Detailed Answer: What to do if your mother died without a will in Wisconsin
When a person dies without a valid will, Wisconsin law calls that dying “intestate.” Intestate rules determine who inherits and how the estate is handled. This section gives a clear, step-by-step explanation of how you can claim your share of your mother’s estate under Wisconsin law and what to expect in the process.
1. Confirm that there is no valid will
If there is no signed, valid will, the estate is intestate. If someone claims they have a will, the probate court will need the original to determine validity. If you find a document, bring it to the probate court or an attorney for review.
2. Learn who inherits under Wisconsin intestacy law
Wisconsin law sets a statutory order of heirs (spouse, children, grandchildren, parents, siblings, etc.). The law determines which relatives inherit and in what order. For the precise order and rules about representation, see Wisconsin’s intestacy statutes: Wis. Stat. ch. 852 (Intestate succession).
3. Determine whether probate is required or a simpler method will work
Not all assets pass through probate. Assets with joint ownership or named beneficiaries (life insurance, retirement accounts, payable-on-death accounts) typically pass outside probate. If remaining probate assets are small, Wisconsin has simplified procedures (small-estate or summary administration) that let heirs collect assets without a full probate. See the statutes and court self-help pages on probate and small estates: Wis. Stat. ch. 859 (Summary and small estate procedures) and the Wisconsin Courts self-help probate pages: wicourts.gov – Estates and probate.
4. If probate is needed: open an estate and get appointed as personal representative (administrator)
To start probate, file a petition with the circuit court in the county where your mother lived. The court will appoint a personal representative (sometimes called an administrator) to manage estate administration if there is no executor named by a will. The representative collects assets, pays creditors and taxes, and distributes the remainder to heirs following intestacy law. For the court procedures, forms, and filing requirements, see: Wis. Stat. ch. 857 (Administration of decedent’s estate) and local court self-help pages.
5. How you actually claim your share
- If you are appointed the personal representative, you have the legal authority to collect assets, pay debts, and distribute the estate according to intestacy law. You will give heirs formal notice and then distribute their shares.
- If someone else is appointed administrator, that person will notify heirs and distribute shares. You will need to respond to the court notices and provide any documentation that proves your relationship (birth certificates, marriage certificates, etc.). If you believe the administrator is not following the law, you can object to the court.
- If the estate qualifies for small-estate procedures, you may be able to collect certain assets directly by signing an affidavit or using a summary procedure, rather than opening full probate. Check the statutes and court forms for eligibility and process.
- If an asset is titled in your mother’s name alone but a bank refuses to release it, present the court appointment or applicable small-estate affidavit to the bank. If the bank still refuses, you may need the court to order release.
6. Documents and information you will need
Gather key documents to support claims and to help administer the estate:
- Certified copy of the death certificate
- Proof of your relationship (birth certificate, adoption records, marriage certificates)
- Account statements, deeds, titles, and beneficiary designations
- Records of debts and bills (mortgage, credit cards, medical bills)
- Funeral bills
- Any known insurance policies or retirement plans
7. Timing, notices, and creditor claims
After the court appoints a personal representative, the estate must provide notice to creditors and heirs and allow time for claims. The representative typically inventories assets, pays valid debts and taxes, and then distributes the remainder to heirs. Deadlines and notice requirements are set by statute and court rules; consult the probate statutes and local court clerk for timelines.
8. If there is a dispute or someone contests the heirship
If there is a disagreement about who is an heir, or if someone claims there was a valid will, the probate court resolves the dispute. You will receive notice and an opportunity to participate. If necessary, consider hiring an attorney to represent you in contest or probate litigation.
9. When to hire an attorney
Consider hiring an attorney if the estate is complex, if there are significant assets, if multiple heirs dispute the distribution, if creditors are numerous, or if tax or business issues exist. An attorney can explain strategy, court filings, and help protect your rights as an heir.
Key Wisconsin statutes and resources
- Intestate succession rules: Wis. Stat. ch. 852
- Administration and probate procedure: Wis. Stat. ch. 857
- Summary and small estate procedures: Wis. Stat. ch. 859
- Practical forms and self-help: Wisconsin Courts – Estates & Probate
Bottom line: To claim your share you must first determine whether probate is necessary. If the estate is small or assets pass outside probate, you may collect without a full court process. When probate is required, the court will appoint a personal representative who will handle the estate and distribute assets according to Wisconsin’s intestacy laws. Gather documents that prove your relationship and the decedent’s assets, respond promptly to court notices, and consider legal assistance if the estate is complex or contested.
Disclaimer: This article explains general Wisconsin probate and intestacy concepts for educational purposes only. It is not legal advice. For advice about a particular situation, contact a qualified Wisconsin attorney.
Helpful Hints
- Immediately order several certified death certificates from the funeral home or county vital records office—many institutions require originals.
- Check beneficiary designations and joint ownership first—those assets often avoid probate.
- Contact the county probate court clerk where your mother lived for local forms and filing requirements.
- If you think the estate is small, ask the court clerk about small-estate affidavits or summary administration to avoid full probate.
- Keep detailed records of any payments you make for estate expenses; the estate may reimburse you if you advance funds.
- Respond quickly to probate notices and creditor deadlines—missing deadlines can affect your rights.
- If family relations are strained, document communications in writing and consider legal help to avoid disputes escalating into costly litigation.
- Ask potential attorneys about flat fees for uncontested probate and likely costs if the matter becomes contested.