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Wis. Stat. § 867.03 · checked 2026-10-20
Wisconsin small estate affidavit limit
In Wisconsin the transfer by affidavit is available when the value of the estate, as stated on the Wisconsin court system's form page is $50,000 or less; the statute sets no waiting period. It works through an affidavit handed to the bank or other holder, with no court filing.
- 1Dollar limit $50,000
- 2Waiting period None stated
- 3Filed with Asset holder
- 4Statute Wis. Stat. § 867.03
What Wis. Stat. § 867.03 says
The operative words of the statute, as read on 2026-10-20:
“estates of $50,000 or less”
That test is applied to the value of the estate, as stated on the Wisconsin court system's form page.
Source: Wis. Stat. § 867.03 (text read from the Wisconsin Court System form PR-1831 page: copy; check the legislature's own text before relying on it). Last checked 2026-10-20.
Worked examples against the $50,000 limit
| Estate value | Result under Wis. Stat. § 867.03 |
|---|---|
| $30,000 | Within the limit |
| $50,000 | Within the limit |
| $51,000 | Over the limit by $1,000: the small-estate route is closed |
Values are the estate as the statute measures it — value of the estate, as stated on the Wisconsin court system's form page — not everything the person owned. Wisconsin's figure is $12,500 below the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 25th from the top, level with Alaska, Delaware, Iowa, Maryland.
When the route opens
Wis. Stat. § 867.03 does not write a waiting period into the procedure, so timing depends on the court's own processing. 31 of the 51 jurisdictions here do set one, most often around 30 days.
Filing and fees
This is a no-court procedure: the person entitled to the property signs the affidavit and presents it to whoever holds the asset — a bank, a transfer agent, a motor-vehicle office. The court fee schedule for Wisconsin could not be read when this page was checked, so no fee is shown.
The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the transfer by affidavit and what it charges. This site does not supply forms or refer anyone to a lawyer.
Nearby East North Central jurisdictions
Illinois: $150,000; Indiana: $100,000 after 45 days; Michigan: $50,000 base after 28 days; Ohio: $35,000.
Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.
General information from the statute as written on 2026-10-20; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the Wisconsin probate court or its self-help center before filing.