Wisconsin Transfer by Affidavit: How to Claim Assets Without Probate

Most people assume that settling a Wisconsin estate means months in probate court and thousands in attorney fees. For many families, that assumption is simply wrong. If the deceased held $50,000 or less in solely owned assets, Wisconsin law offers a powerful shortcut: the Transfer by Affidavit.

Used correctly, this single document can unlock bank accounts, transfer securities, and even move real estate — all without a judge, a court filing, or a personal representative appointment.

What the Transfer by Affidavit Actually Does

Under Wisconsin Statute 867.03, any heir, trustee, guardian, or named personal representative can use a sworn affidavit to claim assets that would otherwise require formal probate — provided the gross value of the decedent's solely owned property subject to administration does not exceed $50,000.

The form is PR-1831, now maintained by the State Bar of Wisconsin rather than the court system. It must be executed under oath, meaning signed before a notary.

Once completed and presented to a financial institution, the affiant (the person signing) has the legal authority to:

• Withdraw funds from bank accounts
• Claim certificated securities and brokerage holdings
• Transfer promissory notes and digital assets
• Record ownership of real property (with additional steps)

The affiant assumes full fiduciary responsibility by signing. That means they are legally obligated to pay the decedent's lawful debts in statutory order before distributing anything to heirs.

The $50,000 Threshold: What Counts, What Doesn't

The $50,000 cap applies only to solely owned probate assets — property titled in the decedent's name alone with no designated beneficiary or survivorship mechanism.

Assets that do not count toward the threshold:

• Life insurance with a named beneficiary
• Retirement accounts (IRA, 401k) with a named beneficiary
• Jointly owned accounts with right of survivorship
• Real estate titled as survivorship marital property
• Assets held in a revocable living trust

So a surviving spouse might find that the decedent had a $40,000 checking account in their sole name, a $200,000 IRA with the spouse as named beneficiary, and a home titled as survivorship marital property. Only the $40,000 checking account counts toward the threshold — the estate qualifies for Transfer by Affidavit even though total assets far exceed $50,000.

The Medicaid ERP Notice: The Step Most People Miss

Here is where most families make a costly mistake. Before presenting the affidavit to any bank or financial institution, you must first send a copy via certified mail, return receipt requested to:

Wisconsin Department of Health Services — Estate Recovery Program

If the decedent (or their predeceased spouse) ever received qualifying Medicaid benefits — including nursing home care, community-based long-term care, or personal care services after age 55 — the state has a legal claim against those assets. The DHS must receive advance notice so they can respond before funds are distributed.

Wait for the green certified mail card to come back confirming DHS receipt. Then wait an additional 10 days before presenting the affidavit to the financial institution.

Skipping this step is not a clerical oversight — it is personal liability. If you distribute assets and the state later enforces a Medicaid lien, you are personally responsible for reimbursing those funds.

If you are certain the decedent never received qualifying Medicaid benefits, document that certainty. Do not assume. Contact DHS directly if there is any ambiguity.

Real Estate: Adding the HT-110 Form to Your Filing

When a Transfer by Affidavit involves real property, the process requires one additional layer of paperwork. Recording the affidavit alone does not clear title — you must also file a Termination of Decedent's Interest form with the county Register of Deeds.

Wisconsin recently unified the former HT-110 (joint tenancy) and TOD-110 (transfer-on-death deed) forms into a single standardized document. The combined form requires:

1. A certified copy of the death certificate
2. A copy of the original recorded document that created the joint tenancy or TOD designation
3. A legal description of the parcel
4. An Electronic Real Estate Transfer Return (eRETR) receipt from the Wisconsin Department of Revenue portal

Because no money changes hands in a death transfer, the standard real estate transfer fee ($3.00 per $1,000 of value) does not apply. You must declare the correct statutory exemption on the eRETR system:

• Exemption 11: Termination of joint tenancies, survivorship marital property, or life estates
• Exemption 11m: Non-probate transfers on death under Wis. Stat. 705.15 (TOD deeds)

The flat recording fee is $30.00, payable to the county Register of Deeds where the property is located.

For the Transfer by Affidavit on real property specifically, the affiant must also provide 30 days' advance written notice to all other legal heirs via certified mail or personal service before recording the affidavit. This waiting period is mandatory — record before the 30 days expire and the transfer is voidable.

What Happens If the Estate Is Over $50,000

If the decedent's solely owned assets exceed the $50,000 threshold, the Transfer by Affidavit is not available. The estate must go through one of Wisconsin's court-supervised processes:

• Summary Settlement (Wis. Stat. 867.01): For small estates with a surviving spouse or minor child, or for insolvent estates
• Summary Assignment (Wis. Stat. 867.02): For estates under $50,000 with adult heirs but no surviving spouse or minor child
• Informal or Formal Administration: For estates over $50,000 that require full court supervision

The court assesses a mandatory inventory fee of 0.2% of total assets for formal and informal administration — on a $100,000 estate, that's $200 in court fees before attorney costs are added.

If the estate is close to the threshold, valuing assets carefully and accurately matters. Stock values fluctuate. Do not round up unnecessarily. Use date-of-death values.

Protecting Yourself as the Affiant

Signing the Transfer by Affidavit is not a formality. By signing under oath, you accept personal liability for ensuring that:

1. The estate qualifies (total solely owned assets do not exceed $50,000)
2. The DHS Medicaid ERP has been properly notified
3. Debts are paid in Wisconsin's statutory priority order before distributions
4. Real estate transfers comply with the 30-day heir notice requirement

If you make a distribution in the wrong order — paying a credit card before funeral expenses, for example — you can be held personally liable for the misallocation under Wisconsin Statute 859.25.

The Transfer by Affidavit is a powerful tool, but it transfers legal responsibility to you when you sign it.

The complete Wisconsin Estate Settlement Guide at /us/wisconsin/estate-settlement/ walks through the full affidavit process step by step, including the DHS certified mail procedure, the eRETR filing, and how to prioritize debt payments correctly. It also covers what to do if the Medicaid ERP responds with a recovery claim before you distribute the funds.

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