How Do I Transfer Title to Vehicles After a Person Dies Intestate in Wisconsin?
Full Question:
Answer:
When a person dies, their assets are distributed in the probate process. If a person dies without a valid will, an administrator is named to handle the distribution of the estate after a petition to probate the estate is filed with the court in the county where the deceased resided. The court will issue letters testamentary or letters of administration, giving the administrator authority to collect the assets and pay the debts of the decedent.
In cases where the decedent didn't own property valued at more than a certain amount, which varies by state, the estate may go through a small estate administration process, rather than the formal probate process. To dispose of the real property interests of the decedent, the executor or administrator executes an executor's deed or fiduciary deed. For example, if a person who is a joint tenant dies without a will, the administrator of the estate can execute a fiduciary deed transferring their interest to the remaining joint tenants, or other person entitled to receive the interest under intestacy laws of the state.
An intestate estate is any part of the estate of a decedent not effectively disposed of by his will, which passes to his heirs as prescribed in the applicable state's laws of intestate succession. The estate of a decedent who dies intestate is distributed according to the intestacy laws where the decedent was domiciled and/or where the decedent owned real property. Under the intestate laws of succession, the spouse and heirs will receive property by the laws of descent and distribution and marital rights in the estate which may apply to a surviving spouse. Each state has an intestacy law which specifies who is to inherit property in the absence of a will. If a person dies without a will, the probate court will appoint a personal representative (or administrator) for his or her estate to receive creditors' claims against the estate, pay debts, and distribute the deceased person’s remaining property according to state laws. Certain assets are not included as part of a person's estate and may pass outside of probate, such as trust assets and transfer on death accounts or property owned by joint tenants which passes under a right of survivorship when one tenant dies.
The answer will depend in part on the value of the estate. An estate may not be valued at more than $20,000 or $50,000, depending on the circumstances, to qualify for summary procedures. If the pension, bank account, and insurance were transfer on death accounts or owned as joint tenants with a right of survivorship, they would not be included as part of the estate in order to determine the estate's value. If the assets didn't name a person as beneficiary to whom it would transfer on death, you may have no choice other than to open an estate with the probate court. This may be necessary in order to have ownership title to property changed to your name, etc. We do not know the details of the real and personal property involved, and going into that level of detail is beyond the scope of this service. However, a shortcut may be available.
There is a "small estate affidavit" statute in Wisconsin. This would be a way to avoid opening an estate, however it is only a viable option in certain circumstances. Please read the Wisconsin small estate statutes at the link below to determine applicability. If a small estate procedure is available, the court will order the transfer of interests in real estate, stocks or bonds registered in the name of the decedent, the title of a licensed motor vehicle, or any other form of property.
