- How do I file an heirship claim?
You file a claim as an heir when you believe you are entitled to the property through the laws of intestate succession. You will need to provide the decedent's social security number, date of birth and date of death.
Heirship claims must be filed electronically on our website. Search the decedent's name. In the search results list, choose "Add" for each of the properties owned by the decedent, then click on "Claim" at the bottom of the page and follow the instructions provided on each screen. You are the claimant; be sure to enter your information in the claimant section. See "How to Claim Property" on the unclaimed property homepage.
Note: If the decedent's estate or trust is still open, enter the estate or trust name and tax identification number in the claimant section.
- What if the Decedent's Estate is Still Open?
If the estate is open, you will need to provide a copy of the domiciliary letters or letters of special administration, the tax identification number for the estate and the social security number for the decedent.
- Do I need a court order?
A court order is required if the total value of the decedent's property subject to administration is $50,000 or more. The court order should be from the appropriate court in the county where the decedent passed away. Funds will be paid as the court order dictates.
For instructions and assistance regarding obtaining a court order, visit the Wisconsin Court System's self-help page for probate.
- What is a Transfer by Affidavit and do I need one?
All claims under $50,000 require a Transfer by Affidavit unless they are being claimed by an active trust or an open estate. The Transfer by Affidavit can be found on the State Bar of Wisconsin website.
- What happens after I complete the Transfer by Affidavit form?
As the person completing the form, you are accepting full responsibility for the decedent's property and distributing the claim proceeds to the rightful heirs.
You are also responsible for any tax liability that may be incurred. For example, if there are stocks or mutual funds being sold that were titled to the decedent, you may receive a 1099-B or 1099-DIV as the claimant who received the funds.
You might want to talk with a tax professional before making disbursements of the funds.
- Do I have to submit the Transfer by Affidavit and take full responsibility for the property?
No. As an alternative, you may obtain a court order from the appropriate court in the county the decedent passed away. Funds will be paid as the court order dictates.
For instructions and assistance regarding obtaining a court order, visit the Wisconsin Court System's self-help page for probate.
- I'm being asked to provide a Affidavit of Heirship. What is a Affidavit of Heirship?
A Affidavit of Heirship is a form similar to a family tree and used to determine how the property passes to rightful heirs. The form lists the relatives of a deceased property owner.
If you are not an immediate family member of the deceased individual and do not provide a clear explanation of how you are related to the decedent, additional information may be requested.
- Where can I get the Affidavit of Heirship?
The Affidavit of Heirship can be found on the State Bar of Wisconsin website.
- Can I submit a Affidavit of Heirship to start my claim?
No. Please start a claim on our website. See "How to Claim Property" on the unclaimed property homepage.
- What is an Affidavit of Service and do I need one?
An Affidavit of Service is a document that proves that you provided the other heirs with notice that you are filing a claim for the decedent's unclaimed property. The Affidavit or Service can be found on the State Bar of Wisconsin website.
- What is an escheated estate?
When an estate goes through probate court and the heirs are unknown or unable to be located, the funds are reported to us as an escheated estate. Heirs must get a court order from the county probate court that reported the funds. The property is only available to claim for ten years.