Detailed Answer

Disclaimer: This is general information, not legal advice. For guidance specific to your situation, consult a qualified Wisconsin attorney or the county register in probate.

Overview — what generally must happen

When a person dies, someone must gather the decedent’s property, pay valid debts and taxes, and distribute what remains to the heirs or beneficiaries. In Wisconsin this process commonly goes through the probate court unless all property transfers outside probate (for example, payable-on-death accounts, jointly held property with rights of survivorship, or properly designated beneficiary designations).

Step 1 — Secure the estate and find key documents

• Obtain multiple certified copies of the death certificate from the funeral home or local vital records office.
• Locate the original will, any codicils, and trust documents if one exists.
• Collect financial documents: bank and investment statements, recent tax returns, insurance policies, mortgage and deed records, vehicle titles, and lists of monthly bills.
• Secure the decedent’s home, vehicles, jewelry, and other valuable personal property to prevent loss or theft.

Step 2 — Determine whether probate is necessary

Not every estate requires formal probate. Common non-probate transfers include:

• Assets with designated beneficiaries (retirement accounts, life insurance).
• Accounts held as joint tenants with right of survivorship.
• Payable-on-death (POD) or transfer-on-death (TOD) accounts and deeds, where valid under Wisconsin law.

If the remaining property must be collected under the decedent’s name alone, the estate may need formal administration in the county register in probate. For general guidance from the Wisconsin courts, see the probate page: Wisconsin Courts — Probate.

Step 3 — Open an estate or use a simplified procedure, if available

If probate is needed, a personal representative (called an executor in a will or an administrator if there is no will) must be appointed by the probate court. The person nominated in the will commonly serves as personal representative.

Wisconsin also has simpler procedures for smaller estates or specific assets. Check the Wisconsin statutes and the county register in probate for small-estate options and thresholds: Wisconsin Statutes. For local practical steps, contact the county Register in Probate.

Step 4 — Inventory, appraisal, and notification

• Prepare an inventory of estate assets and their values; the court may require a filed inventory.
• Publish or send notices to creditors as required by state law and court rules to give creditors an opportunity to present claims.
• Identify and notify beneficiaries and next of kin.

Step 5 — Pay debts, bills, and taxes

The personal representative uses estate funds to pay valid claims, funeral expenses, and taxes before distributions. Do not distribute assets to heirs until you are reasonably sure the estate’s debts and final taxes will be covered. Federal estate tax is rare; Wisconsin’s estate tax repealed in 2003, but final income tax returns and possible estate-level taxes or liens must still be addressed.

Step 6 — Distribute the estate

After debts and taxes are paid and the court approves distributions (when court supervision is required), distribute remaining assets according to the will. If there is no will, distribute under Wisconsin’s intestacy rules. The probate court or your attorney can explain the order of heirs under state law.

Step 7 — Close the estate

File any required final accounting and a petition to close the estate with the register in probate. Once the court approves, the personal representative is discharged and the estate is closed.

Timing and costs

Probate timelines vary. A straightforward estate can take a few months; complicated matters (real estate sales, contested claims, tax issues) often take a year or more. Costs include court fees, accounting or appraisal fees, attorney fees, and possible bond premiums. Some fees are set by statute or local rules; others are billed hourly by attorneys.

Where to find official rules and forms

• Wisconsin Courts — Probate information and local register-in-probate contacts: https://www.wicourts.gov/services/public/probate/index.htm
• Wisconsin Statutes (search probate, wills, administration): https://docs.legis.wisconsin.gov/statutes
• State Bar of Wisconsin — find an attorney or lawyer referral: https://www.wisbar.org

When to hire an attorney

Consider getting legal help if any of the following apply:

• The estate includes real estate, a business, or complex investments.
• There is a dispute among heirs or beneficiaries.
• There are large debts, potential creditor claims, or tax concerns.
• The will is contested or missing.
• You are asked to serve as personal representative and are unfamiliar with the duties.

Helpful Hints

• Get at least 6–12 certified death certificates early; institutions often require originals.
• Do not distribute assets until you understand creditor-notice requirements and have funds to pay likely claims.
• If you are named personal representative, keep clear, dated records of every transaction and communication.
• Contact banks, investment firms, Social Security, Medicare, and insurance carriers promptly to report the death and learn about benefits and suspensions.
• Ask the county register in probate for local forms and fee schedules; many counties post checklists online.
• Consider obtaining a probate checklist from the State Bar of Wisconsin or a local legal aid clinic for low-cost help.
• Keep heirs informed; clear communication reduces misunderstanding and disputes.

If you want, provide the county where the decedent lived and any basic facts about assets (real estate, bank accounts, whether there is a will) and I can outline the likely practical next steps and local contacts to reach out to.