Affidavit Of Heirship

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Affidavit Of Heirship is a commonly used form within Wisconsin. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Affidavit Of Heirship

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit Of Heirship:

• This form pertains to the State of Wisconsin

• The relevant probate statute or Wisconsin laws related to this form include: Section 852.01, Section 854.03

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Wisconsin’s Form Affidavit Of Heirship up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Wisconsin form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Wisconsin probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Affidavit Of Heirship, take a break, and then review. Probate and estate settlement processes in WI are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Affidavit Of Heirship online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Affidavit Of Heirship to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Wisconsin.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster Wisconsin can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Wisconsin. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Wisconsin is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Wisconsin probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Wisconsin probate clerk or court for exact answers regarding Form Affidavit Of Heirship, and when in doubt— consult a qualified trust & estates lawyer for that area.

Affidavit Of Heirship is one of the many probate court forms available for download through Atticus.

It may also be available through some Wisconsin probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Wisconsin.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Affidavit Of Heirship f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Wisconsin probate court office.

Affidavit Of Heirship is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Wisconsin-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Wisconsin Form Affidavit Of Heirship. You can use this to get an idea of the context of the form and what type of information is needed.

Page 1 of 2 Affidavit of Heirship – Addendum to Transfer by Affidavit §§852.01 and 854.03, Wis. Stats. (7.17.19) AFFIDAVIT OF HEIRSHIP Addendum to Transfer by Affidavit Estate of _________________________________ (the “Decedent”) UNDER OATH, I ANSWER THE FOLLOWING QUESTIONS: 1. What is your name, mailing address, and relationship to the Decedent? Name Mailing Address Relationship 2. Was the Decedent survived by a spouse or domestic partner?  Yes  No If YES, give name: __________________________________________ 3. Did the Decedent have any children (living or deceased; natural or adopted)?  Yes  No If YES, list all names and if deceased indicate date of death.  See attached Name of Decedent’s children If deceased, date of death For each deceased child listed above, list his or her name and the names of his or her children (living or deceased; natural or adopted). If any of his or her children are deceased, indicate the date of death of that child and the names of his or her descendants (living or deceased; natural or adopted).  See attached Name of Deceased Child Name of Deceased Child’s Children Date of Death 4. If there is a surviving spouse or domestic partner, are all of the decedent’s children listed in Section 3 above also the children of the surviving spouse or domestic partner?  Yes  No If NO, give details: __________________________________________ 1 5. If no surviving children, spouse, or domestic partner, did the Decedent leave surviving parents?  Yes  No  NA If YES, list names: __________________________________________ 1 INSTRUCTIONS: If there are LIVING persons listed in answers to Questions 2, 3, and 4, then skip to Question 8. If no such LIVING persons, continue with Question 5. Page 2 of 2 Affidavit of Heirship – Addendum to Transfer by Affidavit §§852.01 and 854.03, Wis. Stats. (7.17.19) 6.If no surviving parent, did the Decedent have brothers or sisters (living or deceased; whole blood, half blood, adopted)?  Yes  No  NA If YES, list all names and if deceased indicate date of death.  See attached Name of Decedent’s Brothers or Sisters If deceased, date of death For each deceased brother or sister listed above, list his or her name and the names of his or her children (living or deceased; natural or adopted). If any of his or her children are deceased, indicate the date of death of that child and the names of his or her descendants (living or deceased; natural or adopted).  See attached Name of Deceased Brother or Sister Name of Deceased Brother’s or Sister’s Children Date of Death 7.If no surviving brothers or sist ers, then list the names of maternal (mother) and paternal (father) grandparents and the descendants of any deceased grandparent and whether the person is living or deceased. Please continue listing children of deceased persons until a living person is named.  See attached Maternal (mother) Paternal (father) Grandfather: _____________________ Grandfather: _____________________ Grandmother: _____________________ Grandmother: _____________________ Descendants: Descendants: 8.Did any of the persons named in Questions 2-7 , inclusive, die within 120 hours (5 days) after the death of the Decedent?  Yes  No If YES, list name, date of death, and de scendant(s). Name Date of Death Descendant(s) STATE OF _________________________________________ COUNTY OF ___________________________ ____________ Subscribed and sworn to before me o n _________________ ___________________________________ ______________ Notary Public/Court ___________________________________ ______________ Name printed or typed My commission/term expires: ________________________ _________________________________________________ Signature _________________________________________________ Name printed or typed ________________________________________________ Address