Wisconsin Small Estate Affidavit

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. The estate cannot value more than $50,000. Creditors must have evidence of the decedent’s passing. The Department of Health and Family Services must first be notified of the decedent’s passing; when 30 days have passed after that, then interested parties may file the small estate affidavit, per Wis. Stat. Ann. § 867.03.

How to Write

Step 1 – Download in Adobe PDF or Microsoft Word (.doc).

Step 2 – Enter the following into the form:

  • Header – Enter Superior Court (See List)
  • Name of Decedent
  • Date of Birth
  • Case Number
  • Check the three (3) boxes depending on your situation
  • Date and Sign
  • Verification – On the last page you will be required to verify that everything you have stated is true and accurate

Step 3 – File the form with a copy of the death certificate to the proper clerk or courthouse.