Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Wisconsin, opening probate begins with filing a petition in the circuit court of the county where the decedent was domiciled at the time of death.
1. Determine Jurisdiction
File in the circuit court for the county where the decedent last lived. See Wis. Stat. § 851.02: docs.legis.wisconsin.gov/statutes/statutes/851/II/02.
2. Identify Interested Parties
“Interested parties” include surviving spouses, heirs, beneficiaries, and creditors. Refer to Wis. Stat. § 861.01: docs.legis.wisconsin.gov/statutes/statutes/861/01.
3. Prepare and File the Petition
- Obtain and complete a petition for administration or probate of a will.
- Attach a certified death certificate.
- File the petition with the clerk of circuit court and pay the filing fee.
4. Notice to Interested Persons
Within 30 days of filing, deliver notice to all interested parties, including heirs and known creditors. See Wis. Stat. § 851.04: docs.legis.wisconsin.gov/statutes/statutes/851/IV/04.
5. Court Hearing and Appointment
- The court reviews the petition and any objections.
- At the hearing, the court appoints a personal representative (administrator or executor).
- The court issues letters of administration or letters testamentary under Wis. Stat. § 861.07: docs.legis.wisconsin.gov/statutes/statutes/861/07.
6. Ongoing Responsibilities
The personal representative must inventory assets, notify creditors, pay debts, file tax returns, and distribute property according to the will or Wisconsin’s intestacy rules (Wis. Stat. ch. 852).
Helpful Hints
- Consult the court clerk early to confirm filing requirements and fees.
- Gather a certified copy of the death certificate before starting.
- List all known assets and creditors to avoid delays.
- Keep detailed records of notices, inventories, and expenditures.
- Consider consulting a probate attorney if the estate is complex or contested.