Free Wisconsin Affidavit of Heirship Form

Wisconsin Affidavit of Heirship Form Made Simple

When someone in Wisconsin dies without a will, heirs often face a maze of paperwork to claim property or assets. The Wisconsin Affidavit of Heirship Form (also called an affidavit of legal heirs) is a straightforward process; particularly helpful in counties like Milwaukee or Madison, which do not require formal probate, where avoiding formal probate is not necessary.

What Is This Heirship Affidavit Meant For?

This form can be used as an addition to transfer the property by affidavit process in the state. According to Wisconsin law, heirs may avoid the probate procedure by using this alternative in estates that have assets valued at $50,000 or less. The Heirship Affidavit names heirs under oath and is filed as a companion document to the transfer by affidavit to define who has a legal right of inheritance.

What Information Does the Form Require?

• The Affidavit of Heirship (Addendum) should contain:

  • The name of the affiant, address and relationship of the affiant to the decedent.

  • Whether there was a spouse or domestic partner who survived the decedent.

  • A list of all the children living or dead (giving the date of death) and of their descendants.

  • In case of no spouse or children, details of surviving parents, then siblings (and their descendants), or grandparents.

  • Whether any of the named heirs had perished within 120 hours (5 days) of the decedent.

  This in-depth descent makes sure the right heirs are located in the intestacy laws of Wisconsin.

When Is the Affidavit Used?

In estates with total probate assets of $50,000 or less and generally where there is no real estate - the transfer by affidavit in combination with the affidavit of heirship enables the heirs to receive the assets, such as bank accounts, automobiles and personal tangibles, without going to court.

In situations where the estate is big or a will may be disputed, then formal probate or other court options must be undertaken.

Steps to Complete and Submit the Form

• 1. Obtain the details of the deceased – name, date of death, place of residence and complete family information.

  2. Fill in the Affidavit of Heirship addendum with the correct details of the heir.

  3. Combine it with the Transfer by Affidavit form (for estates ≤ $50,000).

  4. Submit the forms to the county Register in Probate where the decedent resided.

  Once filed, heirs can take control of assets without the expense or delay of probate.

Benefits and Important Considerations

• Why use this method:

  • It’s faster and far less costly than full probate.

  • It’s designed for smaller, uncontested estates.

  • It provides a clear, legally recognised heirship trail for institutions.

• Points to watch:

  • It only applies to estates under the $50,000 threshold.

  • Neither it nor the law by virtue of which it is established transfers the property but simply ascertains heirs. Additional steps may be needed to transfer or claim assets.

  • Accuracy is critical; false information may lead to legal consequences.

Common Questions Heirs Ask

Who can sign as the affiant?
Affidavit In the affidavit, one usually fills out a form under oath and knows the decedent, and he/she can attest to family information.

Is the 120-hour rule significant?
Yes. In case an heir passed away within five days of the deceased, then this may affect the inheritance rights. Such must be stated in the form.

Does this replace probate entirely?
In qualifying small estates, yes but not if there are complications, substantial debts, or assets beyond the $50,000 limit.

Accessing the Wisconsin Affidavit of Heirship Form

The Wisconsin Affidavit of Heirship Form simplifies inheritance for heirs in Milwaukee, Madison, or across the state- saving time, money and stress. It’s sample ready for free preparation and download here.