Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Wisconsin attorney to address your specific situation.
Detailed Answer
When someone dies without a valid will in Wisconsin, their estate is “intestate.” The probate court then appoints a personal representative—commonly called an administrator—to gather assets, pay debts, and distribute property under Wisconsin’s intestacy statutes.
1. File a Petition for Letters of Administration
A potential heir must file a petition in the probate division of the circuit court in the county where the decedent resided. Under Wis. Stat. §859.01, the petition should identify the decedent, list heirs, and request appointment of an administrator. You can access the statute here: https://docs.legis.wisconsin.gov/statutes/statutes/859/01.
2. Establish Priority Among Heirs
Wisconsin law sets a strict order of preference for appointing administrators. Wis. Stat. §857.06 ranks eligible individuals in this order:
- Surviving spouse alone or with minor children
- All children
- Parents
- Siblings
- More distant relatives
- The Department of Health Services (if no private person qualifies)
Review the full list: https://docs.legis.wisconsin.gov/statutes/statutes/857/06. If multiple individuals in the same class petition, the court may consider factors like relationship quality and willingness to serve.
3. Provide Notice to Interested Parties
After filing, the petitioner must notify all heirs and creditors. Wisconsin courts typically require formal notice by mail or certified mail. This step ensures that others with a potential interest can object or submit competing petitions.
4. Post Bond and Obtain Letters
The court usually orders the administrator to post a bond to protect the estate. Wis. Stat. §859.21 details bond requirements: https://docs.legis.wisconsin.gov/statutes/statutes/859/21. Once the bond is approved and fees are paid, the court issues letters of administration. These letters grant the administrator authority to act on behalf of the estate.
5. Fulfill Duties of an Administrator
An administrator must inventory assets, settle debts, file tax returns, and distribute assets according to Wisconsin’s intestacy rules in Chapter 852. Failing to follow these duties can result in personal liability.
Helpful Hints
- Gather Death Certificate: Submit multiple certified copies when you file the petition.
- Conduct a Heir Search: Identify and locate all potential heirs before filing.
- Track Deadlines: Wisconsin law imposes deadlines for filing claims against the estate.
- Prepare for Bond Costs: Bond premiums vary based on estate value.
- Consult Court Forms: Many Wisconsin counties provide fillable forms online to simplify your petition.