In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.

For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.

And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.

Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.

In Wisconsin, the law provides for a simplified process for administering small estates through the use of a Transfer by Affidavit procedure. This process is available for estates that do not exceed $50,000 in value, excluding certain types of property such as vehicles and property that passes outside of probate (e.g., life insurance, joint property, etc.). To utilize this process, the person entitled to inherit the property, often referred to as the successor, must complete a Transfer by Affidavit form. This form requires the successor to swear to the facts that entitle them to the property and to provide notice to creditors. Once the affidavit is properly completed and any applicable waiting period has passed, it can be presented to the holders of the assets (such as banks) to transfer the property without the need for formal probate proceedings. It's important to note that this process does not apply to real estate, and if the estate includes real estate, other procedures may be necessary. As with any legal process, consulting with an attorney to ensure compliance with all applicable laws and procedures is advisable.