867.03 Transfer by affidavit.

622 words·~3 min read·/wi/chapter-867/867-03

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1c)Definition. In this section, “guardian” has the meaning given in s. 54.01

(10)or s. 880.01

(3), 2003 stats.

(1g)Generally. Except as provided in sub.

(1h)and subject to subs.

(1j)and

(1p), when a decedent leaves property subject to administration in this state that does not exceed $50,000 in gross value, any heir of the decedent, trustee of a revocable trust created by the decedent, a person named in the will to act as personal representative, or person who was guardian of the decedent at the time of the decedent’s death may collect any money due the decedent, receive the property of the decedent, and have any evidence of interest, obligation to, or right of the decedent transferred to the affiant if the heir, trustee, person named in the will to act as personal representative, or guardian provides to the person owing the money, having custody of the property, or acting as registrar or transfer agent of the evidences of interest, obligation to, or right proof of prior mailed notice under sub.

(1m)if applicable and an affidavit showing all of the following:

(a)A description of and the value of the property to be transferred.

(b)The total value of the decedent’s property subject to administration in this state at the date of decedent’s death.

(c)Whether the decedent or the decedent’s spouse ever received services provided as a benefit under a long-term care program, as defined in s. 49.496

(bk), medical assistance under subch. IV of ch. 49 , long-term community support services funded under s. 46.27

(7), 2017 stats., or aid under s. 49.68 , 49.683 , 49.685 , or s. 49.785 .

(1h)Exception for real property. A person named in the will as personal representative may not receive any real property of the decedent by providing an affidavit under sub.

(1g)or have any evidence of interest, obligation to, or right of the decedent in any real property of the decedent transferred to the person named in the will as personal representative by providing an affidavit under sub.

(1g). This subsection does not apply to a person named in the will to act as personal representative if the person is also an heir of the decedent, a trustee of a revocable trust created by the decedent, or a person who was guardian of the decedent at the time of the decedent’s death.

(1j)Transfers to a person named to act as personal representative.

(a)Subject to par.

(b), a person who receives an affidavit under sub.

(1g)from a person named in the will to act as personal representative may not transfer any money due the decedent, the property of the decedent, or any evidence of interest, obligation to, or right of the decedent to the affiant until 30 days after the day on which the affidavit is received. This paragraph does not apply to an affidavit under sub.

(1g)received from a person named in the will to act as personal representative if the person is also an heir of the decedent, a trustee of a revocable trust created by the decedent, or a person who was guardian of the decedent at the time of the decedent’s death.

(b)If, during the 30-day period under par.

(a), the person who received the affidavit under par.

(a)receives an affidavit under sub.

(1g)for the same decedent from another person, the person who received the affidavits may not transfer any money due the decedent, the property of the decedent, or any evidence of interest, obligation to, or right of the decedent under this section unless ordered to do so by a court.