Probate is a legal process wherein the court oversees the settlement of an estate. Surviving family members and the state use it to handle a deceased person’s financial affairs. In Wisconsin, probate matters are under the jurisdiction of the local circuit court level. Here are answers to some common questions you might have about probate law and the procedures involved.

FAQ About the Wisconsin Probate Process

What do I do when a loved one passes away?

If your loved one left a will, you must file it with the probate office within 30 days of their passing, regardless of whether or not probate is needed to distribute the assets. If a probate proceeding needs to be initiated, file the appropriate circuit court form with the original will. If the decedent did not leave a will, then intestate succession determines the distribution of property.

What is the duty of the personal representative?

This nominated person is tasked with administering the decedent’s assets during a formal or informal proceeding. The representative is appointed by the court, and they cannot assume the proper duties until this is done. Essential responsibilities of the personal representative include filing tax returns, distributing assets in a timely and diligent manner, and protecting the estate.

Where can I find the probate procedures to follow in Wisconsin?

The probate law and general procedures for settling an estate in Wisconsin are governed by the Uniform Probate Code (UPC). This act has been adopted by 15 states and aims to streamline the probate process. Under the UPC, Wisconsin has three probate proceedings: informal, supervised formal, and unsupervised.

The majority of the proceedings in Wisconsin are informal, which means there are no significant problems with creditors and beneficiaries. Unsupervised probate is a court proceeding where a judge must approve actions by the personal representative. In supervised formal probate, the court supervises the entire probate procedure.

How does the simplified probate procedure work?

An inheritor in Wisconsin can file a written request asking the local probate court to initiate the simplified probate process. This is only allowed for small estates — those valued at $50,000 or less — minus encumbrances and mortgages. Also, the decedent must be survived by minor children or a spouse. An attorney who is well-versed in probate law can help determine whether or not you qualify for the simplified procedure.

LaRowe Gerlach Taggart LLP has been providing clients in Southern Wisconsin with reliable counsel for over 35 years. Depend on them for personalized attention and experienced legal guidance when it comes to estate planning, probate law, personal injury, bankruptcy, and a variety of other areas. Call their Reedsburg law office at (608) 524-8231, or dial (608) 643-3391 for their Sauk City location. Visit their website to find out more about their practices.