Wisconsin Transfer by Affidavit Checklist: How to File, Step by Step
Wisconsin's court system no longer maintains a Transfer by Affidavit form; the State Bar of Wisconsin's Real Property, Probate and Trust Section maintains the current form, its heirship and notice addenda, and instructions, free at wisbar.org. Either way, Wis. Stat. § 867.03 is what lists what a compliant filing must contain. Below is that requirement, explained in plain language and cited section by section. This is informational only and is not legal advice; we do not draft or individualize the filing.
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Wisconsin's court system no longer maintains a Transfer by Affidavit form; the State Bar of Wisconsin's Real Property, Probate and Trust Section maintains the current form, its heirship and notice addenda, and instructions, free at wisbar.org. Either way, Wis. Stat. § 867.03 is what sets out what a compliant filing must contain. Here is the full sequence, with the statutory fact behind each step.
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List what the decedent owned that would go through probate in Wisconsin, at gross value
Total everything the decedent owned in their own name that would be subject to administration in Wisconsin, valued as of the date of death, without subtracting mortgages, loans or other debts. Leave out property that passed to someone else automatically at death — joint ownership with survivorship, payable-on-death or transfer-on-death designations — but include property a beneficiary designation sends to the estate. Compare the total with $50,000.
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Confirm the capacity you will sign in
You must be an heir, a trustee of the decedent's revocable trust, the decedent's guardian at the time of death, or the person named in the will to act as personal representative. If you are named in the will but are not an heir, trustee, or guardian, you cannot take real estate this way, and holders must wait 30 days after receiving your affidavit.
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Find out whether the decedent or the spouse received listed benefits
The form asks about Medical Assistance/Medicaid, Family Care or Partnership, Community Options Program, the Wisconsin Chronic Disease Program, and care as a patient or inmate of a state or county institution — for the decedent and for any spouse, living or deceased. If any applies, send a copy of the completed affidavit by certified mail, return receipt requested, to the Department of Health Services Estate Recovery Program, P.O. Box 309, Madison, WI 53701-0309, and keep the receipt showing the delivery date.
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Get the current State Bar form set, not an old county copy
Download the Transfer by Affidavit, the Affidavit of Heirship addendum, the Affidavit of Service or Waiver of Notice, and the instructions from the State Bar of Wisconsin. Each current page is footer-dated (7.17.19). A copy marked "PR-1831, 04/07" is the obsolete court version. View source →
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Complete the affidavit
The form asks for the decedent's birth and death dates, county and state of domicile and address; your capacity; the total gross value of property subject to administration in Wisconsin; a description of every item to be transferred (legal description and tax parcel number for land; institution and account type for accounts); any spouse, living or deceased, married or divorced; and the benefits table. It ends with your acknowledgment that you must pay the decedent's debts in the order Wis. Stat. § 859.25 sets and pass the rest to those entitled under the will or intestacy law.
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For real estate, give the heirs 30 days' notice first
Complete the Affidavit of Heirship addendum. At least 30 days before recording, send each heir a copy of the affidavit and notice that you intend to record it, by certified mail or personal service — or get signed waivers — and complete the Affidavit of Service or Waiver of Notice.
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Sign under oath before a notary
The form is subscribed and sworn before a notary public (or court officer). Nothing is filed with a court.
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Present it to each holder
Give the affidavit, with the certified-mail receipt attached if notice was required, to each bank, credit union, brokerage or other holder. Section 867.03 does not list a death certificate as an attachment; ask each holder what it needs before you go.
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Record it for real estate
Record a certified copy or duplicate original with the register of deeds in each county where the land is located, with the heir-notice proof, the DHS receipt if required, the legal description, and an electronic real estate transfer return. The recording fee is $30. Recording is what transfers the real estate to you.
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Use WisDOT's form for a vehicle
Transfer a car on WisDOT form MV2300 with the title and form MV1, not on the affidavit. View source →
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Pay debts, then distribute
By accepting the property you take on a duty to pay the decedent's obligations in the priority Wis. Stat. § 859.25 sets and distribute the balance under the will or, without one, Wisconsin's intestacy rules. The property remains subject to any Estate Recovery Program claim.
The step families get stuck on is presenting the completed filing to a bank, DMV, or title company .
Who publishes the form, and what the statute requires
Wisconsin's court system no longer maintains a Transfer by Affidavit form; the State Bar of Wisconsin's Real Property, Probate and Trust Section maintains the current form, its heirship and notice addenda, and instructions, free at wisbar.org. Whichever version you use, the requirements above — read directly against Wis. Stat. § 867.03 — are what a compliant filing has to satisfy.
The step that isn't really paperwork
Presenting it to the bank, DMV, or title company is where families actually lose time — most front-line staff have never processed this kind of filing before. Free one-pager: what to bring and what to say before you go, emailed now. Then a few short follow-ups over the next few weeks — then we stop. No ongoing newsletter.