Overview

If a parent died owning assets in Wisconsin and also owned property in another state, you will normally need to open probate in Wisconsin (the decedent’s domicile) and take additional steps to transfer or manage the out‑of‑state property. This article explains the typical steps under Wisconsin law, how ancillary proceedings work for property located elsewhere, what documents you’ll need, and when to get help. This is educational information only and not legal advice.

Key concepts you should understand

• Domicile: The state where the decedent was legally domiciled (usually where they lived and intended to remain) generally controls the main probate process.
• Personal representative (executor/administrator): The person appointed by the Wisconsin probate court to gather assets, pay debts, and distribute the estate.
• Ancillary probate: A secondary probate or transfer process in another state for assets located there (commonly real property).

Step‑by‑step: Typical process for a Wisconsin estate with out‑of‑state property

1. Confirm domicile, locate important documents, and secure the assets

Find the will (if any), death certificate, insurance policies, deeds, titles, account statements, and a list of likely creditors. Secure physical property and notify banks, social security, and other institutions as needed to prevent fraud or loss.

2. Determine whether probate in Wisconsin is necessary

Some assets pass outside probate (jointly held accounts, payable‑on‑death accounts, certain trusts). If most assets transfer automatically, a full probate may not be necessary. If probate is needed, the will (if any) should be filed in the circuit court in the county where the decedent was domiciled to begin administration.

3. Open probate in Wisconsin

To open probate you typically file the death certificate and the original will with the circuit court and petition to be appointed personal representative. The court issues letters testamentary (with a will) or letters of administration (intestate) that authorize you to act for the estate.

Use the Wisconsin Courts self‑help probate pages and local circuit court forms to start: Wisconsin Courts — Probate overview. General statutes and court rules are available from the Wisconsin Legislature: Wisconsin Statutes.

4. Inventory, value, and manage Wisconsin assets

Prepare an inventory of assets located in Wisconsin, have real estate appraised if necessary, collect cash and account balances, and make an accounting of debts and expenses. The personal representative must safeguard estate property and act in beneficiaries’ best interests.

5. Address creditors and pay valid claims

Follow Wisconsin procedures for notifying and settling creditor claims. Pay funeral and administrative expenses, taxes, and valid debts before distributions. Because creditor deadlines and procedures vary, follow the court’s directions and any notice requirements.

6. Handle the out‑of‑state real property (ancillary process)

Real property located in another state typically cannot be transferred by Wisconsin probate papers alone. You often must take one of these routes:

• Ancillary probate in the state where the property is located: File a certified copy of the Wisconsin letters and a petition in that state’s court to appoint an ancillary personal representative to transfer or sell the property.
• Use local transfer procedures if available: Some states allow transfer of title by affidavit or simplified procedure if the property value is small or ownership passes by right of survivorship. The availability and thresholds vary by state.
• Direct sale by the Wisconsin personal representative with local counsel: In some cases the local court will accept certified letters and a court order from Wisconsin authorizing sale; you will usually need to record documents and pay local transfer taxes or fees.

Because each state has its own rules, work with a local attorney in the state where the property sits to determine whether ancillary probate is required and to prepare the necessary filings.

7. Complete tax filings

File any required final income tax returns for the decedent and the estate, and determine whether estate or inheritance taxes apply in Wisconsin or in the other state. (Wisconsin currently has no state estate tax, but local or federal filing obligations may exist; check the Department of Revenue and the IRS.) For state information see: Wisconsin Department of Revenue and for federal rules see IRS.

8. Distribute assets and close the estate

After paying valid claims and taxes, distribute remaining assets according to the will or Wisconsin intestacy law if there is no will. File the required accountings and petitions to close the estate with the Wisconsin circuit court. Provide documentation to the ancillary court (if any) so out‑of‑state property is transferred consistent with the main administration.

When ancillary probate is likely required

• When the decedent owned real estate (land or a house) in a state other than Wisconsin.
• When local law requires a recognized personal representative or court order to transfer title of local property.

Personal property (bank accounts, securities) often can be transferred by the Wisconsin representative using certified letters, but the accepting procedure depends on the laws and practices of the other state and the institution holding the asset.

Common documents you will need

• Original will (if any) and codicils
• Certified death certificate
• Photo ID for the personal representative
• Account statements, deeds, vehicle titles, insurance policies, and tax returns
• List of beneficiaries and heirs with contact information
• Appraisals for high‑value assets (real estate, business interests, collectibles)
• Closing documents and certified court letters to use in ancillary filings

Typical timeline and costs (general guidance)

Probate timelines vary. Simple estates can complete in months; complicated estates or those requiring ancillary proceedings can take a year or more. Costs include court filing fees, appraisal fees, attorney fees (if you hire counsel), publication and mailing costs, and taxes. The personal representative should keep clear records of all estate expenses and receipts.

When to hire an attorney

Consider hiring an attorney if any of the following apply:

• Out‑of‑state real property requires ancillary probate
• The estate is complex (business ownership, extensive debt, tax issues)
• There are disputes among heirs or potential claims
• You are unfamiliar with probate duties or local court requirements

A local attorney in the state where the real property is located can often handle the ancillary filings more efficiently than trying to do them from Wisconsin.

Helpful links (Wisconsin resources)

• Wisconsin Courts — Probate overview and self‑help materials
• Wisconsin Statutes (laws and code)
• Wisconsin court forms (search probate forms)
• Wisconsin Department of Revenue

Helpful Hints

• Act quickly to secure assets and obtain multiple certified copies of the death certificate.
• Keep a detailed inventory and receipts for all estate transactions.
• If property sits in another state, contact a local attorney there early — ancillary requirements can delay a sale or transfer.
• Ask banks or title companies what documents they will accept from a Wisconsin personal representative; some institutions have standard forms.
• Communicate regularly with beneficiaries; transparency reduces disputes.
• Consider whether small‑estate or non‑probate transfer options apply — these can save time and cost.
• Retain all closing documents from ancillary proceedings; the Wisconsin court may require them to close the estate.

Final note and disclaimer

This article is meant to explain common steps under Wisconsin procedures for settling an estate that includes property located outside Wisconsin. It is not legal advice. Rules vary by county and by the state that holds the out‑of‑state property. For specific legal guidance tailored to the facts of your case, consult a licensed Wisconsin probate attorney and, if needed, counsel in the state where the other property is located.