Legal Question in Wills and Trusts in Wisconsin

Re: Wisconsin Out-Of-Court Affadavit

The form for transfer by affidavit for an amount under $50,000 with instructions may be found at:

http://www.wicourts.gov/circuit/ccform.jsp?FormName=&FormNumber=&beg_date=&end_date=&StatuteCite=&Category=32

At the website at:

http://www.firstamericancu.org/dealdeath.htm

It states, among others, that:

Non-Resident Descendents (WI).

When the deceased lives outside of Wisconsin, the entitlement is very much the same as if they lived in state. An Affidavit for Transfer or Property can still be used in those cases that in-state heirs qualified for. However, if a personal rep/executor has been appointed by a court outside of WI but there is no personal rep/executor appointed in-state he/she would have to file with a WI circuit court an original or certified copy of the court documents from the other state. Once filed in WI, the foreign personal rep would have all the powers that a WI personal rep would have.

So it appears that under the right circumstances you should be able to use the affidavit. In that case list the amount as $50,000 or less. If it turns out to be more than $50,000 then the bank should not release the funds and you will have to use a more formal procedure.