How a Next of Kin Can Qualify to Be Appointed Estate Administrator in Wisconsin

This FAQ-style article explains, in plain language, how a next of kin can qualify to be appointed as the estate administrator (also called a personal representative or administrator) under Wisconsin law. This is educational information only and not legal advice. For law-specific text, see the Wisconsin statutes and the Wisconsin Courts probate help pages linked below.

Detailed Answer

What the court is doing when it appoints an administrator

When someone dies without naming an executor in a valid will, or when no named executor can or will serve, a probate court appoints an administrator to collect the deceased person’s assets, pay debts and taxes, and distribute the estate to heirs. The court usually gives appointment priority to certain relatives (next of kin) in a statutory order.

Who has priority to be appointed?

Wisconsin law follows a statutory order of preference for appointing a personal representative. In practice the priority works like this (typical order):

• Surviving spouse (if any).
• Children of the decedent (adult children usually have priority over minor children’s guardians).
• Descendants of deceased children (grandchildren, etc.).
• Parents of the decedent.
• Siblings of the decedent.
• More remote next of kin (nieces and nephews, grandparents, aunts/uncles).
• If no qualified next of kin will serve, a creditor or other qualified person may be appointed.

Exact priority and terminology come from Wisconsin statutory law and local court rules. See the Wisconsin Courts probate pages and the Wisconsin statutes for the specific statutory language.

Basic qualifications a next of kin must meet

To qualify, a next of kin generally must:

• Be an adult (18 or older) with the legal capacity to serve.
• Be willing to accept the appointment and perform fiduciary duties.
• Be considered “fit” by the court — meaning not incapacitated or otherwise disqualified.
• Not have a conflict of interest or a legal disqualification under state law (for example, some convictions or incapacity issues can affect eligibility).

How to actually get appointed (step-by-step)

1. File a petition for appointment of a personal representative at the probate court in the county where the decedent lived. The petition asks the court to open an estate and appoint an administrator.
2. Attach required documents: a certified copy of the death certificate, a list of next of kin/possible heirs, and any known will (if one exists).
3. Provide the court with your identity and contact information and a sworn statement that you are willing to serve.
4. Serve notice to interested parties and publish notice if the court requires it. The court will notify heirs and creditors as provided by statute and rule.
5. If required, post a fiduciary bond. Some estates or court orders require the administrator to post a bond to protect the estate. The bond requirement may be waived by the will or by court order in some cases.
6. If there are no timely objections and you meet statutory qualifications, the court will issue Letters of Administration (or similar documents) that authorize you to act on behalf of the estate.
7. Once appointed, you must inventory assets, manage and preserve property, handle creditors’ claims, pay allowed debts and taxes, and distribute the estate as the law requires. The court supervises major actions in most estates.

What if more than one next of kin wants to be the administrator?

If two or more people with the same priority level apply, the court will consider factors such as who is most able and willing to serve, geographic location, relationships with the decedent and heirs, and any objections raised by other interested parties. The court can appoint co-administrators (jointly), appoint one person, or hold a hearing to decide. If someone objects, the court will schedule a hearing to resolve the dispute.

Common disqualifying issues

Common reasons the court may refuse to appoint a next of kin include:

• Being a minor or legally incapacitated.
• Having a serious conflict of interest (for instance, being the main creditor to the estate in certain circumstances).
• Criminal convictions or other conduct that the court finds makes the person unfit to serve (this varies by situation and statute).
• Being unwilling to post a required bond when a bond is required and no waiver applies.

Where to find the governing rules and forms

Probate and appointment procedures are governed by state statutes and local court rules. Helpful official resources:

• Wisconsin Courts — Probate and estate self-help topics: https://www.wicourts.gov/courthelp/selfhelp/topics/estate.htm
• Wisconsin statutes (browse the statutes and search for probate, personal representative, and intestate administration provisions): https://docs.legis.wisconsin.gov/statutes

Helpful Hints

• Gather documents early: certified death certificate, any will, bank statements, titles, deeds, insurance policies, and a list of likely heirs with contact info.
• Contact the probate clerk in the county where the decedent lived to ask which forms to file and whether the court requires a bond.
• If there’s a will naming an executor, that person usually has priority to act; if the named executor cannot serve, the court moves to the priority list of next of kin.
• If more than one person is qualified and willing to serve, consider working out an agreement on who will petition; having a clear plan reduces conflict and court expense.
• Be ready to explain to the court why you are fit to serve—your availability, location, and ability to manage estate business matter.
• If the estate is small, some counties offer simplified procedures; ask the clerk whether a small estate affidavit or simplified administration applies.
• When in doubt, consult a probate attorney for a short consult to review eligibility, bond questions, or likely disputes among heirs.

If someone objects

If an interested person objects to your appointment, the court will set a hearing. You should be prepared to explain why you meet the qualifications and why appointment is in the estate’s best interest. An attorney can help prepare you for contested hearings.