How does probate work in Wisconsin?
1. Governing Code. Wisconsin Statutes Chapters 851-879 (Probate). Wisconsin has not adopted the UPC.
2. Court. Circuit Court, Probate Branch, in the county of the decedent's domicile (Wis. Stat. § 856.01).
3. Petition to Open. Application or Petition for Probate filed by the named personal representative or interested person under Wis. Stat. § 856.07. Two tracks: Informal Administration (started by Application, handled by Probate Registrar) or Formal Administration (started by Petition, handled by Circuit Judge).
4. Domiciliary Letters. Issued under Wis. Stat. § 856.21 after appointment, oath, and bond unless waived.
5. Notice to Creditors. Published once a week for 3 consecutive weeks under Wis. Stat. § 859.07. Direct notice to known creditors. Creditor claim deadline is the date set by the court, generally 3-4 months from the date of order (Wis. Stat. § 859.01).
6. Inventory. Filed within 6 months of appointment under Wis. Stat. § 858.01.
7. Informal Administration. Informal Administration under Wis. Stat. Chapter 865 is Wisconsin's streamlined track, handled by the Probate Registrar with minimal court involvement when the estate is uncontested.
8. Small-Estate Procedure. Transfer by Affidavit under Wis. Stat. § 867.03 for total estate (less encumbrances) not exceeding $50,000. Summary Settlement under Wis. Stat. § 867.01 for estates up to $50,000 plus court costs, or where surviving spouse/minor children are sole heirs. Summary Assignment under § 867.02 also available.
9. Closing. Informal: Personal Representative's Statement to Close Estate under Wis. Stat. § 865.16. Formal: Final Account and Petition for Final Judgment under Wis. Stat. § 863.41.
10. Probate Avoidance. Wisconsin Transfer on Death Deed under Wis. Stat. § 705.15, Marital Property Agreement under Wis. Stat. Ch. 766 (Wisconsin is a marital property state), revocable living trust, joint tenancy with right of survivorship, POD/TOD accounts, beneficiary designations.
This is legal information, not legal advice.
- Will contest or formal administration is required
- Marital property classification affects distribution
- Estate includes a farm, business, or out-of-state real property
- Wis. Stat. § 856.07
- Wis. Stat. § 867.03
- Wis. Stat. § 705.15
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.