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.



Adobe PDF | Microsoft Word (.doc)

Wisconsin allows heirs that are not direct family members, including creditors, to file the affidavit of heirship to claim bank accounts, heirlooms, vehicles, and other personal and tangible property. Creditors must have evidence of the decedent’s debts before filing. If there are other successors, there may not be any surviving…

Adobe PDF | Microsoft Word (.doc)

The small estate affidavit allows heirs, from family to creditors, to claim the real estate property of a decedent in Wisconsin. If there are no surviving spouses, partners, or children, and no disputes regarding the real estate property in probate court, then the heirs may file the small estate affidavit….