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Dying Without a Will in Wisconsin The court will then follow intestate succession laws to determine who inherits your assets, and how much they get. If there isn't a will, the court will appoint someone, usually a relative, financial institution, or trust company to fill the role of executor or personal representative.
Probate is used to distribute a decedent's assets not only to beneficiaries but also to creditors and taxing authorities. Any Wisconsin estate that exceeds $50,000 in value must go through the probate process unless the property is subject to certain exemptions.
Affidavit must be filed by the new owner with the assessor for the city or township where the property is located within 45 days of the transfer.
Step 1 At the top, write in the name of the decedent. Step 2 Under Section 1, write in the date of birth, the date of death, the residential address of decedent. Step 3 In Section 2, check the box that describes you as the person filling out the affidavit.
The transfer by affidavit process can be used to close a person's estate when the deceased has $50,000 or less in assets subject to administration in Wisconsin. It is an alternative to using a court process for smaller estates.
In most states, however, there is the option to use a small estate affidavit when the assets of the estate are under a certain dollar amount, which varies by state. An attorney is not required to file a small estate affidavit, although it may be helpful to consult with one prior to filing the small estate affidavit.
In Wisconsin, you can make a living trust to avoid probate for virtually any asset you own -- real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).