Wisconsin probate code · checked October 2026
For money and belongings, Wisconsin's affidavit limit is $50,000 — applied to the estate after the assets that pass automatically are taken out. Real estate rides INSIDE Wisconsin's Transfer by Affidavit: for real property, the affidavit goes to the register of deeds and a certified copy is recorded in each county where the land lies — and the single $50,000 gross cap covers everything combined. Wisconsin sets no waiting period for its affidavit.
The affidavit limit today: $50,000, judged by the law in force on the date of death.
The paper: PR-1831 - Transfer by Affidavit ($50,000 and Under).
How it moves: presented to whoever holds the property; no court case is opened.
The wait: no statutory waiting period.
For a surviving spouse: No different cap for a surviving spouse as sole heir under 867.03; spouse may instead use Summary Settlement under 867.01 where the estate is exhausted by allowances/expenses.
| Track | Limit | How it works |
|---|---|---|
| Small-estate affidavit | $50,000 | Presented to whoever holds the property; no court case. Form: PR-1831 - Transfer by Affidavit ($50,000 and Under). |
| Summary Assignment of Small Estates (Wis. Stat. 867.02); Summary Settlement (Wis. Stat. 867.01) | $50,000 | Summary Assignment (§ 867.02) is the court track when an estate of $50,000 (less secured debts) cannot be summarily settled; Summary Settlement (§ 867.01) is its sibling track. |
Vehicles are property subject to administration transferable by the Transfer by Affidavit if the total estate is $50,000 or less; no separate vehicle exclusion from the cap was found in 867.03.
By accepting property the affiant assumes a duty to apply it to payment of obligations according to the priorities in Wis. Stat. 859.25 and to distribute any balance under the governing instrument or intestacy (867.03(2g)); affidavit must also disclose whether decedent/spouse received Medical Assistance / long-term care benefits, with notice to DHS Estate Recovery if applicable (867.03(1m)).
Rules checked October 2026 · Sources: Wis. Stat. 867.03(1g); Wis. Stat. 867.03(1m),(2g),(2m); Wis. Stat. 867.02(1); Wis. Stat. 867.01; Wis. Stat. 705.15 (TOD to beneficiary of real property). This page reads the published law; it is not legal advice, and the court is the final word.