Detailed Answer
This section explains, in plain language, what you typically must file in Wisconsin to ask the court to appoint a personal representative (executor or administrator) and to take the oath required to act for a decedent’s estate. This is a general guide only — courts and counties can differ in procedure and fees. This is not legal advice.
Core documents usually required to apply for appointment and oath
- Certified death certificate. A certified copy of the decedent’s death certificate is required for most probate filings.
- Original will and any codicils (if one exists). If the decedent left a will, you must file the original will with the court when you file the petition. If there is no will, you will file a petition for administration (intestate).
- Petition or application for probate/appointment. Use the circuit court probate petition form appropriate to the situation (for example, a petition to probate a will and appoint a personal representative, or a petition for administration if there is no will). Wisconsin’s circuit court probate forms are organized in the PR series: the local clerk’s office or the official forms page will show the exact form you need.
- Affidavit or proof of mailing/notice (if required). Some notices must be given to heirs, beneficiaries, or known creditors and courts often require proof of that notice or service.
- Oath or affirmation of the proposed personal representative. The person who will serve must take the oath (or file an affidavit of oath) swearing to faithfully perform the duties of personal representative. The court will have a standard form for the oath or will administer it when you appear.
- Consent, renunciation, or waiver forms from other interested persons (if applicable). If beneficiaries or other persons entitled to priority appointment consent to your appointment or renounce their right to appointment, written and signed waivers or consents can simplify appointment.
- Bond or waiver of bond. The court may require a fiduciary bond for the personal representative unless the will waives bond or statutory rules allow waiver. You can file a bond or a written waiver of bond signed by beneficiaries or as permitted by statute.
- Inventory, accountings, or schedules (timing varies). Many administrations require an inventory of estate assets (often filed after appointment). Some filings must be made soon after appointment; check local requirements.
- Identification and contact information for the proposed personal representative and heirs/beneficiaries. Expect to provide legal name, address, date of birth (or other identifying info), and relationship to the decedent for the petitioner and for heirs and beneficiaries.
- Filing fee or fee waiver request. Courts charge filing fees for probate petitions; if you cannot pay, you may be able to submit a fee waiver request per local rules.
How filings differ based on common situations
- When a will names an executor: File the original will, the petition to probate the will and appoint the nominated personal representative, proof of the decedent’s death, and the oath. If beneficiaries entitled to appointment consent, the process can be quicker.
- No will (intestate administration): File a petition for administration, list heirs and their relationships, provide the death certificate, and take the oath. The court will appoint an administrator according to statutory priority.
- Small estate or simplified procedures: Some estates qualify for simplified procedures (small estate affidavits or nonprobate transfers). These options can avoid full probate, but eligibility rules apply.
- Out-of-state personal representative or nonresident issues: If the proposed personal representative lives outside Wisconsin, the court may require additional steps such as increased bond or a resident agent.
Where to find the official Wisconsin forms and rules
Use the official Wisconsin circuit court probate forms (PR series) and local clerk’s office for filing instructions and exact form numbers. Official forms and general probate guidance are available from Wisconsin Courts:
Wisconsin Circuit Court Probate Forms (PR series)
General state statutes and the Wisconsin Legislature website provide the governing law for appointment, powers, bond, and oath for personal representatives. See the Wisconsin Statutes online for probate provisions and related chapters:
Typical step-by-step filing sequence
- Obtain certified death certificate and original will (if any).
- Complete the appropriate petition form from the PR series and the personal representative oath form, plus any bond documents or waivers.
- File the petition, original will, oath, and supporting documents with the circuit court clerk in the county where the decedent lived.
- Serve required notice to heirs and interested parties and file proof of service.
- Pay the filing fee or request a fee waiver.
- Attend a hearing if the court requires one; otherwise the clerk or judge will issue letters or other proof of appointment after reviewing filings.
After appointment and oath, the court issues letters testamentary or letters of administration (or the local equivalent), which allow the personal representative to manage estate business such as collecting assets, paying debts, and distributing property.
Important: Local probate practice varies by county and judges differ in how much they supervise administration (supervised vs. unsupervised). Always confirm local procedures with the county circuit court clerk or official court website.
This information is educational only and is not legal advice. Consult an attorney licensed in Wisconsin if you need legal advice or representation.
Helpful Hints
- Start by contacting the county circuit court clerk where the decedent lived — they can tell you the exact forms, fees, and local process.
- Use the official PR-series probate forms from the Wisconsin Courts website to avoid rejected filings: PR forms.
- Bring the original will to file; do not file only a copy unless the original is unavailable. If the original is lost, the court needs an affidavit explaining the loss and proof of contents if possible.
- Collect basic information about heirs and assets before filing (names, addresses, relationships, bank account and real property info), so your petition and inventory are complete.
- If a bond is required, discuss bonding companies with the clerk or an attorney early — obtaining a bond can take time.
- Ask about supervised vs. unsupervised administration. Unsupervised administration usually reduces ongoing court involvement and filings.
- If multiple people claim the right to be appointed, expect contested proceedings and consider getting legal help.
- Keep copies of everything you file and proof of service on interested persons.