Milwaukee Trusts & Estates Lawyer

Non-Probate Administration Help

28 Years of Experience
We can help with:
- Joint Ownership with Right of Survivorship
- Beneficiary Designations
- Revocable Living Trusts
- Community Property with Right of Survivorship
- Small Estate Affidavits
- Simplified Probate Procedures
Familiarity with a variety of unique non-probate administration

How do I know if I need a small estate affidavit?

A Small Estate Affidavit (also called a Small Estate Declaration or Statement) only applies when:

The Estate is Modest: Small Estate Affidavits are designed for estates that are relatively modest in value and straight-forward. Often times Wisconsin sets a estate size limit threshold of $50,000 or less.
- The estate includes real estate, vehicles, and accounts. The estate does not include the following:
  - Jointly owned or titled real property, vehicles, or bank accounts
  - Payable on Death (POD) or Transfer on Death (TOD) accounts
  - Assets disposed of in a will or held in a trust
  - Beneficiary designations
There is no Will: Small Estate Affidavits can be used when the deceased person did not leave a Will and the issues involved in the administration of the estate are simple and not complex. By submitting a small estate affidavit, you can avoid the formal probate process.

Our Expertise

We specialize in probate and estate administration. Schedule a consultation with Attorney Konstantakis for all of your Trust needs!

Steps for a small estate affidavit

Step 1: Complete the Affidavit

The person seeking to use a Small Estate Affidavit must complete a sworn statement or affidavit including information about the deceased person, an inventory of assets, an estimate of the total value of the estate, and a list of heirs.

Step 2: Probate Court Approval

Work with an experienced attorney to oversee your documents, submit them to probate court. If the court finds the affidavit to be valid and the estate meets the eligibility criteria, it may authorize the distribution of the assets without the need for a formal probate proceeding.

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