Detailed Answer
Under Wisconsin law, a personal representative (sometimes called an executor or administrator) handles the decedent’s assets, pays liabilities, and distributes property. You appoint a personal representative by petitioning the probate court in the county where the decedent resided.
1. Determine the proper procedure
If the estate’s net value does not exceed $50,000 and contains no real estate, you may qualify for the small estate affidavit procedure. See Wis. Stat. § 865.201 (docs.legis.wisconsin.gov/statutes/statutes/865/201).
2. Filing a petition
Prepare and file a Petition for Issuance of Letters of Administration (no will) or Letters Testamentary (with a will). Include:
- Decedent’s name, date of death, and residence.
- Copy of the original will, if any.
- Your relationship to the decedent and your eligibility.
Statute: Wis. Stat. § 867.02 (docs.legis.wisconsin.gov/statutes/statutes/867/02).
3. Serving notice
Within 10 days of filing, serve notice on all heirs, devisees and beneficiaries, and publish notice to creditors. See Wis. Stat. § 867.13 (docs.legis.wisconsin.gov/statutes/statutes/867/13).
4. Court hearing
The court schedules a hearing no sooner than four days and no later than 20 days after service. At this hearing, the judge reviews the petition and any objections. See Wis. Stat. § 867.15 (docs.legis.wisconsin.gov/statutes/statutes/867/15).
5. Issuance of letters
If the court approves your petition, it issues Letters of Administration or Letters Testamentary. These letters grant you the authority to collect assets, pay debts, and distribute the estate according to the will or state law.
Timeline Overview
- Small estate affidavit: generally available 45 days after death.
- Standard probate: approximately 3–6 weeks from petition filing to issuance of letters.
- Creditors’ claim period: four months from issuance of letters.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance tailored to your situation.
Helpful Hints
- Download county-specific probate forms and instructions before you begin.
- Obtain the original will and multiple certified copies of the death certificate.
- Track service deadlines carefully to avoid delays.
- Create a detailed inventory of assets and liabilities.
- Consider hiring a probate attorney if the estate is large or contested.