Quick answer: In Wisconsin you should secure the property, document everything, and move promptly to get court authority (a petition for appointment or temporary/limited authority) so you or the court can lawfully control and inventory estate property. If others are removing items, you can ask the probate court for emergency or injunctive relief and, in some situations, involve law enforcement. This is a summary for educational purposes only — not legal advice.

Detailed answer — what you can and should do now

When someone dies, their estate (including the home and personal property) belongs to the estate until distributed under Wisconsin probate rules or under a valid will. A person who is not yet appointed as personal representative (administrator) generally has no legal authority to take charge of or distribute estate property. That said, family members commonly take practical steps to preserve the deceased’s property and prevent waste or theft while formal probate is pending. Below are practical steps, legal options, and when to involve the court or police.

1. Immediate practical steps to protect the house and belongings

• Lock the property. If you have lawful access (e.g., you live there, have a key from the decedent, or the holder of the key consents), secure doors and windows and consider changing locks or rekeying locks if you can do so without excluding someone with a legal right or violating a court order.
• Document condition and inventory visible items. Take dated photographs and videos of rooms, major valuables, vehicles, and any signs of removal or damage. Keep a written list of items you see.
• Make a limited, neutral inventory. Note high-value items (jewelry, firearms, electronics, financial records) but do not move or dispose of items except to prevent immediate harm or loss (for example, protecting perishable items or securing cash). Avoid dividing or distributing property among heirs before court approval.
• Secure very high-value items separately (safes, bank safe deposit boxes, or a secure locked room) if you can do so lawfully. Photograph and log everything you place there.
• Limit access. Politely but firmly tell siblings and others that you are safeguarding the property pending appointment of an administrator and that removing items could create legal problems. Put a written notice on the door if appropriate (e.g., “Property under review — do not remove items”).

2. Move quickly to obtain legal authority

• File a petition for appointment of a personal representative (administrator) at the county probate court where the decedent lived. The court can issue letters authorizing the personal representative to take control, inventory, insure, and preserve estate property.
• If immediate protection is needed, ask the court for emergency or temporary relief. Courts can (depending on facts) issue temporary orders that restrain removal of property, appoint a temporary or special administrator with limited powers, or grant other protective relief until a permanent personal representative is appointed.
• Bring evidence when you petition: proof of death (death certificate), your relationship or interested-party status, photos, witness statements about removals, and any other documentation showing why immediate relief is needed.
• Use forms and local court procedures. Wisconsin courts provide probate forms and instructions; the court clerk can explain filing steps. See Wisconsin Courts: https://www.wicourts.gov for local probate procedures and forms.

3. If siblings are removing property now

• Document each removal: who removed it, when, and what was taken (photos, statements, receipts). Ask witnesses to provide written statements. Preserve text or email communications.
• Contact the probate court immediately and request an emergency hearing or an order to preserve the estate. The court can order return of property, freeze certain actions, or impose sanctions for interference with estate administration.
• Consider contacting local law enforcement when removal amounts to theft, burglary, or trespass — for example, if someone breaks in or takes items belonging to the decedent after being explicitly told not to. Provide police the same documentation and explain that property is part of an estate.
• If you become the appointed personal representative, you can pursue civil remedies: an action for conversion (wrongful taking), conversion claims during probate, or a motion in probate court to compel return and to account for missing assets.

4. Inventory and appraisal duties once appointed

After a personal representative is appointed, Wisconsin probate law requires the representative to take control of estate property, prepare an inventory and appraisal, and file required court reports. The court-issued letters give legal authority to gather and protect assets. To find the relevant statutes and procedural rules, consult the Wisconsin statutes on probate and the local probate court rules: https://docs.legis.wisconsin.gov/statutes and https://www.wicourts.gov.

5. When to hire an attorney

• If family members ignore requests to stop removing items, or if valuable or sentimental items are taken, talk to a probate attorney promptly. An attorney can file emergency paperwork, obtain temporary relief, and advise on evidence and next steps.
• Hire an attorney if the estate is complex (real estate, business interests, multiple claims against the estate) or when contested probate is likely.

6. Practical limits to what you can do without court authority

• Do not sell or permanently distribute estate property until you are appointed and have court permission. Unauthorized distribution can create personal liability.
• Avoid violence, threats, or self-help that could lead to criminal or civil exposure.
• Be careful with locked containers (e.g., safe deposit boxes) — banks often require court orders or letters to open boxes after death.

7. Evidence and record-keeping

Keep a careful log with dates, times, names, photos, and descriptions of all actions you take and of anything removed. Preserve digital evidence (texts, emails, social media) and copies of all filings and communications with the court or police.

8. Remedies if items are taken

• Probate court can order return of property, award damages, or remove a personal representative for wrongdoing.
• Civil claims such as conversion, replevin (recovery of specific personal property), or accounting can require return of property or compensation.
• Criminal charges (theft, burglary) may be available if facts support them; contact law enforcement if applicable.

For general statutes and rules that govern probate process in Wisconsin, see the Wisconsin Legislature’s statutes and the Wisconsin Courts resources: https://docs.legis.wisconsin.gov/statutes and https://www.wicourts.gov. These sites provide the statutory framework and links to local court forms and rules.

Helpful Hints

• Act quickly but lawfully. Prompt documentation and a court filing reduce the chances others will remove items.
• Keep communications civil and in writing. A polite but firm written request to stop taking property can help later in court.
• Photograph everything immediately and store copies off-site or in the cloud.
• Ask the clerk at the local county probate court for filing instructions and whether the court handles emergency or temporary appointment motions.
• Don’t throw away bills, statements, or mail. Those documents are estate assets and can be important for inventory and accounting.
• If you anticipate family conflict, consider hiring a probate attorney as soon as possible to file for appointment and seek protective orders.
• If someone insists they can take items because they’re an heir or the decedent intended it, remind them that only a court-authorized distribution or explicit written transfer is legally effective.