The Affidavit of Service is a Wisconsin addendum to the Transfer by Affidavit form, printed as "Affidavit of Service OR Waiver of Notice" and tied to §867.03, Wis. Stats. One page is a sworn statement that a copy of the Transfer by Affidavit was given to a decedent's heirs; the other lets an heir waive notice. The Wisconsin Department of Revenue lists it among the documents that may support an unclaimed property claim. On this page you can fill out the affidavit of service online on FillingPDF and download or print the completed PDF.
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What is Affidavit of Service – Wisconsin?
The Affidavit of Service is a two-page Wisconsin document, titled Affidavit of Service OR Waiver of Notice – Addendum to Transfer by Affidavit, that proves heirs of a decedent received a copy of the Transfer by Affidavit form, or that an heir consents without being served.
The form is headed "Estate of ____ (the "Decedent")" and has two parts, joined by the word OR:
- Affidavit of Service (page 1). A person swears that on a stated date they gave a copy of the Transfer by Affidavit form for the Decedent to named heirs at the listed mailing addresses. A table records each heir's name, mailing address and type of service. The form refers to §867.03, Wis. Stats., for the proper manner of service and says it may include personal service or certified mail return receipt requested. The page closes with the signature block and a notary or court jurat.
- Waiver of Notice (page 2). An heir states that they are not a minor, have not been found incompetent and have no guardian, that they received a copy of the Transfer by Affidavit form, and that they consent to its immediate recording in the register of deeds office in each county where the Decedent had an interest in real estate.
The printed revision is 7.17.19. The Wisconsin Department of Revenue's unclaimed property forms page lists the Affidavit of Service among the external forms that may support a claim as legal owner of unclaimed property.
Who needs to file Affidavit of Service – Wisconsin?
The person who is completing a Transfer by Affidavit for a decedent and has given a copy of it to the decedent's heirs uses the affidavit page to swear to that service. That person fills in their own name, city and state, the date, and each heir served.
An heir who prefers to consent instead of being served uses the waiver page. The heir must be able to state that they are not a minor, have not been found incompetent and do not have a guardian. Each heir who waives signs and dates the waiver, with a printed or typed name.
Claimants dealing with the Wisconsin Department of Revenue (DOR) may also meet this form. The DOR's unclaimed property page says you may be required to submit supporting documents for a claim as legal owner, lists the Affidavit of Service under claimants, and tells you to check the claim form instructions to see whether it is required in your case.
The form does not say that an heir who is a minor, found incompetent or under a guardian can sign the waiver. It describes only the situation of an heir who is none of those.
When to file Affidavit of Service – Wisconsin
The form has no due date printed on it. The affidavit page is completed after the copy of the Transfer by Affidavit form has been given to the heirs, because it states the date on which that was done. The waiver page is completed when an heir has received a copy and consents to its immediate recording.
The addendum goes with the Transfer by Affidavit for the same Decedent. If you send it to the Wisconsin Department of Revenue with an unclaimed property claim, the DOR page tells you to refer to the claim form instructions to find out whether you must submit it. For a Transfer by Affidavit served by certified mail, the DOR requires a copy of the return receipt showing the delivery date.
Documents you need
- A copy of the certified mail return receipt showing the delivery date, when service on heirs was made by certified mail and the Transfer by Affidavit goes to the Wisconsin Department of Revenue.
- A separate sheet listing additional heirs, when you check the box "See attached for additional heirs" on the affidavit page or the waiver page.
- The Transfer by Affidavit form for the Decedent, which this form is an addendum to and which the heirs must have received a copy of.
How to fill out Affidavit of Service – Wisconsin
Enter the Decedent's name
At the top, write the name of the deceased person on the line "Estate of ____ (the
Identify yourself as the affiant
On the affidavit page, enter your name, your city and your state in the sentence that begins "I, [Name]".
Enter the date of service
Write the date on which you provided a copy of the Transfer by Affidavit form for the Decedent, in the space after "on [Date]".
List each heir served
In the table, enter each heir's name, mailing address and type of service. Check "See attached for additional heirs" and attach a list if the rows are not enough.
State the type of service
Under TYPE OF SERVICE, write how each heir was served. The form notes it may include personal service or certified mail return receipt requested, and refers to §867.03, Wis. Stats.
Sign before a notary or court
Sign the affidavit and print or type your name and address. Then have the notary or court complete the State, County, date sworn, name, title and commission or term expiration.
Complete the Waiver of Notice if used
On page 2, each heir who waives notice prints or types their name, signs and dates. Check the additional heirs box if more are attached.
Review and download the completed PDF
Check that names, addresses and dates match the Transfer by Affidavit and the return receipts. Download or print the completed PDF from FillingPDF and keep it with the Transfer by Affidavit.
How to submit Affidavit of Service – Wisconsin
The form prints no filing address. The Wisconsin Department of Revenue says its unclaimed property forms can be completed online, printed and mailed, and gives one mailing address for them.
- By mail to the DOR (unclaimed property claims): Wisconsin Department of Revenue, PO Box 8982, Madison, WI 53708-8982. Phone: (608) 264-4594.
- With the Transfer by Affidavit: the Waiver of Notice consents to recording in the register of deeds office in each county where the Decedent had an interest in real estate, so keep the signed addendum with the Transfer by Affidavit. The form does not state where else it must be delivered.
If service was by certified mail, include a copy of the return receipt showing the delivery date when you send the Transfer by Affidavit to the DOR. Attach a sheet for any additional heirs when you check that box. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Leaving the Decedent's name blank on the line "Estate of ____", so the addendum cannot be tied to a Transfer by Affidavit.
- Listing an heir without a mailing address or without the type of service in the table on the affidavit page.
- Writing a type of service the form does not mention instead of personal service or certified mail return receipt requested, as §867.03, Wis. Stats., is cited for the proper manner.
- Signing the affidavit without completing the notary or court block, including the date sworn and the commission or term expiration.
- Checking "See attached for additional heirs" without attaching the list.
- Having a minor, an heir found incompetent or an heir with a guardian sign the Waiver of Notice, when the waiver states the heir is none of these.
- Sending a Transfer by Affidavit served by certified mail to the Department of Revenue without a copy of the receipt showing the delivery date.
Frequently asked questions
What is an affidavit of service in a Wisconsin Transfer by Affidavit?
It is the sworn statement, on page 1 of the Affidavit of Service OR Waiver of Notice, that a copy of the Transfer by Affidavit form for the Decedent was given to named heirs on a stated date. It is an addendum to the Transfer by Affidavit and cites §867.03, Wis. Stats.
What is the difference between the affidavit of service and the waiver of notice?
The affidavit of service (page 1) is signed by the person who gave the heirs a copy, and is notarized or sworn before a court. The waiver (page 2) is signed by each heir, who confirms receiving a copy and consents to immediate recording at the register of deeds.
How do I serve heirs for this form?
The form says the type of service may include personal service or certified mail return receipt requested, and refers you to §867.03, Wis. Stats., for the proper manner of service. You write the type used next to each heir's name and mailing address.
Does the affidavit of service need to be notarized?
Yes, the affidavit page has a "Subscribed and sworn to before me" block for a Notary Public or Court, with the name, State, County and commission or term expiration. The waiver page printed on the form has no notary block.
Who can sign the waiver of notice?
An heir of the Decedent who states they are not a minor, have not been found incompetent and do not have a guardian. The heir also confirms receiving a copy of the Transfer by Affidavit form and consents to its immediate recording.
Where do I send the affidavit of service to the Department of Revenue?
The Department of Revenue's unclaimed property page gives Wisconsin Department of Revenue, PO Box 8982, Madison, WI 53708-8982, and phone (608) 264-4594. Check the claim form instructions to see whether this form is required for your claim.
Can I fill out the affidavit of service online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service: it does not file, notarize or send the form, so you deliver the signed document through the channels the agency lists.
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