How to Request an Extension for Filing a Final Accounting in Wisconsin Probate

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

Under Wisconsin law, a personal representative must file a final accounting or statement of proposed distribution before closing an estate. See Wis. Stat. § 859.23. If you cannot meet the deadline, you may ask the probate court for extra time.

Generally, you request an extension by filing a petition in the probate division of the circuit court where the estate is pending. The court may extend the deadline for “good cause shown” under the general extension statute. See Wis. Stat. § 801.15. Good cause could include ongoing asset sales, delays in obtaining valuations, or complex tax issues.

Steps to Request an Extension

1. Check your deadline. Review the date the court set for filing your final accounting or statement of distribution.
2. Draft a Petition for Extension. Include:
   • The estate’s case number and decedent’s name.
   • The existing filing deadline.
   • A clear statement of why you need more time (e.g., outstanding transactions, appraisal delays).
   • The length of extension you seek (commonly 30–60 days).
3. Serve interested persons. Provide a copy of your petition to beneficiaries and creditors as required by Wis. Stat. § 859.23 and any local court rules.
4. File with the clerk. Submit your petition, proof of service, and proposed order to the probate clerk’s office.
5. Attend the hearing if scheduled. Some courts grant extensions on written submissions; others require a short hearing.
6. Obtain the signed order. If the judge signs your proposed order, note the new deadline and calendar it immediately.

Helpful Hints

• File your extension petition at least 10 business days before the deadline to allow for service and court processing.
• Be specific about your reasons—courts favor concrete, documented delays over vague requests.
• Include a proposed order formatted per local rule so the judge can sign without revisions.
• Confirm whether your county has a standard form; check the circuit court’s probate forms page at wicourts.gov.
• Keep beneficiaries informed—timely communication helps avoid objections and delays.