Transfer By Affidavit

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.

Transfer By Affidavit 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 Transfer By Affidavit

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

• This form pertains to the State of Wisconsin

• The relevant probate statute or Wisconsin laws related to this form include: Section 867.03

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 Transfer By Affidavit 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 Transfer By Affidavit, 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 Transfer By Affidavit 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 Transfer By Affidavit 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 Transfer By Affidavit, and when in doubt— consult a qualified trust & estates lawyer for that area.

Transfer By Affidavit 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 Transfer By Affidavit 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.

Transfer By Affidavit 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 Transfer By Affidavit. 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 Transfer by Affidavit §867.03, Wis. Stats. (7.17.19) TRANSFER BY AFFIDAVIT  Amended (if Transfer by Affidavit form previously recorded, amending recorded Document No. ________________) §867.03, Wis. Stats. – Estates with property worth $50,000 or less (gross value) Estate of __________________________________________________ (the “Decedent”). UNDER OATH, I STATE: 1.The Decedent was born on _____________ and died on _________________ domiciled in the County of ________________________ State of _______________________ and with a mailing address of __________________________________________________________. 2.I am signing this Transfer by Affidavit in the following capacity: an heir having the following relationship with the Decedent: ___________________  trustee of a revocable trust created by the Decedent.  a person who was the guardian of the Decedent at the time of the Decedent’s death.  the person identified in the Decedent’s Will to act as personal representative. NOTE: Per §867.03(1h), Wis. Stats., if you are signing as nominated personal representative in the Decedent’s Will, then this Affidavit may not be used to transfer the Decedent’s interest in real estate. Regis ter of Deeds recording area 3.The total gross value of the Decedent’s property subject to administration in Wisconsin on the date of the Decedent’s death was $______________________. NOTE: All property of the Decedent subject to administration must be included in the total gross value and on this Affidavit, which may not exceed $50,000 gross value. Name and return address Parcel No(s).: __________________________ ______________________________________ 4.If t he Transfer by Affidavit is being used to transfer the Decedent’s interest in real estate, the heirs of the Decedent are identified on the Affidavit of Heirship attached. 5.I as k that the following property of the Decedent be transferred to me pursuant to §867.03(1g), Wis. Stats: DESCRIPTION OF ALL PROPERTY TO BE TRANSFERRED If real estate, list legal description and tax parcel number. If personal property (including digital property as defined under §711.03(10), Wis. Stats.), specifically describe property including name of financial institutions and account type.  See attached for additional property Page 2 of 2 Transfer by Affidavit §867.03, Wis. Stats. (7.17.19) 6.Real Estate – Requirement to notify heirs - 30 days: If this Affidavit proposes to transfer the Decedent’s interest in real estate, then pursuant to §867.03(1p), Wis. Stats., I understand that I must provide a copy of this Affidavit, along with notice of my intention to record this Affidavit with the register of deeds office for each county in which the Decedent had an interest in real estate, to the Decedent’s heirs at least 30 days before recording. I hereby confirm that I provided a copy of this Affidavit to the Decedent’s heirs at least 30 days prior to recording or have obtained waivers from the heirs. The required Affidavit of Service OR Waiver of Notice form is attached hereto. 7.Decedent’s Spouse(s): If the Decedent was ever married, complete the following (if more than one spouse, check here and provide same information for additional spouses(s)  see attached): Name of Spouse(s): _____________________________ ( living or  deceased)  Married to Decedent  Divorced from Decedent at time of Decedent’s death  The affiant lacks information to complete this section. 8.Government Services – requirement to notify State of Wisconsin: I understand that §867.03(1m), Wis. Stats. states that if the Decedent or the Decedent’s spouse(s) ever received the following services, then I must notify the Estate Recovery Program for the State of Wisconsin prior to transferring the Decedent’s property. I hereby certify that the Decedent and/or the Decedent’s spouse(s) (either alive or deceased) received the following services: Service Decedent Received the Service Decedent’s Spouse Received the Service I Don’t Know Medical Assistance/Medicaid Family Care and/or Partnership benefits (through Managed Care Organization) Community Options Program benefits Wisconsin Chronic Disease Program Patient or inmate of a State of Wisconsin or Wisconsin County hospital or institution or responsible for any person owing an obligation to the State of Wisconsin or County in the State of Wisconsin If the Decedent or the Decedent’s spouse(s) received any of the services identified above, I hereby confirm that I provided a copy of this Affidavit to the Department of Health Services Estate Recovery Program and have attached the required proof of certified mail delivery showing the delivery date. 9.I understand that by accepting the Decedent’s property under this Affidavit, I assume a duty to apply the property transferred for the payment of obligations according to priorities established under §859.25, Wis. Stats., and to distribute any balance to those persons designated in the appropriate governing instrument, as defined in §854.01, Wis. Stats., or if there is no governing instrument, according to the rules of intestate succession under Chapter 852, Wis. Stats. DECLARATION: To the best of my knowledge and belief, I declare that this document is true, accurate, complete, and in conformity with the provisions and limitations of the Wisconsin Statutes. STATE OF _________________________________________ COUNTY OF _______________________________________ Subscribed and sworn to before me on _________________ __________________________________________________ Notary Public/Court __________________________________________________ Name printed or typed My commission/term expires: _________________________ _________________________________________________ Signature _________________________________________________ Name printed or typed ________________________________________________ Address This document was drafted by: _______________________________________