Detailed Answer — Step-by-step guide under Wisconsin law

Below are the common steps to be appointed by a Wisconsin circuit court as an estate administrator (also called a personal representative) or as a co-administrator. This guide assumes you start with no legal background and summarizes the routine process. For statute-level authority on administration of estates, see Wisconsin Statutes, Chapter 857: https://docs.legis.wisconsin.gov/statutes/statutes/857. For court forms and self-help materials, see the Wisconsin Court System probate pages: https://www.wicourts.gov/services/public/selfhelp/estate/index.htm.

1. 1. Determine whether appointment is needed and who has priority

   If the decedent left a valid will that names an executor, the named executor generally has first priority to be appointed. If there is no will (intestate) or the named executor cannot serve, Wisconsin law allows the court to appoint an administrator. The court gives priority to certain relatives (commonly a surviving spouse, adult children, parents, siblings, etc.). If you are an interested person, you may petition. If you want details about priorities and who qualifies as an interested person, review Chapter 857 and related probate statutes: Wis. Stat. ch. 857.

2. 2. Gather required documents and information

   Common items you will need:

   • Original will (if one exists).
   • Certified copy of the death certificate.
   • Basic inventory of the decedent’s assets (bank accounts, real estate, vehicles, life insurance, safe-deposit boxes, etc.).
   • Names and contact information for heirs and other interested persons.
   • Social Security number for decedent (for tax matters).

3. 3. File a petition with the circuit court in the county where the decedent lived

   You must file a petition for appointment (often called a petition for letters of administration or petition for probate) at the county circuit court clerk’s office where the decedent was domiciled. The petition asks the court to appoint you as administrator or co-administrator and will usually require:

   • The petitioner’s relationship to the decedent and contact information.
   • Whether a will exists and a copy of the will, if applicable.
   • A statement of the decedent’s heirs and beneficiaries (to the extent known).
   • A request for bond or waiver of bond (if the will waives bond, or interested persons consent, the court may waive a bond).

   Check local filing requirements and fees with your county circuit court clerk. The Wisconsin Courts website provides probate filing guidance and links to forms: https://www.wicourts.gov/forms1/circuit/index.jsp.

4. 4. Serve or give notice to interested persons

   After the petition is filed, Wisconsin procedure requires notice to interested persons (heirs, beneficiaries, creditors in some circumstances). The court will advise who must be notified and how. Interested persons have an opportunity to object to the appointment if they have grounds.

5. 5. Bond, oath, and letters of administration

   If the court approves the petition, the court will require you to take an oath and, unless waived, obtain a fiduciary bond (surety bond) to protect the estate. After these requirements are satisfied, the court issues letters of administration (sometimes called letters testamentary if under a will), which prove your authority to act for the estate.

6. 6. Co-administrators and joint appointments

   Wisconsin courts may appoint more than one personal representative when appropriate. Co-administrators can be named in the will, or the petition can request multiple administrators. Be explicit in your petition if you request co-administration and explain why joint appointment is reasonable. The court will consider whether joint administration is practical and whether co-administrators can act cooperatively to carry out duties. If co-administrators disagree, the court can intervene.

7. 7. Perform fiduciary duties: inventory, manage assets, pay debts, distribute

   After appointment you must follow statutory duties: inventory estate property, preserve estate assets, notify creditors (if required), pay valid debts and taxes, and distribute remaining assets to heirs or beneficiaries according to the will or intestacy rules. You may need to file periodic accountings and a final accounting with the court. For statutory guidance on administration duties, see Wisconsin statutes relating to administration in Chapter 857: https://docs.legis.wisconsin.gov/statutes/statutes/857.

8. 8. Closing the estate

   Once debts, taxes, and administrative expenses are paid and the assets distributed, you will file a final accounting or petition for discharge to close the estate and be released from liability. The court then discharges the personal representative.

9. 9. If someone contests your appointment

   Interested persons may object to your appointment. Common grounds include a superior priority claimant, concerns about your fitness, or allegations of misconduct. If the appointment is contested, the court may hold a hearing and resolve the dispute. Consider consulting a Wisconsin probate attorney if a contest is likely.

Timing: An uncontested appointment can sometimes be completed in a few weeks, depending on court schedules, the need for bond, and notice periods. Contested matters take longer. Small estates may qualify for simplified procedures — check with the court’s self-help resources: Wisconsin Courts — Estate & Probate Self-Help.

Helpful Hints

• Bring several certified copies of the death certificate when you file; banks and other institutions typically require certified copies.
• Locate and bring the original will. If you cannot find it, tell the clerk and explain efforts to locate it.
• Contact the county circuit court clerk in the decedent’s county for local filing fees, required forms, and scheduling details.
• Ask whether the will waives bond. A will can waive the requirement for a surety bond, or heirs may agree to waive bond.
• Consider obtaining an Employer Identification Number (EIN) for the estate from the IRS for tax reporting: IRS — Apply for an EIN.
• Keep detailed records and separate estate funds from your personal funds. Good recordkeeping protects you and simplifies accountings.
• If the estate is small, research simplified or small-estate procedures on the Wisconsin Courts self-help pages to see if you qualify for an affidavit or expedited process.
• If you anticipate disputes (family conflict, large debts, unclear will), consult a probate attorney early to reduce risk and delay.
• If you prefer not to serve or are unable to serve, decline in writing to the court so the court can appoint another qualified person.