Inside Track: Keep Up to Date with Probate: Revised Transfer by Affidavit Form Now Available:

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  • Inside Track
    August
    21
    2019

    Keep Up to Date with Probate: Revised Transfer by Affidavit Form Now Available


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    If you use Wisconsin's transfer by affidavit procedure, you can now find an updated transfer by affidavit form and more on the State Bar of Wisconsin website, thanks to the State Bar's Real Property, Probate, and Trust Law Section.

    Aug. 21, 2019 – Thanks to the State Bar of Wisconsin Real Property, Probate, and Trust Law Section, you can now find an updated transfer by affidavit form for estates of $50,000 or less, and it’s free on WisBar.org.

    Until recently, the Wisconsin Court System’s Records Management Committee (RMC) maintained a transfer by affidavit form used to transfer property of decedents with estates of $50,000 or less. However, because the form is not directly related to a court proceeding, the RMC is no longer maintaining the form.

    transfer by affidavit form

    You can now find updated transfer by affidavit form, as well as other addendum forms, on WisBar.org.

    RPPT Section Takes Over

    The State Bar’s Real Property, Probate, and Trust Law Section (RPPT), in conjunction with the Wisconsin Land Title Association and the Wisconsin Register of Deeds Association (WRDA), recently updated the transfer by affidavit form, the affidavit of heirship addendum, the affidavit of service OR waiver of notice addendum, and instructions.  

    The updated forms allow a nominated personal representative to serve as an affiant for property other than real property. A special notice to the heirs is required when real estate is being transferred.

    Please share this information with anyone who regularly encounters the transfer by affidavit procedure.

    Newly Revised: Wisconsin Probate System: Forms and Procedures Handbook

    For additional information on updates to probate law, be sure to consult the State Bar of Wisconsin’s newly revised (in 2019) Wisconsin Probate System: Forms and Procedures Handbook.

    This year’s updates include changes to the transfer by affidavit procedure, as well as

    • the effects of the Tax Cuts and Jobs Act;

    • e-filing instructions and tips; and

    • the newly combined Termination of Decedent’s Interest form (formerly the separate Application for the Termination of Decedent’s Interest (HT-110) and Transfer on Death to Beneficiary (TOD-110)).

    How to Order

    The Wisconsin Probate System: Forms and Procedures Handbook is available both in print for $219 for members and $269 for nonmembers, and online via Books UnBound®, the State Bar’s interactive online library.

    For more information or to place an order, visit the WisBar Marketplace or call the State Bar at (800) 728-7788 or (608) 257-3838.




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