Probating an estate in Wisconsin is the legal court process for paying a
person's debts and expenses and distributing a person's property after
that person’s death. In a Wisconsin probate matter, the person who has
died is called the “
decedent”, and his or
her property is called the “
estate".
Intestate vs. Testate
Usually, a decedent's debts are paid from the estate and any
property remaining is divided among heirs or beneficiaries, according to
a Will (died
testate), the Wisconsin
Probate Code, or the laws of intestate succession. If the decedent did
not leave a Will (died
intestate), the
heirs to the estate will be determined according to the Wisconsin
Probate Code and/or the laws of
intestate
succession.
Duties of the
Personal RepresentativeIn Wisconsin, the "
personal
representative" of the estate is a fiduciary of the decedent's
estate who will administer the estate for the benefit of all
beneficiaries,
heirs,
devisees (devise of real
property), and/or
legatees (bequest of
personal property). The personal representative is typically nominated
by Will of the decedent and appointed by the District Court in the
county where the decedent was domiciled (resided) at death.
Duties of the personal representative may
include (1)
collecting income from the estate
property, (2)
paying any and all debts,
claims, and expenses of administering the estate, (3)
filing all necessary estate and income tax
returns and reports, and (4)
preserving,
distributing and settling the estate in accordance with
decedent's Will, the Wisconsin Probate Code, or the laws of intestate
succession. The personal representative is usually represented by a
Wisconsin probate attorney, who can assist with these duties and
responsibilities.
Wisconsin's Probate
LawsThe
Wisconsin Probate Code
can be found in chapters 851-879 of the Wisconsin Statutes. Information
and laws on
guardianship can be found in
chapter 54 of the Wisconsin Statutes. Wisconsin's
marital property law is codified in
chapter 766 of the Wisconsin Statutes.
Is It Always Necessary to Probate an Estate in
Wisconsin?
Wisconsin probate law applies to people who lived in Wisconsin when they
died and to residents of other states who owned real estate or other
property in Wisconsin (ancillary administration). Whether a matter is
"probated" depends on a number of factors, including the type of
property and the nature of the ownership of that property. For example,
unless real estate (a home, a cabin, a farm, etc.) was transferred into
a trust or was owned as "joint tenancy" property with a right of
survivorship, it usually is subject to the probate process. (If you are
considering a Will in Wisconsin, you should consult with an attorney
about the ownership of any real estate and whether there are advantages
to certain types of ownership.) An estate must be probated if the real
or personal property value is
greater than
$50,000. If the decedent’s estate is not worth $50,000, the
decedent's legal heirs may be able to collect or
transfer the property by affidavit (Wisconsin Statutes Section
867.03), which may not require probate court involvement. Transfer by
affidavit allows for a small estate to keep its costs of administering
the estate low.
The advice of an experienced probate
attorney licensed in Wisconsin can help you decide the best manner with
which to proceed in the event a loved one passes and leaves an estate
for which you are responsible. Legal representation during the probate
process may also help eliminate unnecessary delays due to noncompliance
with Wisconsin Statutes, the Wisconsin Probate Code and/or local rules
of the Probate Court for specific counties.
Trusted, experienced probate attorneys.
Ensure that the probate process is
completed efficiently and smoothly. Our
attorneys have
over 45 years of combined
legal experience. We offer the experience and resources of a large
firm while at the same time providing our clients with the
convenience,
accessibility and
affordability
typical of a small firm. Our objective is
to work with you to provide the assistance you need to efficiently and
effectively manage your loved one's estate and to ensure compliance with
applicable laws.
Many probate proceedings in Wisconsin require
no court appearance. Also, depending upon the situation, it may never
be necessary for the personal representative to travel to our office, as
most of the services our attorneys provide can be dealt with via e-mail,
facsimile, mail or phone. At
Taurinskas Law Firm, you'll find experienced attorneys to
assist you with any probate or trust administration issues or questions you
may have in Minnesota or Wisconsin. Our law office offers a
free initial consultation for probate or estate administration matters.
A few matters you may face once it has been determined you are responsible to administer a loved
one's estate may include:
- Probate & Trust
Administration
- Formal Probate vs. Informal
Probate
- Supervised vs. Unsupervised
-
Summary Proceedings
- Special Administration
-
Probate Property vs. Nonprobate Property
- Intestate
(no will) vs. Testate (valid will)
- Domiciliary
Letters
- Personal Representative (Nominated vs. Appointed)
- Creditor's Claims and other Debts of Decedent
-
Liens, including Medical Assistance Claims
- Payment
of Utilities and Collection of Rent
- Funeral
Expenses and Debts of Last Illness
- Marital
Property vs. Non-Marital Property
- Marital
Property Agreement & Will Substitute Agreement
-
Situs Property
- Real Estate
Sales and Conveyances
- Asset
Identification and Distribution to Heirs and Devisees
- Inventory,
Notices, Publication, Consents, & Final Account
-
Transfer by Affidavit (Small Estate Affidavit for Assets ≤ $50,000)
-
Transfer of Interest in Property
- Will Contests
(Undue Influence, etc.)
- Lost Original Wills,
Will Copies, & Codicils
- Ancillary Proceedings
-
Federal & State Taxes (income, estate, etc.)
MN & WI
ATTORNEYS
P. James Taurinskas
Brian J. Taurinskas
WISCONSIN PROBATE AND ESTATE ADMINISTRATION ATTORNEYS
At our law office, our lawyers provide probate and trust administration
guidance and representation in all areas of the Twin Cities
(Minneapolis-Saint Paul), western Wisconsin and their surrounding communities.
Please Note: This site contains general information and not legal advice. It is based on
Wisconsin law in effect at the time of writing. An
experienced Wisconsin probate and estate planning lawyer can advise you about how the law applies to your specific situation.
ADDITIONAL RESOURCES ON
WISCONSIN
PROBATEThe following information
is solely for reference and educational purposes. Taurinskas Law Firm,
P.A. is not affiliated with, funded by, or endorsed by the Wisconsin
State Law Library or any other local or state Department or Office of
Wisconsin.
Additional information
on Wisconsin Probate may be found at: