Detailed Answer

When you believe probate filings in your father’s estate are missing or incorrect, your goal is to (1) confirm what was filed, (2) identify the specific problems, and (3) use the court’s processes to get the record corrected or to require the personal representative (executor) to act. Below are the practical steps to follow in Wisconsin.

1) Confirm whether probate was opened and get the case number

– Search the official statewide case lookup: Wisconsin Circuit Court Access (WCCA) at https://wcca.wicourts.gov/. You can search by decedent name and county to find the probate case and case number.
– If you cannot find the matter online, call or visit the clerk of circuit court in the county where your father lived when he died. The clerk can confirm whether a probate case exists and provide the case number and filing list.

2) Obtain certified copies of all probate filings

– Ask the circuit court clerk for certified or uncertified copies of the docket and all filed documents: the petition for probate, the will (if probated), letters (letters testamentary or letters of administration), inventory, accountings, orders, notices, and any creditor claims or responses. Expect small copying or certification fees.
– You can also download some documents from WCCA if the court has them available online.

3) Review the documents and identify missing or incorrect items

Key items to check:

• Is the will admitted to probate? Is the version on file the correct final will?
• Have letters been issued naming a personal representative?
• Was notice to interested persons and to creditors properly given?
• Were required inventories or accountings filed (if applicable)?
• Are there obvious clerical errors (wrong names, missing assets, incorrect dates) or substantive problems (missing assets, undisclosed transactions, suspected self-dealing)?

4) Try to resolve the issue informally first

– Send a written, dated request to the personal representative asking for the missing filing or a corrected document and a deadline for response. Send the letter by certified mail or another trackable method and keep copies.
– Request a written accounting if you suspect assets were omitted. Many problems resolve after a formal demand and production of the relevant records.

5) Use court procedures if informal requests fail

If the personal representative does not provide the requested documents or correct filings, you can ask the probate court to intervene. Common court remedies in Wisconsin include:

• Petition for an accounting or to compel the personal representative to file an inventory or account.
• Motion to correct clerical errors in filings or to amend a filed pleading if the error is simple and undisputed.
• Petition to reopen the estate or to set aside a probate order if there is reason to believe the probate process was defective (e.g., fraud, mistake, or newly discovered evidence).
• Petition to remove or surcharge the personal representative for breach of fiduciary duty where there is misconduct, self-dealing, or failure to administer in a timely or honest manner.
• If a will appears missing or incorrect, a will contest or a petition to determine the validity/authenticity of a will may be appropriate—but statutory time limits and procedural rules apply.

To start any of the above, you generally file a written petition or motion in the probate case (using the case number) asking the judge to order relief and explaining the facts and the law supporting your request. The clerk can advise on filing procedures and fees. The Wisconsin Courts self-help probate pages explain common probate forms and procedures: Wisconsin Courts — Probate and Decedent’s Estates.

6) Preserve evidence and act promptly

– Save bank statements, account information, emails, appraisals, property deeds, titles, and any correspondence with the personal representative. These can support a petition to the court.
– There are deadlines for many probate-related actions. Do not delay contacting the court or an attorney if you believe filings are missing or improper.

7) Consider legal representation

– Probate disputes can turn on procedural rules and strict deadlines. An attorney experienced in Wisconsin probate practice can advise on the right petition or motion, prepare pleadings, and represent you in hearings. You can find resources and local forms through the Wisconsin Courts site and through the clerk’s office.

Key Wisconsin legal resources

• Wisconsin Circuit Court Access (WCCA) — search probate cases and dockets: https://wcca.wicourts.gov/.
• Wisconsin Courts self-help pages for estates and probate: https://www.wicourts.gov/services/public/selfhelp/estate/index.htm.
• Official Wisconsin Statutes (search, read statutes relevant to wills, administration, and fiduciary duties): https://docs.legis.wisconsin.gov/statutes/. Use the statutes search to locate provisions on probate, inventories, accountings, and removal of personal representatives.

Practical Step-by-Step Example (Hypothetical)

Suppose your father’s will was admitted but the inventory filed by the personal representative omitted a bank account you learned about. Here is a concise plan of action:

1. Search WCCA for the probate case and obtain the case number.
2. Request certified copies of the petition, will, letters, inventory, and any accountings from the county clerk.
3. Send a written demand to the personal representative asking that the omitted account be disclosed and the inventory amended within a set number of days. Keep proof of delivery.
4. If no satisfactory response, file a petition in the probate case asking the court to order the personal representative to amend the inventory and to provide an accounting for the period during which the funds were unreported.
5. If you believe there was intentional concealment or misuse, ask the court for an expedited hearing and consider asking for removal and surcharge of the personal representative.

Helpful Hints

• Start by locating the probate case on WCCA: that one search often answers many questions.
• Keep all requests and communications in writing so you have proof of what was requested and when.
• Get certified copies of pleadings and orders. Courts and third parties often require certified copies for banking or title work.
• Collect supporting documents before filing in court: bank statements, deeds, email records, and any evidence of improper transactions.
• Contact the circuit court clerk early. Clerks can explain filing procedures, fee schedules, and whether forms exist that will help you.
• Act quickly: many probate disputes have time limits or windows for contesting admissions of wills or filing objections to accountings.
• If the personal representative is unresponsive or appears to have breached duties, consider seeking legal counsel experienced in Wisconsin probate litigation.
• Use official Wisconsin resources: WCCA for case lookups and Wisconsin Courts’ self-help pages for forms, instructions, and basic guidance.