Wisconsin Small Estate Affidavit Limit (2026)
In Wisconsin, estates valued at or below $50,000 can bypass formal probate court proceedings under Transfer by Affidavit (Wis. Stat. § 867.03). Use the interactive calculator below to evaluate whether your estate qualifies.
In Wisconsin: Estates with qualifying probate assets valued at or below $50,000 can bypass formal probate court proceedings under Wis. Stat. § 867.03 (Transfer by Affidavit). Heirs must observe a mandatory statutory waiting period of no statutory delay before executing the affidavit. Real property transfer is permitted under summary affidavit procedures.
Wisconsin Small Estate Affidavit Eligibility Checker
Statutory Threshold: $50,000 under Wis. Stat. § 867.03
1. Probate Assets Valuation
Enter the gross fair market value of assets titled solely in the decedent’s name with no designated beneficiary.
2. Exempt Non-Probate Exclusions
Assets that pass automatically by contract or operation of law bypass probate and are 100% EXCLUDED from the statutory limit.
Qualifies for Wisconsin Small Estate Procedure
Transfer by AffidavitLegal Analysis: The decedent’s probate-subject assets total $45,000, which is under the $50,000 statutory maximum established by Wis. Stat. § 867.03. Heirs can bypass formal court administration.
📋 Next Statutory Steps for Wisconsin:
- Required Form: Transfer by Affidavit (§ 867.03, Form PR-1831).
- Waiting Requirement: Wait 0 days after the decedent’s date of death before presenting or filing.
- Documentation: Attach certified death certificate and proof of decedent’s sole ownership.
- Notarization: Must be signed under penalty of perjury in the presence of a licensed Notary Public.
- Presentation: Present certified copies directly to asset holders (e.g. Chase, Wells Fargo, brokerage firms) without open probate.
STATUTORY PROBATE EXEMPTION AUDIT DOSSIER & SMALL ESTATE EVALUATION
JURISDICTION: STATE OF WISCONSIN · TRANSFER BY AFFIDAVIT (Wis. Stat. § 867.03)
Generated: 11/2/2026
Pursuant to Wis. Stat. § 867.03, the decedent's probate-subject estate of $45,000 is beneath the statutory maximum of $50,000. Rightful distributees may collect assets directly via Form: Transfer by Affidavit (§ 867.03, Form PR-1831) without formal probate proceedings.
1. Statutory Asset & Liability Valuation
| Sole Personal Property, Bank Accounts & Vehicles: | $45,000 |
| Countable Net Real Estate Equity: | $0 |
| Gross Probate-Subject Estate: | $45,000 |
| Wisconsin Small Estate Statutory Cap: | $50,000 |
| Excluded Non-Probate Assets (Trusts, TOD, Survivorship): | $75,000 |
| Deductible Funeral & Final Medical Expenses: | -$5,000 |
2. Statutory Conditions & Mandatory Requirements
No statutory waiting period; immediate execution permitted.
Instrument: Transfer by Affidavit (§ 867.03, Form PR-1831)
Court: Circuit Court (Probate Division) / Register of Deeds
Affiant / Successor Signature:
Full Printed Name / Executed Under Penalty of Perjury
Notary Public Acknowledgment:
State Seal, Commission Expiration & Date
Wisconsin Statutory Small Estate Rules & Qualifications
⚖ Key Legal Parameters
- Maximum Estate Value:
- $50,000
- Mandatory Waiting Period:
- No waiting period
- Real Property Included:
- Yes (Specific terms apply)
- Governing Statute:
- Wis. Stat. § 867.03
- Judicial Venue:
- Circuit Court (Probate Division) / Register of Deeds
📑 Required Documentation & Procedure
No waiting days; copy must be mailed to Wisconsin Department of Health Services within 10 days of recording.
Real Estate Transfer Rules in Wisconsin
Real property permitted. Form PR-1831 can be recorded with the register of deeds to transfer real estate interest.
Exclusions: Excludes survivorship marital property and survivorship tenancy.
How to File a Small Estate Affidavit in Wisconsin
- Check the Asset Total: Calculate all personal property solely titled in the decedent’s name. Subtract outstanding secured debt and statutory funeral deductions. Confirm that the final total does not exceed $50,000.
- Verify Beneficiary Designations: Ensure you are not counting assets that pass directly by contract, such as life insurance policies, 401(k) accounts, or bank accounts designated as Payable-on-Death (POD).
- Wait the Required Time: In Wisconsin, you must wait until official death records are issued prior to presenting the affidavit to any institution.
- Complete the Transfer by Affidavit (§ 867.03, Form PR-1831): Draft the document, listing every financial institution, account number, and exact dollar balance.
- Notarize Under Oath: All rightful distributees or the designated representative must sign before a licensed notary public under penalty of perjury.
- Present to Custodians: Deliver the notarized affidavit alongside a certified copy of the death certificate to banks, DMVs, or asset holders to claim and distribute funds.
Frequently Asked Questions About Wisconsin Small Estates
What is the small estate limit in Wisconsin for 2026?
Under Wis. Stat. § 867.03 (Transfer by Affidavit), the 2026 small estate threshold in Wisconsin is $50,000. Estates with gross probate assets at or below this value qualify for expedited transfer without formal court probate.
How long do you have to wait after death to file a small estate affidavit in Wisconsin?
Under Wisconsin probate statutes, there is no mandatory waiting period; the summary settlement petition or affidavit can be executed immediately following death once required death certificates are available.
Can real estate be transferred with a small estate affidavit in Wisconsin?
Yes, Wisconsin permits real estate transfers under specific statutory conditions: Real property permitted. Form PR-1831 can be recorded with the register of deeds to transfer real estate interest.
What form is required for a small estate in Wisconsin?
The required official legal instrument is the Transfer by Affidavit (§ 867.03, Form PR-1831), which must be signed under oath in the presence of a notary public and presented to asset holders or filed with the Circuit Court (Probate Division) / Register of Deeds.
Compare Other States
Check small estate exemption thresholds across all 50 U.S. states