How Do I File a Transfer by Affidavit in Wisconsin?

Updated November 2, 2026

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You don't file it with a court. You fill out Wisconsin's Transfer by Affidavit form, sign it under oath, and give it to whoever holds the property, such as the bank. It works when the person's Wisconsin property that would otherwise go through probate is worth $50,000 or less in gross value. If a house is involved, there are a few extra steps with the county Register of Deeds.

Here's who can use it and how it works, one step at a time.

Who can use a Transfer by Affidavit

Under Wisconsin law, these people can sign the affidavit:

• An heir of the person who died
• The trustee of a revocable trust the person created
• The person named in the will as personal representative (executor)
• The person's guardian at the time of death

One limit: someone who signs only because the will names them personal representative can't use the affidavit to receive real estate. For a house, the signer must be an heir, the trustee or the guardian.

Step 1: Add up the property

Total the value, on the date of death, of everything that would otherwise go through probate in Wisconsin. "Gross value" means before subtracting debts like a car loan. The State Bar's instructions note this can include property that a beneficiary designation sends to the estate itself. If the total is over $50,000, the affidavit isn't available and the estate goes through probate. If you're not sure whether something counts, ask your county's Register in Probate.

Step 2: Get the official form

The form is PR-1831, "Transfer by Affidavit ($50,000 and Under)." It's listed on the Wisconsin court system's forms site, and the State Bar of Wisconsin now maintains the current version and its instructions. Read the instructions before you start. The form asks for:

• The person's name, date of death and last address
• The total value of their Wisconsin property subject to probate
• Whether they or their spouse ever received Medicaid or long-term care benefits
• Who is entitled to the property, and the property you're collecting

Step 3: Send notice to DHS if Medicaid or long-term care was involved

If the person or their spouse ever received benefits from a Wisconsin long-term care program or medical assistance, the law requires you to tell the Wisconsin Department of Health Services that you plan to use the affidavit. Send the notice by certified mail with return receipt requested, and attach the proof of delivery to your affidavit.

DHS may ask to be repaid for those benefits from what you collect. According to DHS, a bank or other holder must pay available funds to DHS up to the amount it can recover, and real estate can get a lien.

Step 4: Sign it in front of a notary

The affidavit is sworn, so sign it before a notary public or a court officer. By signing, you're stating under oath that everything in it is true.

Step 5: Give it to whoever holds the property

Bring or send it to each bank, credit union, employer or other holder, and ask each one what else it needs before it will release the property. If they ask for death certificates, here's how many to order.

• If you're an heir, trustee or guardian, there's no waiting period after the death. The holder can release the property once it accepts your affidavit.
• If you're signing only as the will-named personal representative, the holder has to wait 30 days after it receives the affidavit before releasing anything.

Once a holder pays you under a proper affidavit, it's released from responsibility just as if it had paid a court-appointed personal representative.

Step 6: If there's a house, record it with the Register of Deeds

• Notify the heirs first. Send each heir a copy of the affidavit and notice at least 30 days before you record it, by certified mail or personal service. The State Bar's instructions say heirs can waive this notice.
• Record it in the county where the property is. Take the affidavit, proof of the heir notice and proof of any DHS notice to the Register of Deeds.
• Expect a transfer return and a fee. Counties generally ask for a Wisconsin electronic real estate transfer return (eRETR) receipt and charge a recording fee. Check your county's page for its current fee.

Not sure who inherits the house? See what happens to a house when there's no will.

Step 7: Pay debts, then pass on the rest

Taking the property comes with a duty. Wisconsin law says you must use it to pay the person's obligations in the legal order of priority, then give what's left to the people entitled to it under the will, the trust, or Wisconsin's inheritance rules if there's no will. Keep receipts for every payment. More on which debts come first.

Cars use a different form

For a vehicle, Wisconsin's DMV has its own form, MV2300, for surviving family members and heirs. Our guide to transferring a car title after a death explains it.

Frequently asked questions

Does a Transfer by Affidavit have to be filed with the court?

No. You give it to whoever holds the property. The only filing is recording it with the Register of Deeds when real estate is involved.

How long does a Transfer by Affidavit take?

For an heir, the law sets no waiting period, so it depends on how quickly the holder reviews it. A will-named personal representative waits 30 days after the holder receives it, and a house needs at least 30 days' notice to the heirs before recording.

What if two people want to use the affidavit?

If a holder gets a second affidavit for the same person during the 30-day wait, it can't release the money without a court order. When family members disagree, talk to the Register in Probate or a lawyer.

Can I use it if the estate is a little over $50,000?

No. Over $50,000 in gross value, the estate needs probate or another court process. The Register in Probate can tell you which options fit.

This article is general information, not legal advice. Forms and county requirements change, so check with your county's Register in Probate or Register of Deeds, or a lawyer, before you act. Last checked November 2, 2026.

Sources: Wis. Stat. 867.03 (transfer by affidavit); Wisconsin Court System: Form PR-1831; State Bar of Wisconsin: Transfer by Affidavit instructions; Wisconsin DHS: Estate recovery and transfer by affidavit (P-13009); Sheboygan County Register of Deeds: Transfer by Affidavit; WisDOT: Transfers to heirs.