Detailed answer — step-by-step under Wisconsin law

This section explains the normal path someone takes to become the court‑appointed administrator for a person who died without a will (an intestate estate) in Wisconsin. Rules and exact forms vary by county, so use the county probate court and Wisconsin Courts resources below.

1. Confirm there is no valid will

Check for any written will or estate planning documents. If a valid will exists and it names a personal representative, the court will usually probate that will instead of opening an intestate administration. If no will is found, the court will open an intestate administration.

2. Identify the correct court and file the petition

File a petition for appointment of a personal representative (often called “petition for administration” or similar) in the county where your father was domiciled when he died. The petition names the proposed administrator and asks the court to appoint that person to manage and distribute the estate. Find Wisconsin probate information and local court contacts at the Wisconsin Courts website: https://www.wicourts.gov/services/public/selfhelp/estate.htm. For statewide statutes, see the Wisconsin Legislature site: https://docs.legis.wisconsin.gov/statutes/.

3. Who has priority to serve as administrator?

Wisconsin gives priority to certain relatives and interested persons. In typical order of preference, a surviving spouse has priority, then adult children (or a majority of the adult children when they agree), parents, siblings, and more distant relatives. If no qualified family member seeks appointment, a creditor or other interested person may petition. If more than one person of equal priority petitions, the court decides who is most suitable. Because statutes govern priority and eligibility, review the relevant Wisconsin probate rules on the Legislature site (see link above) and the county court’s procedures.

4. Notice and objections

After you file the petition, the court typically requires notice to heirs and may require publication for creditors. Interested persons (heirs, creditors) have an opportunity to object. If someone objects to your appointment, the court will hold a hearing to resolve priority and fitness to serve.

5. Bond, qualifications, and Letters of Administration

The court checks that the proposed administrator is qualified (e.g., adult and not legally disqualified). The court may require a probate bond to protect estate creditors and heirs. Heirs can sometimes waive the bond in writing. Once appointed, the court issues Letters of Administration (or Letters Testamentary in testate cases). Those letters are the official document that allows you to act for the estate (e.g., access accounts, sell property).

6. Duties after appointment

As administrator you must locate and value estate assets, give notice to creditors, pay valid debts and taxes, file required inventories and accountings with the court when requested, and distribute the remaining assets to the heirs under Wisconsin intestacy rules. You also must follow court deadlines and file tax returns for the decedent and estate as needed. The county court clerk can explain filing timelines and required forms.

7. Small estate and simplified procedures

For small estates, Wisconsin offers simplified procedures (for example, certain affidavit procedures or summary administration) that let heirs access assets without full formal administration. Whether you qualify depends on the estate’s size, the type of assets, and who controls them (banks’ policies vary). Check the Wisconsin Courts resources and local rules for small estate options: https://www.wicourts.gov/services/public/selfhelp/estate.htm.

8. When disputes or complications arise

If heirs disagree about appointment, distribution, or the administrator’s conduct, the court can resolve disputes in contested hearings. The court can remove an administrator for misconduct or incapacity. If creditors bring claims, you must follow claim procedures and deadlines set by statute and court rules. When an estate has complex assets, tax issues, business interests, or litigation risks, consider getting legal advice.

Practical checklist — documents, forms, and likely costs

• Certified copy of the decedent’s death certificate (obtain from the funeral home or vital records).
• Photo ID for the person petitioning to be administrator.
• List of known heirs and their contact information.
• Preliminary inventory of known assets (bank accounts, real estate, vehicles, life insurance, retirement accounts).
• Proposed administrator’s bond (or signed waivers from heirs if the court allows no bond).
• Filing fee for the county probate court (varies by county) — call your county clerk or check the county court website.
• Copies of any letters from banks refusing access without Letters of Administration (can help expedite court filing).

Helpful Hints

1. Contact the county probate court clerk before filing. Clerks provide local forms and explain filing procedures and fees.
2. Search responsibly for a will: check the decedent’s files, safe deposit boxes, attorney offices, and recent email. Courts require proof that no will was found when you petition for intestacy.
3. Ask heirs to sign a bond waiver if they trust you to serve — waivers can reduce costs and speed the process.
4. Open an estate bank account after you receive Letters of Administration. Keep estate funds separate from personal accounts.
5. Keep clear records and receipts for all estate transactions. You may need to file an accounting with the court or explain distributions to heirs.
6. If the estate is small or all heirs agree, explore simplified procedures before filing a full administration case.
7. If another family member files first, you can still petition: the court will decide priority based on statutory rules and the heirs’ interests.
8. Be mindful of creditors’ notice deadlines. The court or statutes set timelines for presenting claims; missing them can create personal liability if you distributed assets prematurely.

When to consult an attorney

Consider hiring a probate attorney if the estate has any of the following: real property in multiple jurisdictions, business interests, contested heirship, creditor litigation, tax complications, or significant or unusual assets. An attorney can prepare petitions, represent you at hearings, and help limit personal liability during administration.