Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney to address your situation.
Detailed Answer
When a person dies in Wisconsin, their estate often goes through probate. Probate lets the court supervise the distribution of assets and the payment of debts. Below are the main steps to file probate court documents and publish creditor notices in Wisconsin.
1. Prepare and File the Petition
The personal representative must file a petition with the circuit court in the county where the decedent lived. Include the original will (if any) and a certified death certificate. See Wis. Stat. § 851.02 for petition requirements: https://docs.legis.wisconsin.gov/statutes/statutes/851/02
2. Serve Notice on Known Creditors
Within five days after appointment, mail a copy of the notice to each known creditor by first-class mail. This informs them of the probate and gives them an opportunity to file claims. See Wis. Stat. § 853.03(2): https://docs.legis.wisconsin.gov/statutes/statutes/853/03
3. Publish Notice in a Local Newspaper
Publish the notice at least once a week for two successive weeks in a newspaper that qualifies under Wis. Stat. § 853.03(1). After publication, file proof of publication with the court clerk.
4. Monitor the Claim Deadline
Creditors have either 60 days after the first publication of notice or four months after mailing—whichever is later—to present claims. Claims not filed in time are barred. See Wis. Stat. § 853.03(1).
Helpful Hints
- Verify the exact filing fee with the county clerk’s office.
- Keep organized records and copies of all filed documents and notices.
- Confirm your chosen newspaper meets county publication requirements.
- Set reminders for the creditor claim deadline.
- Seek legal advice for complex or high-value estates.