Pr 1831 Form PDF Details

When a loved one passes away, navigating the legal processes to manage their estate can feel overwhelming. In Wisconsin, the Transfer by Affidavit, under section §867.03 of the Wisconsin Statutes, presents a simplified method for transferring property when the deceased's estate has a gross value of $50,000 or less. This form is a critical document for heirs, trustees, guardians, or nominated personal representatives who are tasked with the administration of the decedent's assets. It necessitates a comprehensive disclosure of the deceased's property, stipulating clear guidelines for those eligible to utilize the affidavit. The form mandates an under-oath declaration regarding the decedent’s domicile, their date of birth and death, and the total gross value of their property. It also addresses the transfer of real estate interests, the requirement to notify heirs, as well as the implications when the decedent or their spouse(s) have received specific state benefits, including Medical Assistance/Medicaid. Importantly, the affidavit places the responsibility on the individual accepting the decedent’s property to ensure that it is used to settle any outstanding obligations before distribution according to either the decedent's will or state laws governing intestacy, should a will be absent. This approach to estate management not only streamlines the process but also emphasizes the importance of adhering to statutory requirements while ensuring that all actions are accurately recorded and declared.

QuestionAnswer
Form NamePr 1831 Form
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesaffidavit of heirship wisconsin, transfer by affidavit, how to pr 1831, wisconsin small estate affidavit form

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TRANSFER BY AFFIDAVIT

Amended (if Transfer by Affidavit form previously recorded, amending recorded Document No. ________________)

§867.03, Wis. Stats. – Estates with property worth $50,000 or less (gross value)

Estate of __________________________________________________ (the

“Decedent”).

UNDER OATH, I STATE:

1.The Decedent was born on _____________ and died on _________________

domiciled in the County of ________________________ State of

_______________________ and with a mailing address of

__________________________________________________________.

2.I am signing this Transfer by Affidavit in the following capacity:

an heir having the following relationship with the Decedent:

___________________

trustee of a revocable trust created by the Decedent.

a person who was the guardian of the Decedent at the time of the Decedent’s death.

the person identified in the Decedent’s Will to act as personal representative. NOTE: Per §867.03(1h), Wis. Stats., if you are signing as nominated personal representative in the Decedent’s Will, then this Affidavit may not be used to transfer the Decedent’s interest in real estate.

3.The total gross value of the Decedent’s property subject to administration in Wisconsin on the date of the Decedent’s death was $______________________. NOTE: All property of the Decedent subject to administration must be included in the total gross value and on this Affidavit, which may not exceed $50,000 gross value.

Register of Deeds recording area

Name and return address

Parcel No(s).: __________________________

______________________________________

4.If the Transfer by Affidavit is being used to transfer the Decedent’s interest in real estate, the heirs of the Decedent are identified on the Affidavit of Heirship attached.

5.I ask that the following property of the Decedent be transferred to me pursuant to §867.03(1g), Wis. Stats:

DESCRIPTION OF ALL PROPERTY TO BE TRANSFERRED

If real estate, list legal description and tax parcel number. If personal property (including digital property as defined under §711.03(10), Wis. Stats.), specifically describe property including name of financial institutions and account type.

See attached for additional property

Page 1 of 2

Transfer by Affidavit

 

§867.03, Wis. Stats. (7.17.19)

6.Real Estate – Requirement to notify heirs - 30 days: If this Affidavit proposes to transfer the Decedent’s interest in real estate, then pursuant to §867.03(1p), Wis. Stats., I understand that I must provide a copy of this Affidavit, along with notice of my intention to record this Affidavit with the register of deeds office for each county in which the Decedent had an interest in real estate, to the Decedent’s heirs at least 30 days before recording.

I hereby confirm that I provided a copy of this Affidavit to the Decedent’s heirs at least 30 days prior to recording or have obtained waivers from the heirs. The required Affidavit of Service OR Waiver of Notice form is attached hereto.

7.Decedent’s Spouse(s): If the Decedent was ever married, complete the following (if more than one spouse, check here and provide same information for additional spouses(s) see attached):

Name of Spouse(s): _____________________________ (living or deceased)

Married to Decedent Divorced from Decedent at time of Decedent’s death

The affiant lacks information to complete this section.

8.Government Services – requirement to notify State of Wisconsin: I understand that §867.03(1m), Wis. Stats. states that if the Decedent or the Decedent’s spouse(s) ever received the following services, then I must notify the Estate Recovery Program for the State of Wisconsin prior to transferring the Decedent’s property. I hereby certify that the Decedent and/or the Decedent’s spouse(s) (either alive or deceased) received the following services:

Service

Decedent Received

Decedent’s Spouse

I Don’t Know

 

the Service

Received the Service

 

Medical Assistance/Medicaid

 

 

 

Family Care and/or Partnership benefits (through

 

 

 

Managed Care Organization)

 

 

 

Community Options Program benefits

 

 

 

Wisconsin Chronic Disease Program

 

 

 

Patient or inmate of a State of Wisconsin or Wisconsin

 

 

 

County hospital or institution or responsible for any

 

 

 

person owing an obligation to the State of Wisconsin or

 

 

 

County in the State of Wisconsin

 

 

 

If the Decedent or the Decedent’s spouse(s) received any of the services identified above, I hereby confirm that I provided a copy of this Affidavit to the Department of Health Services Estate Recovery Program and have attached the required proof of certified mail delivery showing the delivery date.

9.I understand that by accepting the Decedent’s property under this Affidavit, I assume a duty to apply the property transferred for the payment of obligations according to priorities established under §859.25, Wis. Stats., and to distribute any balance to those persons designated in the appropriate governing instrument, as defined in §854.01, Wis. Stats., or if there is no governing instrument, according to the rules of intestate succession under Chapter 852, Wis. Stats.

DECLARATION: To the best of my knowledge and belief, I declare that this document is true, accurate, complete, and in conformity with the provisions and limitations of the Wisconsin Statutes.

STATE OF _________________________________________

_________________________________________________

 

Signature

COUNTY OF _______________________________________

 

 

_________________________________________________

 

Name printed or typed

Subscribed and sworn to before me on _________________

 

__________________________________________________

 

Notary Public/Court

 

 

________________________________________________

 

Address

__________________________________________________

 

Name printed or typed

 

My commission/term expires: _________________________

 

This document was drafted by: _______________________________________

Page 2 of 2

Transfer by Affidavit

 

§867.03, Wis. Stats. (7.17.19)

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1. The wisconsin transfer by affidavit form usually requires particular information to be entered. Be sure the following fields are filled out:

Stage no. 1 of filling out how to pr 1831

2. Your next part is to fill in these particular blank fields: Parcel Nos, If the Transfer by Affidavit is, I ask that the following property, If real estate list legal, DESCRIPTION OF ALL PROPERTY TO BE, and See attached for additional.

Tips on how to prepare how to pr 1831 step 2

Be really careful while filling out If the Transfer by Affidavit is and Parcel Nos, as this is the section where a lot of people make some mistakes.

3. Completing Real Estate Requirement to notify, I hereby confirm that I provided, obtained waivers from the heirs, Decedents Spouses If the Decedent, Name of Spouses living or, Married to Decedent Divorced, The affiant lacks information to, Government Services requirement, Service, Decedent Received, the Service, Decedents Spouse Received the, I Dont Know, Medical AssistanceMedicaid Family, and If the Decedent or the Decedents is essential for the next step, make sure to fill them out in their entirety. Don't miss any details!

Part # 3 for completing how to pr 1831

4. The fourth part comes next with the following empty form fields to type in your information in: DECLARATION To the best of my, STATE OF, COUNTY OF, Subscribed and sworn to before me, Signature, Name printed or typed, Notary PublicCourt, Name printed or typed, My commissionterm expires, Address, This document was drafted by, Page of, and Transfer by Affidavit Wis Stats.

Filling in section 4 in how to pr 1831

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