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LRB-2220/1
FFK:jld
2017 - 2018 LEGISLATURE
March 20, 2017 - Introduced by Representatives Thiesfeldt, Doyle, Katsma,
Horlacher and Bernier, cosponsored by Senators Feyen, Wanggaard and
Olsen. Referred to Committee on Judiciary.
AB152,1,3 1An Act to amend 867.03 (1g) (intro.) and 867.03 (1m) (a) and (b), (2) and (2g) (a)
2and (b) of the statutes; relating to: the transfer by affidavit option for small
3estates.
Analysis by the Legislative Reference Bureau
This bill makes the transfer by affidavit procedure for a small estate, which is
an estate that does not exceed $50,000 in value, available to a person who is named
in a decedent's will as the personal representative. Under current law, the transfer
by affidavit procedure may only be used by an heir of the decedent, a trustee of a
revocable trust created by the decedent, or a person who was a guardian of the
decedent at the time of the decedent's death. The transfer by affidavit procedure is
a method to transfer a decedent's assets without court supervision.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB152,1 4Section 1. 867.03 (1g) (intro.) of the statutes is amended to read:
AB152,2,105 867.03 (1g) Generally. (intro.) When a decedent leaves property subject to
6administration in this state which does not exceed $50,000 in value, any heir of the
7decedent, trustee of a revocable trust created by the decedent, a person named in the

1will to act as personal representative,
or person who was guardian of the decedent
2at the time of the decedent's death may collect any money due the decedent, receive
3the property of the decedent, and have any evidence of interest, obligation to, or right
4of the decedent transferred to the affiant if the heir, trustee, person named in the will
5to act a personal representative,
or guardian provides to the person owing the money,
6having custody of the property, or acting as registrar or transfer agent of the
7evidences of interest, obligation to, or right, or, if the property is an interest in or lien
8on real property, provides to the register of deeds preliminary to the recording
9required under sub. (2m), proof of prior mailed notice under sub. (1m) if applicable
10and an affidavit in duplicate showing all of the following:
AB152,2 11Section 2. 867.03 (1m) (a) and (b), (2) and (2g) (a) and (b) of the statutes are
12amended to read:
AB152,3,213 867.03 (1m) (a) Whenever an heir, trustee, person named in the will to act as
14personal representative,
or person who was guardian of the decedent at the time of
15the decedent's death intends to transfer a decedent's property by affidavit under sub.
16(1g) and the decedent or the decedent's spouse ever received services provided as a
17benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical
18assistance under subch. IV of ch. 49, long-term community support services funded
19under s. 46.27 (7), or aid under s. 49.68, 49.683, 49.685, or 49.785, the heir, trustee,
20person named in the will to act as personal representative, or person who was
21guardian of the decedent at the time of the decedent's death shall give notice to the
22department of health services of his or her intent. The notice shall include the
23information in the affidavit under sub. (1g) and the heir, trustee, person named in
24the will to act as personal representative,
or person who was guardian of the

1decedent at the time of the decedent's death shall give the notice by certified mail,
2return receipt requested.
AB152,3,103 (b) An heir, trustee, person named in the will to act as personal representative,
4or person who was guardian of the decedent at the time of the decedent's death who
5files an affidavit under sub. (1g) that states that the decedent or the decedent's
6spouse received services provided as a benefit under a long-term care program, as
7defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term
8community support services funded under s. 46.27 (7), or aid under s. 49.68, 49.683,
949.685, or 49.785 shall attach to the affidavit the proof of mail delivery of the notice
10required under par. (a) showing the delivery date.
AB152,3,16 11(2) Release of liability of transferor. Upon the transfer to the heir, trustee,
12person named in the will to act as personal representative, or person who was
13guardian of the decedent at the time of the decedent's death furnishing the affidavit
14with an attached proof of mail delivery if required under sub. (1m) (b), the transferor
15is released to the same extent as if the transfer had been made to the personal
16representative of the estate of the decedent.
AB152,4,4 17(2g) (a) By accepting the decedent's property under this section the heir,
18trustee, person named in the will to act as personal representative, or person who
19was
guardian of the decedent at the time of the decedent's death assumes a duty to
20apply the property transferred for the payment of obligations according to priorities
21established under s. 859.25 and to distribute any balance to those persons designated
22in the appropriate governing instrument, as defined in s. 854.01, of the decedent or
23if there is no governing instrument, according to the rules of intestate succession
24under ch. 852, subject to par. (b). An heir, person named in the will to act as personal
25representative,
or person who was guardian of the decedent at the time of the

1decedent's death
may publish a notice to creditors in the same manner and with the
2same effect as a trustee under s. 701.0508. This paragraph does not prohibit any
3appropriate person from requesting administration of the decedent's estate under s.
4856.07 or ch. 865.
AB152,4,195 (b) Property transferred under this section to or by an heir, trustee, person
6named in the will to act as personal representative,
or person who was guardian of
7the decedent at the time of the decedent's death
is subject to the right of the
8department of health services to recover under s. 46.27 (7g), 49.496, 49.682, or 49.849
9an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a),
10an amount equal to aid under s. 49.68, 49.683, 49.685, or 49.785 that is recoverable
11under s. 49.682 (2) (a) or (am), or an amount equal to long-term community support
12services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1. and that was paid
13on behalf of the decedent or the decedent's spouse. Upon request, the heir, trustee,
14person named in the will to act as personal representative, or person who was
15guardian of the decedent at the time of the decedent's death shall provide to the
16department of health services information about any of the decedent's property that
17the heir, trustee, person named in the will to act a personal representative, or person
18who was
guardian of the decedent at the time of the decedent's death has distributed
19and information about the persons to whom the property was distributed.
AB152,4,2020 (End)
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