Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under Wisconsin law, probate can proceed either by informal administration or by formal administration. Both processes settle a decedent’s estate, but they differ in complexity, court involvement and cost.
1. Informal Administration
- No court hearing is required unless an objection arises.
- The personal representative can begin acting immediately after letters are issued.
- Notice must be given to interested persons per Wis. Stat. §859.01 (docs.legis.wisconsin.gov/statutes/statutes/859.01).
- Creditors are notified but no formal claims hearing is held.
- Generally faster and less expensive than formal administration.
2. Formal Administration
- A court hearing is required to admit the will (if any) and appoint the personal representative.
- Notice must be published and sent to heirs and creditors, as prescribed in Wis. Stat. §859.40 (docs.legis.wisconsin.gov/statutes/statutes/859.40).
- The court supervises distribution, may require a bond, and resolves disputes.
- Typically used for complex estates or when contested issues arise.
- Costs and timelines are generally greater due to formal procedures and hearing fees.
3. When to Choose Which Process
Informal administration suits straightforward estates: no will contests, clear asset inventory, cooperative heirs and creditors. Formal administration is advisable when disputes are anticipated, complex assets exist (e.g., business interests or real estate in multiple jurisdictions), or litigation over creditors’ claims may occur.
Helpful Hints
- Review the value and complexity of assets before selecting a probate track.
- Check Wis. Stat. §859.01 for specific notice requirements in informal cases.
- Budget for court costs, publication fees and potential bond premiums in formal administration.
- Informal administration can convert to formal if objections arise.
- Consult an attorney early to determine the best approach for your estate.