Detailed Answer

Short answer: If the original estate administrator (personal representative) dies before completing probate in Wisconsin, you must ask the probate court to appoint a successor personal representative. The court will follow statutory priority rules, consider any successor named in the decedent’s will, and require the successor to file necessary paperwork, inventories, and possibly a bond before taking over administration of the estate.

Step‑by‑step: what typically happens and what you should do

1. Identify the court file and notify the court clerk. Find the county probate file where the estate is open. Notify the probate clerk that the administrator has died and provide a certified copy of the administrator’s death certificate. The clerk will explain local procedures and the forms required to seek appointment of a successor.
2. Check the will for a named successor executor. If the decedent’s will names an alternate executor or successor personal representative, that person normally has priority to be appointed. Provide the will and any codicils to the court when asking for appointment.
3. Determine priority among interested persons if no successor is named. When the will does not name a successor (or there is no will), Wisconsin law and local practice give priority to certain people (for example, surviving spouse, adult children, other heirs, or a creditor who files) to serve as administrator. The probate clerk or an attorney can explain local priority rules and the required petition form.
4. File a petition for appointment of successor personal representative. The person seeking appointment must file a petition or application with the probate court asking to be appointed successor personal representative. The petition should include information about the estate, the deceased administrator’s death, any work already completed, and whether a bond is required.
5. Provide supporting documents. Attach the certified death certificate of the administrator, the decedent’s will (if applicable), the court’s original letters (if available), inventory or accountings already filed, and any statements of actions the deceased administrator took. If the deceased administrator held letters of office, those may need to be returned to the court.
6. Bond, oath, and letters for the successor. The court will require the successor to take an oath and may require a bond unless waived by the will or by statute. After appointment and compliance with bond and oath requirements, the court issues new letters of administration (or letters testamentary) to the successor, who then has legal authority to act for the estate.
7. Inventory, accounting and transfer of authority. The successor will generally be required to file or supplement any required inventory and continue administration, including paying valid debts, filing tax returns, managing and preserving assets, and distributing the estate according to the will or law. If the deceased administrator took actions that need court approval (for example, significant sales or transfers), the successor may need to ask the court to ratify or approve those actions.
8. Protect estate assets and beneficiaries in the meantime. If substantial actions are pending (sales, distributions), take immediate steps to secure assets: notify banks and title companies, put hold on disbursements, and notify beneficiaries. That prevents accidental transfers that the successor could later have to undo.

Who can file the petition to be successor?

Usually a surviving spouse, heir, beneficiary, creditor, or anyone with an interest in the estate may petition. If multiple people seek appointment, the court chooses the person entitled under statutory priority or the person the court finds appropriate.

What if the deceased administrator mismanaged the estate?

If the deceased administrator mishandled estate property or failed to account for funds, the successor (or an interested person) can ask the court to investigate. The court can require an accounting, surcharge the deceased administrator’s estate (holding the administrator’s estate liable for losses), or take other remedial actions. It is important to preserve records and evidence of transactions and communications so the court can evaluate any alleged mismanagement.

Practical timeline and urgency

Act promptly. Delays can harm estate assets, cause creditor or tax deadlines to be missed, and create conflicts among beneficiaries. Contact the probate clerk immediately to learn filing deadlines and steps. If urgent actions (perishable property, pending tax deadlines, threatened foreclosure) exist, request expedited temporary authority from the court to act while the successor petition is pending.

Relevant Wisconsin resources and statutes

• Wisconsin statutes and chapter index (probate law and related provisions): https://docs.legis.wisconsin.gov/statutes/
• Wisconsin Courts — probate and estate administration information and self‑help resources: https://www.wicourts.gov/services/public/selfhelp/estate/index.htm

Note: specific statutory sections that apply depend on the facts of the case (presence of a will, bond waivers, priority of appointment). The state statutes linked above contain the governing provisions and county courts’ local rules may also apply.

Disclaimer

This article is educational only and does not constitute legal advice. It is not a substitute for speaking with a licensed attorney who can review your full facts and local court procedures.

Helpful Hints

• Locate the court file number or the county where probate was opened; take that to the clerk for faster assistance.
• If you are a potential successor, collect the deceased administrator’s files: bank statements, checkbooks, receipts, the inventory filed with the court, and any letters issued by the court.
• Check the will carefully for named alternates, bond waivers, or special instructions regarding successors.
• Do not make distributions or finalize the estate until a successor is properly appointed and the court approves final actions.
• Ask the clerk whether the court provides a short form petition for successor appointment; many counties have standardized forms.
• Keep detailed records of every action and transaction. These records protect a successor from later claims of mismanagement and help the court evaluate the estate’s status.
• Consider hiring a probate attorney if the estate is complex, assets are disputed, or if there are allegations of mismanagement by the deceased administrator.
• Attend any required hearings and serve notice to interested persons as ordered by the court to avoid appointment delays.
• Check for tax filings (final individual income tax return, estate tax if applicable) and file them timely to avoid penalties.