AB358,1,7 1An Act to renumber 867.01 (3) (intro.) (except 867.01 (3) (title)) and 867.02 (2)
2(intro.) (except 867.02 (2) (title)); to renumber and amend 867.01 (3) (a) and
3867.02 (2) (a); to amend 30.541 (3) (d) 2. d., 214.37 (4) (k) 1., 215.26 (8) (e) 1.,
4342.17 (4) (b) 4., 867.01 (1) (b), 867.02 (1) and 867.03 (1g) (intro.); and to create
5865.202, 867.01 (3) (ac) (title), 867.02 (2) (ac) (title) and 867.03 (2m) of the
6statutes; relating to: informal administration of estates and summary
7procedures for settling estates.
Analysis by the Legislative Reference Bureau
Under current law, estates below $30,000 may be summarily settled or
summarily assigned, without the need for formal probate administration. These
summary procedures reduce the time, complexity and cost of settling an estate. This
bill increases the maximum value of an estate that may be summarily settled or
summarily assigned to $50,000.
Under current law, if a decedent leaves solely owned property in this state that
does not exceed $10,000 in value, an heir of the decedent or the guardian of the
decedent may have any of the decedent's property transferred to him or her by
presenting to the person who has the property an affidavit that describes the
property and that specifies the value of the property, as well as the total value of the
decedent's property in this state. This transfer by affidavit procedure, however, may

not be used to transfer an interest in or lien on real property. The bill increases to
$20,000 the maximum value of a decedent's solely owned property in this state for
which the transfer by affidavit procedure may be used. In addition, the bill allows
an interest in or lien on real property to be transferred by affidavit by recording the
affidavit in the office of the register of deeds of the county in which the real property
is located.
Finally, under current law, estates that fulfill certain criteria may be probated
informally instead of formally. Under informal administration, a probate registrar
rather than the court monitors the personal representative's administration of the
estate. Current law authorizes the personal representative to close the estate by
filing with the probate registrar a statement that summarizes the personal
representative's administrative activities related to the estate and by sending a copy
of the statement to all distributees and creditors or other claimants. Current law
does not specifically address how real property, other than marital property or
property in which the decedent had a joint tenancy or a life estate, is transferred
when an estate is informally administered and closed. The bill provides that the
personal representative may file with the probate registrar a verified statement that
lists all of the decedent's property and specifies to whom the property is distributed.
Upon filing, the statement is presumed to be evidence of the termination of the
decedent's interest in the property listed and of the transfer of the interest in the
property to the persons entitled to the interest, as if the court had issued a final
judgment with respect to the distribution of the property. If the statement lists an
interest in real property or a debt that is secured by an interest in real property, the
statement must be recorded in the office of the register of deeds of the county in which
the real property is located.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB358, s. 1 1Section 1. 30.541 (3) (d) 2. d. of the statutes is amended to read:
AB358,2,52 30.541 (3) (d) 2. d. The limit in subd. 2. c. does not apply if the surviving spouse
3proceeds under s. 867.03 (1g) and the total value of the decedent's solely owned
4property in the state, including boats transferred under this subdivision, does not
5exceed $10,000 $20,000.
AB358, s. 2 6Section 2. 214.37 (4) (k) 1. of the statutes is amended to read:
AB358,3,5
1214.37 (4) (k) 1. An affidavit stating that the person has standing under s.
2867.01 (3) (ac) or 867.02 (2) (ac) to petition for summary settlement or assignment
3of a decedent's estate or that the person is an heir of the decedent, or was guardian,
4as defined in s. 880.01 (3), of the decedent at the time of the decedent's death, and
5may obtain transfer of property of a decedent under s. 867.03.
AB358, s. 3 6Section 3. 215.26 (8) (e) 1. of the statutes is amended to read:
AB358,3,117 215.26 (8) (e) 1. Submits an affidavit stating that the person has standing
8under s. 867.01 (3) (ac) or 867.02 (2) (ac) to petition for summary settlement or
9assignment of a decedent's estate or that the person is an heir of the decedent, or was
10guardian, as defined in s. 880.01 (3), of the decedent at the time of the decedent's
11death, and may obtain transfer of property of a decedent under s. 867.03; and
AB358, s. 4 12Section 4. 342.17 (4) (b) 4. of the statutes is amended to read:
AB358,3,1613 342.17 (4) (b) 4. The limit in subd. 3. does not apply if the surviving spouse is
14proceeding under s. 867.03 (1g) and the total value of the decedent's solely owned
15property in the state, including the vehicles transferred under this paragraph, does
16not exceed $10,000 $20,000.
AB358, s. 5 17Section 5. 865.202 of the statutes is created to read:
AB358,3,23 18865.202 Transfer of interest in property. (1) If the estate is closed under
19s. 865.16, the personal representative may file with the probate registrar a verified
20statement describing property in which the decedent had an interest other than an
21interest specified in s. 865.20 or 865.201, including the recording data, if any, of the
22document creating the interest, and specifying the persons to whom the property is
23distributed. Valuations need not be set forth in the statement.
AB358,4,7 24(2) Upon being filed with the probate registrar, the statement shall be
25presumed to be evidence of the facts recited, of the termination of the decedent's

1interest in the property listed and of the transfer of the interest in the property to
2the persons entitled to the interest, as if a final judgment regarding the distribution
3of the property had been issued by the court under s. 863.27. If the statement
4describes an interest in real property or a debt that is secured by an interest in real
5property a certified copy or duplicate original of the statement shall be recorded in
6the office of the register of deeds in each county in this state in which the real
7property is located.
AB358, s. 6 8Section 6. 867.01 (1) (b) of the statutes is amended to read:
AB358,4,119 867.01 (1) (b) Whenever the estate, less the amount of the debts for which any
10property in the estate is security, does not exceed $30,000 $50,000 in value and the
11decedent is survived by a spouse or one or more minor children or both.
AB358, s. 7 12Section 7. 867.01 (3) (intro.) (except 867.01 (3) (title)) of the statutes is
13renumbered 867.01 (3) (ac).
AB358, s. 8 14Section 8. 867.01 (3) (a) of the statutes is renumbered 867.01 (3) (am), and
15867.01 (3) (am) (title), as renumbered, is amended to read:
AB358,4,1616 867.01 (3) (am) (title) Petition contents.
AB358, s. 9 17Section 9. 867.01 (3) (ac) (title) of the statutes is created to read:
AB358,4,1818 867.01 (3) (ac) (title) Who may petition.
AB358, s. 10 19Section 10. 867.02 (1) of the statutes is amended to read:
AB358,5,220 867.02 (1) Availability. The court shall summarily assign the estate of a
21deceased person without the appointment of a personal representative if the estate,
22less the amount of the debts for which any property in the estate is security, does not
23exceed $30,000 $50,000 in value and the estate cannot be summarily settled under
24s. 867.01. An estate, administration of which has been commenced under ch. 856,

1or a summary settlement commenced under s. 867.01 may be terminated under this
2section at any time that it is found to meet the requirements of this section.
AB358, s. 11 3Section 11. 867.02 (2) (intro.) (except 867.02 (2) (title)) of the statutes is
4renumbered 867.02 (2) (ac).
AB358, s. 12 5Section 12. 867.02 (2) (a) of the statutes is renumbered 867.02 (2) (am), and
6867.02 (2) (am) (title) and 1., as renumbered, are amended to read:
AB358,5,97 867.02 (2) (am) (title) Petition contents. 1. A statement that the estate does
8not exceed $30,000 $50,000 in value and cannot be summarily settled under s.
9867.01.
AB358, s. 13 10Section 13. 867.02 (2) (ac) (title) of the statutes is created to read:
AB358,5,1111 867.02 (2) (ac) (title) Who may petition.
AB358, s. 14 12Section 14. 867.03 (1g) (intro.) of the statutes is amended to read:
AB358,5,2313 867.03 (1g) Generally. (intro.) When a decedent leaves solely owned property
14in this state which does not exceed $10,000 $20,000 in value, any heir of the decedent
15or person who was guardian of the decedent at the time of the decedent's death may
16collect any money due the decedent, receive the property of the decedent if it is not
17an interest in or lien on real property
and have any evidence of interest, obligation
18to or right of the decedent transferred to the affiant upon furnishing the person owing
19the money, having custody of the property or acting as registrar or transfer agent of
20the evidences of interest, obligation to or right, or upon furnishing the register of
21deeds, if the property is an interest in or lien on real property,
with proof of prior
22mailed notice under sub. (1m) if applicable and with an affidavit in duplicate showing
23all of the following:
AB358, s. 15 24Section 15. 867.03 (2m) of the statutes is created to read:
AB358,6,4
1867.03 (2m) Recording of affidavit. (a) If an affidavit under sub. (1g)
2describes an interest in or lien on real property a certified copy or duplicate original
3of the affidavit shall be recorded in the office of the register of deeds in each county
4in this state in which the real property is located.
AB358,6,85 (b) For purposes of a transfer under this section of an interest in or lien on real
6property, the recording of the affidavit copy or duplicate original constitutes the
7transfer to the affiant under sub. (1g) of the evidence of the interest in or lien on real
8property.
AB358, s. 16 9Section 16. Initial applicability.
AB358,6,1110 (1) This act first applies to deaths occurring on the effective date of this
11subsection.
AB358,6,1212 (End)
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