Detailed Answer
Venue in Wisconsin probate is governed by Wis. Stat. §851.01. You must file a petition for opening a decedent’s estate in the circuit court of:
- the county where the decedent was domiciled at death (Wis. Stat. §851.01(1)); or
- if the decedent lacked a Wisconsin domicile, the county containing the decedent’s tangible property or real estate (Wis. Stat. §851.01(1m)).
If a nonresident decedent left property in Wisconsin, you open an ancillary administration in the county where most property lies (Wis. Stat. §859.01).
For small estates, you may use the summary procedure when personal property totals $50,000 or less (Wis. Stat. §859.05).
Transferring (Change of Venue)
To transfer a probate proceeding to a different county, file a motion under Wis. Stat. §751.03 (Wis. Stat. §751.03). The court evaluates convenience of parties and witnesses and the interests of justice. After entry of a transfer order, the clerk forwards the case file to the receiving county’s circuit court.
Example: If Jane Doe died domiciled in Waukesha County but owned farmland in Green County, you normally open in Waukesha County. For convenience, an interested person may request a transfer to Green County under Wis. Stat. §751.03.
Helpful Hints
- Confirm decedent’s domicile by reviewing their last tax return, driver’s license, or voter registration.
- Identify locations of real estate via the county register of deeds.
- Inventory intangible assets (bank accounts) to determine ancillary venue.
- Use Wisconsin court-approved forms available on the Wisconsin Court System website.
- Review local circuit court rules for additional venue procedures.
- Consult a probate attorney for complex or multi-jurisdictional estates.
Disclaimer: This article is for educational purposes only and does not constitute legal advice.