--- title: "Does a Small Estate Affidavit Need a Notary in Wisconsin?" description: "Wisconsin small estate affidavit: yes, a notary is required, per the official page. What else the signing needs, and the next step." url: "https://mcc-solutionsnj.com/notary/does-it-need-a-notary/small-estate-affidavit-wisconsin" --- Does it need a notary? · Wisconsin # Does a small estate affidavit need a notary in Wisconsin? The answer from the state's own pages, what else a small estate affidavit needs to be signed properly here, and how to get it done. ✓ New Jersey commissioned notary, no. 50244803, insured for errors and omissions. [See the credentials](/about/credentials) Yes, a notary is required. The heir signs the transfer-by-affidavit under oath and has it notarized, per Nolo's Wisconsin summary of Wis. Stat. 867.03. ## In the source's wording "after signing the document (and swearing to its truthfulness) and having it notarized" From the sources listed below, checked November 2026. ## What else the signing needs Value limit Property subject to administration in the state with a gross value of $50,000 or less. Real property can be transferred, with notice to the heirs at least 30 days before the affidavit is recorded. "that does not exceed $50,000 in gross value" Waiting period No waiting period after the death: Wis. Stat. 867.03 sets none (2024 statute text on Justia; the State Bar's instructions agree). Two 30-day waits apply to later steps: a holder may not transfer until 30 days after receiving an affidavit from a personal representative named in the will, and real estate needs 30 days' notice to the heirs before recording. Where it goes Not filed with the court: given to whoever owes the money or holds the property; for real estate, recorded with the register of deeds. Official form PR-1831, Transfer by Affidavit. Wisconsin Court System form, revised 07/2019. [Open the official form](https://www.wicourts.gov/forms1/circuit/ccform.jsp?FormNumber=PR-1831) Other simplified route Summary assignment (Wis. Stat. 867.02). When the estate is worth $50,000 or less after debts secured by estate property, anyone with standing to petition for administration can ask the court to assign the property summarily. Summary settlement (Wis. Stat. 867.01) is a separate court procedure. ## Next step Sign by video with our New Jersey notary while you're in Wisconsin, 7 AM to 9 PM Eastern, seven days a week, by appointment. New Jersey law lets a New Jersey notary notarize for a signer located in another state ([N.J.S.A. 52:7-10.10](https://pub.njleg.gov/bills/2020/PL21/179_.HTM)). How Wisconsin treats it: Wisconsin's Department of Financial Institutions says notarial acts performed by notaries of other states have the same effect under Wisconsin law as if an in-state notary performed them. [More on Wisconsin signers](/notary/online-notary/wisconsin). Handling an estate from far away? [Estate paperwork help near where the estate is](/notary/estate-paperwork-help-out-of-state). DFI's guidance on remote online notarial services says some providers use notaries from other states, that quality varies, and that for a mortgage transaction you should check whether the provider is approved by your title insurer. Ask the bank, holder or court that will receive the affidavit whether it accepts an electronically notarized one. [Notarize it online ($50 per session)](/notary/#order) [Request a mobile notary in Wisconsin](/notary/mobile-notary-outside-new-jersey?state=Wisconsin#request) Booking sends a request; we confirm the time and the price before you pay. In person, we look for a notary commissioned in Wisconsin near you; you approve the price first. If a local notary in Wisconsin does it: Acknowledgments and other services: same as other officers allow, but no more than, $5; Drawing an affidavit or other paper not otherwise provided for, per folio (plus 12 cents per folio for copying), $5, under the state's fee rules ([Wisconsin notary fees](/notary/fees-by-state/wisconsin)). ## Get it notarized online today Online notary: open now until 9 PM ET · sessions by appointment · times confirmed by email A New Jersey notary can notarize this with you on a video call, wherever you are in the U.S. $50 for the session, $10 for each extra signer. Any other fee shows in the booking form before you confirm. Open 7 am to 9 pm ET, every day, by appointment. **What you need** - A valid government photo ID - A computer or phone with a camera - The unsigned document [Book an online session](/notary/?service=ron#order) Our certificate states the act was performed using communication technology, as New Jersey law requires. [What it must say](/notary/remote-online-notarization-certificate-wording) Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. [What to ask them](/notary/will-my-online-notarization-be-accepted) · [Several signers](/notary/online-notarization-multiple-signers) ## Sources - [Wis. Stat. 867.03, Transfer by affidavit, and 867.02, Summary assignment (Wisconsin Legislature, chapter 867)](https://docs.legis.wisconsin.gov/statutes/statutes/867/03) (checked November 2026) - [Wisconsin Court System form PR-1831, Transfer by Affidavit (07/2019)](https://www.wicourts.gov/forms1/circuit/ccform.jsp?FormNumber=PR-1831) (checked November 2026) - [Nolo (secondary source): Probate Shortcuts in Wisconsin (Nolo)](https://www.nolo.com/legal-encyclopedia/wisconsin-probate-shortcuts-32038.html) (checked November 2026) - [Justia (statute text) (secondary source): Wis. Stat. 867.03, Transfer by affidavit (2024 Wisconsin Statutes, Justia)](https://law.justia.com/codes/wisconsin/chapter-867/section-867-03) (checked November 2026) - [State Bar of Wisconsin (secondary source): State of Wisconsin Transfer by Affidavit instructions (State Bar of Wisconsin, 7.17.19)](https://www.wisbar.org/forPublic/INeedInformation/Documents/Transfer%20by%20Affidavit%20Instructions.pdf) (checked November 2026) Sourced from official pages; a few facts from vetted secondary sources, marked "(secondary source)". We are not lawyers, and this is general information, not legal advice. Checked November 2026. Rules change, and whoever receives the document decides what it accepts; we can't guarantee acceptance. ## Common questions **Is a notary required for a Wisconsin small estate affidavit?** Yes, a notary is required. The heir signs the transfer-by-affidavit under oath and has it notarized, per Nolo's Wisconsin summary of Wis. Stat. 867.03. **What is the small estate limit in Wisconsin?** Property subject to administration in the state with a gross value of $50,000 or less. Real property can be transferred, with notice to the heirs at least 30 days before the affidavit is recorded. **How long after a death can the Wisconsin affidavit be used?** No waiting period after the death: Wis. Stat. 867.03 sets none (2024 statute text on Justia; the State Bar's instructions agree). Two 30-day waits apply to later steps: a holder may not transfer until 30 days after receiving an affidavit from a personal representative named in the will, and real estate needs 30 days' notice to the heirs before recording. **Is the Wisconsin affidavit filed with a court?** Not filed with the court: given to whoever owes the money or holds the property; for real estate, recorded with the register of deeds. **Can I sign the Wisconsin affidavit with an online notary?** Our New Jersey notary can notarize it by video while you're in Wisconsin. Wisconsin's Department of Financial Institutions says notarial acts performed by notaries of other states have the same effect under Wisconsin law as if an in-state notary performed them. Ask the bank, holder or court that will receive it whether it accepts an electronically notarized affidavit. **What does a notary charge in Wisconsin?** Up to $5 per document for acknowledgments and other services, under the state's fee rules. A mobile notary may add a travel fee; ask for the total first. ## Keep going - [Eligibility checker](/notary/small-estate-eligibility-checker?state=wi) - [Small estate rules in every state](/notary/small-estate-affidavit-by-state) - [A power of attorney in Wisconsin](/notary/does-it-need-a-notary/power-of-attorney-wisconsin) - [A will in Wisconsin](/notary/does-it-need-a-notary/will-wisconsin) A small estate affidavit in another state: [Washington](/notary/does-it-need-a-notary/small-estate-affidavit-washington) · [Wyoming](/notary/does-it-need-a-notary/small-estate-affidavit-wyoming) · [every state](/notary/does-it-need-a-notary?doc=small-estate-affidavit) ## Ready to sign? Book a video session. [Book an online notarization](/notary/#order)[Call (908) 444-6373](tel:+19084446373)