Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Wisconsin attorney for guidance on your specific circumstances.
Detailed Answer
Under Wisconsin law, heirs may petition the circuit court to reopen a closed probate estate when previously undiscovered assets or errors arise. The governing statute is Wis. Stat. § 859.45, which grants courts authority to correct, modify, vacate, or reopen estate proceedings to prevent fraud or remedy mistake, inadvertence, surprise, or excusable neglect. (Wis. Stat. § 859.45).
Here’s how heirs typically proceed:
- Identify the Unclaimed Asset. Locate the forgotten bank account, real property, life insurance benefit, or other asset that was not administered in the original probate.
- Gather Supporting Documentation. Obtain death certificate, original probate court file number, letters testamentary or letters of administration, and proof of heirship (e.g., will, family tree, or affidavit of heir).
- Prepare the Petition to Reopen. File a written petition in the same county circuit court that handled the estate. The petition should:
- State the estate case number and date of closing.
- Describe the newly discovered asset or error.
- Cite Wis. Stat. § 859.45 as authority for reopening.
- Explain why the asset was not included originally (e.g., overlooked bank statement, misfiled property deed).
- List all interested persons including heirs, devisees, and creditors known to you.
- Serve Notice. Under Wis. Stat. § 859.20, serve a copy of the petition on all interested persons and the personal representative (if still acting). Allow at least 14 days for objection.
- Pay Fees and File. Submit the filing fee to the clerk of circuit court and file the petition. Fees vary by county; check local fee schedules.
- Attend the Hearing. The court will schedule a hearing. Present evidence supporting reopening: testimony, bank statements, deeds, or policy contracts. Heirs must demonstrate due diligence in discovering the asset.
- Obtain an Order Reopening the Estate. If the court finds merit, it will issue an order reopening the estate. The court may require an amended inventory, order of distribution, or additional notice to creditors.
- Administer the Asset. Once reopened, follow standard probate procedures to transfer the asset: inventory, pay any outstanding claims or taxes, and distribute the remainder to heirs.
Helpful Hints
- File as soon as you learn about the asset; delays may harm your position.
- Double-check the original probate case number to avoid filing in the wrong court.
- Keep detailed records of communications with banks or insurance companies to prove due diligence.
- Be ready to explain why the asset was not discovered earlier; courts look for excusable neglect.
- Consider consulting a probate attorney to draft and review court documents.
- Notify all heirs and creditors to avoid future challenges or disputes.