How to be appointed the personal representative for an intestate estate in Wisconsin
Disclaimer: This article is for general informational purposes only and is not legal advice. I am not a lawyer. For guidance about a specific case, consult a licensed Wisconsin attorney or the probate court where the decedent lived.
Detailed answer — what you must know and do
When someone dies in Wisconsin without a valid will (intestate), the court appoints a personal representative to collect the assets, pay debts, and distribute property according to Wisconsin law. The personal representative may be called an administrator, administrator with will annexed, or personal representative depending on the situation. If you are a sibling of the decedent and want to serve, you should understand eligibility, priority, required steps, and the duties you will take on.
1. Who has priority to be appointed?
Wisconsin law sets an order of priority for who the court will consider when appointing a personal representative. Close family members typically have priority over more remote relatives or strangers. If higher-priority relatives (for example, a surviving spouse or children) exist and wish to serve, they usually will be appointed before siblings. When no higher-priority persons are available or willing, a sibling may be entitled to appointment. See Wisconsin’s intestate and personal representative provisions for the statutory priority rules:
- Wis. Stat. ch. 852 (Intestate succession)
- Wis. Stat. ch. 859 (Personal representatives and administration)
2. Basic eligibility requirements
Although the court has discretion, typical eligibility requirements include:
- Being an adult (generally 18 or older).
- Being mentally competent to manage the estate.
- Not being disqualified by statute or court order (for example, a person convicted of certain crimes may be disfavored or disqualified).
- Willingness to serve and to perform the duties (inventory, paying debts, distributions, filing required court reports).
3. How to start: filing a petition in probate court
To seek appointment you must file a petition for administration in the county probate court where the decedent lived at death. Essential steps include:
- Prepare and file a petition asking the court to appoint you as personal representative. The petition typically lists the decedent’s heirs and known assets and liabilities.
- File the decedent’s death certificate with the petition.
- Give required notices to heirs and creditors. The court provides directions on who must be notified and how.
- Attend any required hearing if the court schedules one.
- If appointed, receive Letters of Administration (court-issued authority to act for the estate).
Local probate court clerks can provide forms and filing instructions. If there is any conflict among heirs, the court will resolve who is appointed.
4. Bond and consent
The court may require a bond (insurance to protect the estate) unless all interested persons waive the bond or the court otherwise orders. If other heirs consent in writing, the court is more likely to waive or reduce bond requirements. Be prepared to post a bond or obtain waivers from heirs.
5. Duties and responsibilities after appointment
As personal representative you will be responsible for:
- Safeguarding estate property.
- Identifying and inventorying assets and debts.
- Providing notice to creditors and paying valid debts from estate funds.
- Filing any required tax returns.
- Distributing remaining assets to heirs according to intestate rules.
- Filing final reports and closing the estate with the court.
6. Contested or complex situations
If other heirs contest your appointment, if the estate owns real estate in multiple jurisdictions, or if the estate includes unusual or disputed assets, consider talking with a probate attorney. The court will weigh competing claims and may hold hearings to decide the appointment and how the estate should be administered.
7. Simplified or small estate options
Some small estates can be handled with simpler procedures (for example, affidavits or abbreviated administration). The specific thresholds and procedures change, so check court resources or statutes for potential simplified remedies that avoid full probate.
Where to find forms and local instructions
Check the county probate court clerk’s office where the decedent lived and the Wisconsin Courts website for probate forms and filing instructions. If you need statutory text, the Wisconsin Legislature’s website lists the probate and intestacy chapters (see links above).
Helpful Hints
- Contact the county probate court clerk early. They can explain filing procedures and provide forms.
- Gather documents before filing: the decedent’s death certificate, a list of assets and debts, bank statements, title documents, and contact info for close relatives.
- Ask other heirs whether they will consent to your appointment and to waiving bond to speed the process.
- Check for a will again. Sometimes a valid will turns up after an initial search and changes who the court will appoint.
- Keep careful records of all estate transactions; the court will require inventories and accounting.
- If the estate is contested, complex, or includes tax issues, consult a Wisconsin probate attorney to avoid personal liability and errors in administration.
- Use the Wisconsin Legislature site for statutory text on intestate succession and personal representatives: https://docs.legis.wisconsin.gov/statutes/statutes/852 and https://docs.legis.wisconsin.gov/statutes/statutes/859