How to Notify Heirs When You Open a Probate Estate in Wisconsin

Short answer: When you open a probate estate in Wisconsin you must identify and give timely notice to all “interested persons” — typically the decedent’s heirs and devisees, the personal representative (if appointed), and certain creditors. You must mail written notice to known interested persons and follow local court rules about publishing notice for unknown or unlocatable heirs. You must also file proof that you gave the required notices with the court.

Detailed answer: What notices Wisconsin probate typically requires

Probate in Wisconsin begins when someone files a petition or application with the circuit court. Which notices you must send depends on the type of filing (probate of a will, informal administration, formal administration) and who is known to the petitioner. In practice, the following categories of notice are commonly required:

• Notice to heirs and devisees (interested persons): You must notify all persons who have a legal interest in the estate — this includes heirs at law (if there is no will) and devisees named in a will. The notice tells them that a petition has been filed, explains the nature of the proceeding, and advises them how to appear or object. If a will is being offered for probate, devisees should receive notice.
• Notice of appointment of personal representative (executor/administrator): When the court appoints a personal representative, the representative (or the petitioner seeking appointment) must provide notice of that appointment and of the representative’s authority to act. This helps heirs and interested persons know who is handling the estate and how to contact that person.
• Notice to creditors: Wisconsin has procedures for notifying creditors so they can file claims against the estate. Notice to known creditors typically requires mailing a statement. In addition, courts or statute often require publishing a notice to unknown creditors in a local newspaper. Creditors have a limited time to file claims once proper notice occurs.
• Notice of hearing (if there is a hearing): If the court schedules a hearing on the petition (for example, a hearing on the admission of a will or appointment of a personal representative), you must send the notice of hearing to interested persons within the timeframe the court or statute requires.

Who counts as an “interested person”?

Generally speaking, an interested person includes those who would inherit under the will or under Wisconsin’s intestacy rules, the surviving spouse, beneficiaries named in the will, and anyone with a possible claim (for example, a named creditor). If you are unsure who qualifies, the court’s rules and probate forms list “interested persons” and the probate clerk can point to the local practice.

How you must deliver notice

• Mail: For known heirs, devisees and creditors, send written notice by first-class mail to each person’s last known address. Certified or registered mail and/or return receipts can be helpful evidence of delivery.
• Personal service: In some circumstances (or by court order), you may need to serve someone in person according to court rules.
• Publication: If an heir or creditor cannot be located after reasonable search, most Wisconsin courts require publication of notice in the county newspaper to reach unknown or unlocatable interested persons and creditors.
• Filing proof: After mailing or publishing notice you must file an affidavit or other proof of service or publication with the court so the record shows that notice occurred.

Common timelines and court rules

Exact timing requirements and how many days before a hearing you must provide notice can vary depending on the type of proceeding and local court rules. Because those deadlines matter, check the Wisconsin statutes and the local circuit court’s probate rules or the probate clerk. The Wisconsin statutes and the Wisconsin Court System provide official forms and guidance for notice, service, and publication procedures:

• Wisconsin Statutes (searchable index): https://docs.legis.wisconsin.gov/statutes/
• Wisconsin Court System — probate forms and instructions (probate chapter forms): https://www.wicourts.gov/forms1/circuit/index.jsp?chapter=PR

What to include in each notice

Each written notice should contain at least:

• The name of the decedent and the case number if available
• A short description of the filing (probate of will, petition for administration, etc.)
• The name and contact information of the petitioner or proposed personal representative
• The date, time, and place of any scheduled hearing (if one is set)
• A statement of the recipient’s right to appear, object, or file a claim
• Instructions on how to file papers with the court and where to send responses

Consequences of failing to give proper notice

If you fail to give required notice, the court can delay proceeding, require additional notice, or, in some cases, void actions taken by the personal representative that were taken without proper notice. Failing to publish notice to unknown creditors can extend or restart creditor claim periods. To avoid delays or disputes, follow the court’s notice rules carefully and keep proof of mailing and publication.

Helpful hints

• Start by compiling a complete list of potential heirs (spouse, children, parents, siblings, grandchildren) and all known creditors. Ask family members for contact information.
• Use the probate forms on the Wisconsin Court System site to prepare notices that conform to court expectations: https://www.wicourts.gov/forms1/circuit/index.jsp?chapter=PR.
• Keep copies of every mailed notice, proof of mailing, and the affidavit of publication. File the proof promptly with the court.
• If you cannot find an heir after a thorough search, document the search steps (internet searches, mail forwarding, last-known addresses, contacting relatives) and follow the court’s rules for publication.
• When in doubt about timing or who must receive notice, contact the probate clerk at the circuit court where the decedent lived. Local clerks can confirm procedural requirements and point you to local forms and deadlines.
• Consider using certified mail or requiring a signed receipt for mailed notices when possible to create clear proof of delivery.
• If the estate is complex or contested, consider consulting a probate attorney early to avoid missed notice requirements or procedural mistakes that can cause expensive delays.

Where to find official rules and forms

For the authoritative legal text, search the Wisconsin Statutes at https://docs.legis.wisconsin.gov/statutes/. For user-friendly instructions and downloadable probate forms, see the Wisconsin Court System probate forms page: https://www.wicourts.gov/forms1/circuit/index.jsp?chapter=PR.

Final note and disclaimer

This article explains common notice practices used in Wisconsin probate, but it is not legal advice. Probate procedures depend on the facts of each estate and on local court rules. If you need help identifying heirs, locating addresses, or preparing and filing notices, talk with a Wisconsin probate attorney or contact the clerk of the circuit court where the decedent lived.