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 for a listing of the forms required and steps which need to be taken in this type of probate.
To obtain the forms go to: wicourts.gov/forms1/circuit, then click on Probate and then on Informal Administration.
To obtain a copy of the A Personal Representative’s Guide to Informal Estate Administration in Wisconsin drafted by the Wisconsin Register in Probate Association go to: http://wripa.org.
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. Go to: www.revenue.wi.gov.
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 for a listing of the forms required and steps which need to be taken in this type of probate.
To obtain the forms go to: wicourts.gov/forms1/circuit, then click on Probate and then on Summary Settlement.
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.
To obtain the forms go to: wicourts.gov/forms1/circuit, then click on Probate and then on Summary Assignment.
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 for a listing of the forms required and steps which need to be taken in this type of probate.
To obtain the forms go to: wicourts.gov/forms1/circuit, then click on Probate and then on Special Administration.
Transfer by Affidavit 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.
To obtain the form go to: wicourts.gov/forms1/circuit, then click on Probate and then on Other.
Termination of Testamentary 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 for a listing of the forms required and steps which need to be taken in this type of proceeding.
To obtain the forms go to: wicourts.gov/forms1/circuit, then click on Probate and then on Trusts.
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.
Probate