Detailed answer — how appointment works and what to do next

When a person dies leaving a will, the will usually names a personal representative (commonly called an executor or executrix). If the person named as executor refuses or is unable to act, Wisconsin probate courts will appoint another qualified person. Below are the typical legal and practical steps in Wisconsin.

1. Check the will for an alternate (backup) personal representative

Many wills name an alternate executor to serve if the first-named person dies, is disqualified, or declines. If the will names an alternate, that person can petition the court for appointment. If you are the named alternate, the process is usually straightforward: you file the probate petition and the court issues letters testamentary after required notices and any bond requirements are satisfied.

2. If there is no alternate, the court follows statutory priority

If the will does not name a successor, the court will appoint a personal representative under Wisconsin’s probate rules and priorities. Typically, the court looks to the decedent’s nominated executor first. If that person renounces or declines, the court will consider other persons with an interest in the estate (spouse, adult children, other heirs or beneficiaries). Beneficiaries often have priority to be appointed over non-beneficiaries. If you are an interested beneficiary (for example, a child or other named beneficiary), you can petition to be appointed.

3. How to get the named sibling’s formal declination (recommended)

Ask the sibling to sign a written renunciation or declination. A clear written renunciation that is filed with the court avoids delay and simplifies the record. If the sibling will not provide a written renunciation, the court can still proceed after notice and, if necessary, a short hearing where the sibling can confirm they decline to serve.

4. File a probate petition in the county where your parent lived

To begin formal appointment you (or an attorney) file the appropriate probate petition with the county probate clerk. The petition usually asks the court to admit the will to probate and to appoint a personal representative. The filing starts the probate case, triggers notice requirements to heirs and interested parties, and allows the court to issue Letters Testamentary (if there is a valid will) or Letters of Administration (if there is not).

5. Notice, bond, and hearings

The court will require that statutory notice go to heirs, beneficiaries, and other interested parties. Wisconsin may require a bond for the personal representative unless the will waives bond or the court dispenses with it. If anyone contests appointment or issues arise, the court may hold a hearing. If there is no opposition and the requirements are met, the court will appoint the petitioner as personal representative.

6. What if a family member objects?

If somebody objects to your appointment, the court will resolve the dispute. Grounds for objection might include a claim that the named executor was improperly removed, that the will is invalid, or that the petitioner is unfit. The court decides based on evidence and the best interests of the estate and beneficiaries. If an objection is raised, consider consulting an attorney experienced in Wisconsin probate.

7. Emergency or temporary needs

If estate assets need immediate protection (to prevent loss of property, preserve bank accounts, or manage a house), the court can appoint a temporary personal representative or grant limited emergency authority while the main probate petition proceeds.

8. Practical timeline and costs

Timing varies by county and whether there are objections. Simple uncontested appointments often take a few weeks to a few months. Expect filing fees and possible bond costs. If you hire an attorney, include their fees in your planning. The estate will ultimately reimburse reasonable administration expenses out of estate assets.

9. Where to find Wisconsin forms and self-help information

Wisconsin Courts provide probate self-help information and local probate forms for each county. See the probate overview and forms pages for instructions and downloadable forms:

• Wisconsin Courts — Probate: what to do when someone dies
• Wisconsin Courts — Probate forms (circuit court)
• Wisconsin Statutes (search pages for probate-related chapters)

10. When to get an attorney

Consider hiring a probate attorney if any of the following apply: the sibling disputes the appointment; the estate includes complex assets (business interests, real estate in multiple states, tax issues); potential will contests; or you want help preparing filings and notices. An attorney can also request temporary court orders to protect estate assets.

Helpful hints — quick checklist and tips

• Look for an alternate executor in the will first; that person has the simplest path to appointment.
• Ask the named sibling to sign a written renunciation or declination and file it with the court to avoid delays.
• Gather essential documents before filing: original will, death certificate, asset statements, beneficiary lists, and a list of heirs.
• File the probate petition in the county where your parent legally resided when they died.
• Serve required notices to heirs and beneficiaries promptly—failure to notify can lead to complications.
• Don’t move or spend estate assets until you receive official letters from the court (Letters Testamentary or Letters of Administration).
• Ask the court to waive bond if the will waives bond or if beneficiaries agree; this saves estate funds.
• If you need immediate authority, ask the court for temporary appointment or emergency relief.
• Keep detailed records of estate receipts, payments, and communications for accounting to beneficiaries and the court.
• When in doubt, consult a Wisconsin probate attorney—small errors early in probate can cause big delays or disputes.