Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
When you begin estate administration in Wisconsin, gathering the right documents and certificates helps you navigate the probate process efficiently. Under Wisconsin law, representatives must file the original will and certain certificates to open an estate. Key items include:
- Original Will and Codicils: File the decedent’s original will and any codicils with the probate court in the county where the decedent resided. Wis. Stat. § 857.08(1) requires you to present the will for probate. Wis. Stat. § 857.08.
- Certified Death Certificate: Obtain multiple certified copies of the death certificate from the local vital records office. Wisconsin Statutes require a certified copy to prove death to banks, government agencies, and insurers. See Wis. Stat. § 69.05.
- List of Heirs and Beneficiaries: Prepare a list of next of kin and named beneficiaries. You’ll need names, addresses, and relationships to the decedent to complete the probate paperwork (Form PR-1500).
- Property Deeds and Titles: Collect deeds to real estate and titles for vehicles, boats, or other titled property. These documents confirm the decedent’s ownership and help you identify assets.
- Financial Account Statements: Gather recent statements for bank accounts, investment accounts, retirement plans, and life insurance policies. These records establish the estate’s assets and may determine bond requirements under Wis. Stat. § 859.02. Wis. Stat. § 859.02.
- Credit Card and Loan Information: List outstanding debts, mortgages, and credit card accounts. Knowing liabilities early helps you prioritize payments and avoid creditor disputes.
- Tax Returns: Obtain the decedent’s federal and state income tax returns for the past three to five years. The estate may need to file Wisconsin Form 2 (estate tax return) if the estate exceeds the exemption threshold. Wisconsin Form 2 Instructions.
- Trust Documents (if applicable): If the decedent created a trust, gather the trust agreement, amendments, and trustee appointment documents. Trust assets often pass outside probate but still require inventory and reporting.
Once you have these documents, complete the Wisconsin probate forms (PR-1500, PR-1600, PR-1650, and PR-1700 series) and submit them to the county probate court. The court will issue letters of administration or letters testamentary, granting you authority to act on behalf of the estate. See Wisconsin Probate Forms.
Helpful Hints
- Order at least 10 certified death certificates to cover banks, government agencies, and insurers.
- Keep digital and physical copies of all documents organized in a single binder or folder.
- Contact financial institutions early to learn their probate requirements and avoid delays.
- Review the decedent’s safe deposit boxes with the court’s permission to locate additional documents.
- Consult IRS Publication 559 for federal estate tax guidance, if the estate’s value exceeds federal thresholds.