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 spouses, partners, or children, and there may not be any disputes regarding the estate in probate court. The Department of Health and Family Services must be notified of the decedent’s passing, and then 30 days later the interested parties may file the affidavit of heirship to collect small estates valuing $50,000 or less, per Wis. Stat. Ann. § 867.03.
How to Write
Step 1 – Download in Adobe PDF or Microsoft Word (.doc).
Step 2 – Fill-in the following blanks respectively:
- Identify all heirs of the estate
- Your legal name and address
- List your relationship with the decedent
- Timeline of relationship
- Name of any/all spouses including date(s) or marriage, divorce, and death (if any)
- Name of any/all children including date(s) or marriage, divorce, and death (if any)
- Name of any/all grandchildren including date(s) or marriage, divorce, and death (if any)
- Name of any/all parents including date(s) or marriage, divorce, and death (if any)
- Name of any/all brothers & sisters including date(s) or marriage, divorce, and death (if any)
- Name of any/all nieces & nephews including date(s) or marriage, divorce, and death (if any)
Step 3 – Sign the document before a notary public, and file with a copy of the death certificate.
