1831 form-2025

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Is Probate Required in Wisconsin? Probate is required in Wisconsin if you have a will and an estate worth $50,000 or more.
Pursuant to Wisconsin State Statute Section 867.03, Transfer by Affidavit is used for solely owned property within this state valued under $50,000. Any heir, trustee, or person who was guardian, may collect and transfer the solely owned assets by completing an affidavit in duplicate.
A small estate affidavit in Wisconsin outlines summary procedures for wrapping up estates appraised at not more than $50,000 above the amount of real estate constituting the property. This legal instrument allows heirs to declare their interest in the decedents property without resorting to probate.
If the Affiant is transferring the decedents interest in real estate, or a lien on real estate, then the Affiant must first provide the following to the decedents heirs at least 30 days before recording the Affidavit with the Register of Deeds Office in each county in which the subject real estate is located: (i) a
The probate process is mandatory in Wisconsin for any estate that exceeds $50,000 in value, with a few exceptions. One of the notable exceptions is when the family took the time to set up a revocable trust.
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Further, the probate process can take anywhere between several months to several years. If the estate in question is eligible, a small estate affidavit can help a family skip through this entire process. Ideally, a small estate affidavit can get approved in just a few days, or a few weeks at most.

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