Wisconsin Small Estate Affidavit | Affidavit of Heirship
Unfortunately, Wisconsin small estate law can be very complex. In general, if there are no heirs such as surviving spouses, partners, or children, and the decedent did not leave a will, then heirs can avoid probate court by filing either a small estate affidavit or an affidavit of heirship to claim personal and real estate property valued at $50,000 or less. Creditors who have evidence of the decedent’s debts may also file these affidavits to regain the value of the debt. The Department of Health and Family Services must be notified of the decedent’s passing and then 30 days after that, interested parties may file the affidavits.
Affidavit of Heirship: Creditors may file the affidavit of heirship in Wisconsin, but they must have evidence of the decedent’s debts.
Small Estate Affidavit: once the Department of Health and Family Services has been notified of the decedent’s passing, loved ones may file the small estate affidavit to claim real estate property after a 30 day waiting period.