Probate in Wisconsin: Simple Strategies That Work Create a Living Trust.Name Beneficiaries.Payable-on-Death Beneficiaries.Transfer-on-Death Deeds.Joint Property Ownership.Small Estates.Designating a Power of Attorney.
The list can be mailed to the Wisconsin Department of Health Services Estate Recovery Program P.O. Box 309 Madison, WI 53701-0309.
In Wisconsin, Small Estate Affidavits are commonly referred to as Transfer Affidavits. If you are dealing with someone's estate after they have passed, and there is $50,000 or less in probate assets, a transfer affidavit may be a good way to avoid probate, save time, and make the whole process easier for you.
