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

Detailed Answer

Under Wisconsin law, a beneficiary can enforce timely distribution of his or her inheritance by following specific statutory procedures. The personal representative (also called the estate administrator) must satisfy all creditor claims and close estate administration before distributing the remaining assets to beneficiaries. Key steps include:

1. Understand the Administrator’s Duties

Wis. Stat. § 859.43 outlines the powers and duties of a personal representative, including collecting assets, paying valid debts, filing inventories and accountings, and distributing the residue to beneficiaries. If the administrator misses statutory deadlines or refuses to act, beneficiaries have recourse.

2. Request a Final Accounting

Under Wis. Stat. § 859.54, a beneficiary may demand the administrator file a final account with the probate court. This document details asset collection, expenses, and distributions. Request this in writing and reference the statute: https://docs.legis.wisconsin.gov/statutes/statutes/859/54.

3. File a Citation to Show Cause

If the administrator ignores the accounting request or fails to distribute after approval, a beneficiary may seek a citation under Wis. Stat. § 859.55 (https://docs.legis.wisconsin.gov/statutes/statutes/859/55). The court issues a citation ordering the administrator to appear at a hearing and explain the delay or refusal.

4. Petition the Court for Distribution

Beneficiaries can file a petition under Wis. Stat. § 859.09 (https://docs.legis.wisconsin.gov/statutes/statutes/859/09) asking the court to assist in estate administration. The court may compel the administrator to distribute assets according to the will or Wisconsin’s intestacy statutes.

5. Seek Remedies for Misconduct

If the administrator mismanages assets or breaches fiduciary duty, the court may impose surcharges or remove the administrator under Wis. Stat. § 859.41 (https://docs.legis.wisconsin.gov/statutes/statutes/859/41). A beneficiary can allege misconduct in the petition and request appropriate relief.

6. Attend the Hearing and Obtain an Order

At the scheduled hearing, present evidence of the administrator’s failure to act. If the court finds in your favor, it will issue an order directing distribution of your inheritance share. The order is enforceable through contempt proceedings if necessary.

Helpful Hints

• Document Communications: Send certified mail when requesting accountings or distributions.
• Observe Deadlines: Wisconsin law requires at least 4 months for creditor claims (Wis. Stat. § 862.03).
• Review Probate Records: Check court dockets for filed inventories, accountings, and notices.
• Prepare Evidence: Bring copies of the will, death certificate, inventory, and correspondence.
• Consider Mediation: Some counties offer probate mediation to resolve disputes without full litigation.
• Get Professional Help: Consult a probate attorney if the administrator remains unresponsive or you face complex issues.