The affidavit of heirship is a sworn statement, titled "Addendum to Transfer by Affidavit," that lists a decedent's surviving and deceased relatives in the order the form sets out. The Wisconsin Department of Revenue posts it among its Unclaimed Property Forms for people who may need to support a claim as legal owner of unclaimed property. On FillingPDF you can fill out the form online and download or print the completed PDF. The Department of Revenue publishes the original PDF, and the form must be sworn before a notary public or court officer.
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What is Affidavit of Heirship – Wisconsin?
The Affidavit of Heirship is a two-page sworn statement, an "Addendum to Transfer by Affidavit," in which a person answers questions under oath about a decedent's spouse or domestic partner, children, parents, brothers and sisters, and grandparents. The footer cites §§852.01 and 854.03, Wis. Stats. (7.17.19).
The Wisconsin Department of Revenue lists it under Claimants on its Unclaimed Property Forms page, among the documents you may be required to submit to support a claim as legal owner of unclaimed property in the Department's custody. The page directs you to the claim form instructions to learn whether you must complete it. It is listed beside two related documents, Transfer by Affidavit and Affidavit of Service.
The form opens with the decedent's name (Estate of), Social Security number, date of birth and date of death. It then runs through eight questions:
- Question 1: your name, mailing address and relationship to the decedent.
- Questions 2 to 4: spouse or domestic partner, children (living or deceased, natural or adopted) and whether they are also the surviving spouse's or partner's children.
- Questions 5 to 7: parents, then brothers and sisters, then grandparents and their descendants, each only if the earlier group has no living member.
- Question 8: anyone named who died within 120 hours (5 days) after the decedent.
It ends with a signature and a notary or court jurat. The form does not transfer property by itself; it is the addendum to the Transfer by Affidavit.
Who needs to file Affidavit of Heirship – Wisconsin?
The person who is completing a Transfer by Affidavit and answers the questions under oath completes this addendum. Question 1 asks for that person's name, mailing address and relationship to the decedent, and the signature block is for that person.
The Wisconsin Department of Revenue lists the form under Claimants on its Unclaimed Property Forms page. The page says you may be required to submit one or more of the listed documents to support your claim as legal owner of unclaimed property in the Department's custody, and that the claim form instructions determine whether you must submit them. Check those instructions before completing it.
The form is written around one decedent, so it is completed for the estate named at the top. Holders of unclaimed property are listed on the same page under a separate set of forms and are not the audience of this affidavit. The form does not say whether another person may sign for the affiant, so the signature line is for the person answering the questions.
When to file Affidavit of Heirship – Wisconsin
The Affidavit of Heirship is an addendum to Transfer by Affidavit, so it is completed and submitted whenever that document is submitted in support of a claim to unclaimed property. No separate due date is printed on the form.
The Department of Revenue says you may be required to submit it, and that the claim form instructions tell you whether it is needed for your claim to be approved. Sign it before a notary public or court officer, because the form is an oath: the jurat reads "Subscribed and sworn to before me." Question 8 looks back 120 hours (5 days) from the decedent's death, so have the dates of death of the people you name ready before you start.
Documents you need
- Transfer by Affidavit: this affidavit is titled an addendum to it, so it is completed for use with that document.
- Attached list of names: if the form's lists of children, siblings, grandparents or their descendants do not fit, check the "See attached" box and attach the names with dates of death.
- The other documents named in your unclaimed property claim form instructions: the Department of Revenue says the claim form instructions decide whether this affidavit and other supporting documents are required.
How to fill out Affidavit of Heirship – Wisconsin
Enter the decedent's details
Under Estate of (the "Decedent"), enter the decedent's name, Social Security number, Date of Birth and Date of Death at the top of page 1.
Answer Question 1 about yourself
Enter your name, mailing address and relationship to the Decedent. This is the person who answers the form under oath.
Answer Question 2 on spouse
Check Yes or No for a surviving spouse or domestic partner. If Yes, give the name and, if that person is deceased, the date of death.
List the children in Question 3
Check Yes or No, then list every child, living or deceased, natural or adopted, with the date of death and the name of the child's spouse where asked. Check "See attached" if you attach the list.
List descendants of deceased children
For each deceased child, list that child's children and, for any who are deceased, the date of death and their descendants. Include yourself where you are one of them.
Answer Question 4 on shared children
If there is a surviving spouse or domestic partner, check Yes or No on whether all children in Question 3 are also that person's children. If No, give details.
Follow the skip instruction
If living persons are listed in Questions 2, 3 and 4, skip to Question 8. If there are none, continue with Question 5.
Answer Question 5 on parents
Check Yes, No or NA for surviving parents and, if Yes, list their names.
Complete Question 6 on siblings
If no parent survives, check Yes, No or NA and list brothers and sisters (whole blood, half blood, adopted) with dates of death. For deceased siblings, add their children and descendants.
Complete Question 7 on grandparents
If no brothers or sisters survive, list the maternal and paternal grandfathers and grandmothers, their descendants, and whether each is living or deceased. Keep listing until a living person is named.
Answer Question 8 on the 120 hours
Check Yes or No for anyone named in Questions 2 to 7 who died within 120 hours (5 days) after the Decedent. If Yes, give name, date of death and descendant(s).
Sign before a notary
Enter the STATE OF and COUNTY OF, then sign in front of a notary public or court officer, who completes the "Subscribed and sworn to before me on" block, printed name, address and commission or term expiration.
Review and download the completed PDF
Check that every question that applies is answered and every deceased person has a date of death. Download or print the completed PDF from FillingPDF and take it to be sworn.
How to submit Affidavit of Heirship – Wisconsin
The Department of Revenue says its unclaimed property forms are Adobe PDF fillable forms that you can complete online, print and mail to the Department.
- By mail: Wisconsin Department of Revenue, PO Box 8982, Madison, WI 53708-8982.
- Questions: call the Department at (608) 264-4594.
The form itself prints no address or other channel. The mailing address above comes from the Department's Unclaimed Property Forms page. Send the affidavit with the other documents your claim form instructions require, after it has been signed and sworn before a notary public or court officer. If you also submit the Transfer by Affidavit, note that the Department's page adds certified mail return receipt requirements tied to the DHS Estate Recovery Program for that form; check the Transfer by Affidavit instructions. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Signing the affidavit without a notary public or court officer present; the form is sworn and ends with "Subscribed and sworn to before me."
- Listing only living children in Question 3, when the form asks for all children, living or deceased, natural or adopted.
- Leaving out the date of death for a deceased spouse, child, sibling or other person where the form asks for it.
- Skipping Question 8 when living persons appear in Questions 2, 3 and 4; the instruction sends you to Question 8, not past it.
- Answering Questions 5 to 7 although living persons were named in Questions 2 to 4; they apply only if no such living persons exist.
- Stopping the grandparent list in Question 7 at a deceased person; the form asks you to keep listing children of deceased persons until a living person is named.
- Leaving the decedent's Social Security number, date of birth or date of death blank at the top of page 1.
- Omitting anyone who died within 120 hours (5 days) after the decedent from Question 8, with name, date of death and descendants.
Frequently asked questions
What is an affidavit of heirship in Wisconsin?
It is a sworn statement, titled "Addendum to Transfer by Affidavit," that lists a decedent's spouse or domestic partner, children, parents, siblings and grandparents. The Wisconsin Department of Revenue lists it among documents you may need to support a claim to unclaimed property.
Do I need to file the affidavit of heirship with my unclaimed property claim?
Possibly. The Department of Revenue says you may be required to submit it and that the claim form instructions tell you whether you must. Read those instructions first, because the affidavit is not listed as required in every case.
Does the affidavit of heirship have to be notarized?
Yes, it is sworn. The form opens with "UNDER OATH, I ANSWER THE FOLLOWING QUESTIONS" and ends with a jurat reading "Subscribed and sworn to before me," completed by a Notary Public or court officer. Sign in front of that person.
Which questions can I skip on the affidavit of heirship?
If living persons are listed in your answers to Questions 2, 3 and 4, skip to Question 8. Continue with Question 5 only when there are no such living persons. Questions 6 and 7 follow only if no parent or no sibling survives.
What does Question 8 on the affidavit of heirship ask?
It asks whether anyone named in Questions 2 to 7 died within 120 hours (5 days) after the decedent. If Yes, list each person's name, date of death and descendant(s) in the lines provided.
Where do I send the affidavit of heirship?
The Department of Revenue's Unclaimed Property Forms page gives this mailing address: Wisconsin Department of Revenue, PO Box 8982, Madison, WI 53708-8982. The phone number listed there is (608) 264-4594. The form itself prints no address.
Can I fill out the affidavit of heirship online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the form or notarize it; you sign before a notary and send it to the Department through its channels.
What if I do not have room to list all the relatives?
Check the "See attached" box beside the list and attach the names with dates of death. Questions 3, 6 and 7 each include that option, and the form asks you to continue listing descendants of deceased persons.
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