Probate

Formal Probate 

Is the administration of a decedent’s estate under the supervision of a Circuit Court Judge. This type of probate is required if the decedent did not have a Last Will and Testament and the petitioner is unable to obtain Waivers and Consents from all of the interested parties. Statute requires that the petitioner hire an attorney.

Informal Probate 

Is the administration of a decedent’s estate under the supervision of the Register in Probate/Probate Registrar. It is the most common form of probate. The petitioner is not required to hire an attorney, however, you may do so at any time during the probate administration.

You may come to the Register in Probate Office to purchase a forms packet for a fee or click on Informal Probate Guide [PDF]for a listing of the forms required and steps which need to be taken in this type of probate.

A Personal Representative’s Guide to Informal Estate Administration in Wisconsin drafted by the Wisconsin Register in Probate Association.

You will be required to file a Closing Certificate for Fiduciaries. This is obtained when you file the fiduciary income taxes with the Wisconsin Department of Revenue.

Summary Settlement

Proceedings may be used whenever there is a surviving spouse or a minor child and the estate, less debts against secured assets, does not exceed $50,000. It is also used when the estate does not exceed the priority debts.

You may come to the Register in Probate Office to purchase a forms packet for a fee or click on Summary Settlement Guideline [PDF] for a listing of the forms required and steps which need to be taken in this type of probate.

Summary Assignment 

Proceedings may be used whenever the value of the estate, less debts against secured assets, does not exceed $50,000 and you cannot use a Summary Settlement action.

You may come to the Register in Probate Office to purchase a forms packet for a fee or click on Summary Assignment Guideline  for a listing of the forms required and steps which need to be taken in this type of probate.

Special Administration

May be used if it meets the requirements of Wis. Stat. 867.07.

You may come to the Register in Probate Office to purchase a forms packet for a fee or click on Special Administration Guideline [PDF] for a listing of the forms required and steps which need to be taken in this type of probate.

Transfer by Affidavit [PDF]

Is a proceeding for estates under $50,000. It does not go through the Probate Office but is sent to the Department of Health Services, Estate Recovery Program in Madison.

Termination of Testamentary [PDF]

Trust proceeding is necessary when the terms of a testamentary trust established under a Last Will and Testament have been met.

You may come to the Register in Probate Office to purchase a forms packet or click on Trust Termination Guideline [PDF] for a listing of the forms required and steps which need to be taken in this type of proceeding.

Last Will and Testament

Of a decedent MUST be filed with the Probate Office within 30 days even if no probate is required. It must be the original. There is no fee for filing the Will.

If a probate proceeding is required, the decedent’s original Last Will and Testament can be filed with the case opening documentation.

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